In Re: Local Rule 1028(c); Civil Division; No. 565 of 2010 G1
[40 Pa.B. 1630]
[Saturday, March 27, 2010]
And Now, this 9th day of March, 2010, pursuant to Pennsylvania Rule of Civil Procedure Section 239.5, it is ordered that Fayette County Local Rule of Civil Procedure Section 1028(c) is hereby amended to read as follows and shall become effective upon publication on the AOPC web site at http://ujsportal.pacourts.us/.
The Prothonotary is directed as follows:
(1) Two certified copies and diskette of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(2) One certified copy shall be sent to the Fayette County Law Library.
(3) One certified copy shall be sent to the Editor of the Fayette Legal Journal.
By the Court
GERALD R. SOLOMON,
Rule 1028(c). Preliminary Objections.
(a) Any party to any proceeding may file preliminary objections to any pleading pursuant to Pa.R.C.P. 1028(a). Such preliminary objections must be filed within twenty (20) days of the service of the pleading to which the moving party is objecting. A timely filing of an amended pleading by the non-moving party shall render the preliminary objections moot in accordance with Pa.R.C.P. 1028(c)(1)(i).
(1) In the event an amended pleading is not timely filed by the non-moving party, the preliminary objections shall be presented in Motions Court as a Priority motion pursuant to FCR 208.3(a) within forty (40) days of the filing of the preliminary objections, accompanied by a proposed Order. The moving party may submit, at the time of presentation, a brief or memorandum of law in support of the preliminary objections and shall serve the same on the non-moving party at least one (1) week prior to the presentation.
(2) If the Court determines that briefs need be submitted, and unless otherwise ordered, the brief of the moving party shall be served on all parties and the assigned Judge within twenty (20) days from the presentation of the motion, and the briefs of all responding parties shall be served on all other parties and the assigned judge within twenty (20) days after service of the moving party's brief. A certificate of service shall be filed with the Prothonotary; the brief itself shall not be filed of record.
(3) Failure to comply with the briefing schedule may result in the denial of oral argument or such other sanctions as are appropriate
[Pa.B. Doc. No. 10-546. Filed for public inspection March 26, 2010, 9:00 a.m.]
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