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PA Bulletin, Doc. No. 97-1661



Administrative Order: Rules W205.1 and W211; No. 3 of 1997

[27 Pa.B. 5419]

Order of Court

   And Now, to wit, this 29th day of September, 1997, it is Ordered that Westmoreland County Rule of Civil Procedure W205.1 and the Comment to Rule W211 be revised effective January 1, 1998.

By the Court

President Judge

Rule W205.1.  Filing of Motions and Petitions.

   (a)  The trial judge assigned to a specific case will hear all matters relating to that case through and including trial.

   (b)  Each judge will establish when motions and other matters may be presented.

   (1)  Judges Loughran, Ackerman, and Caruso will hear all routine motions, orders of court, etc. presented by counsel, in civil matters specifically assigned to them, on the first and last Wednesday of each month at 10:00 a.m. Emergency motions on civil matters assigned specifically to Judges Loughran, Ackerman, and Caruso may be presented at any time convenient to the Court.

   Judge Scherer will hear motions on any matter specifically assigned to him at 8:30 a.m. on any work day on which he is available. Emergency motions may be presented at any time convenient to the Court.

   (c)  Except for emergency matters, before a motion or petition is presented, the moving party shall furnish a copy of the pleading and any proposed order to every other party or attorney of record at least 4 days in advance of when the presentation is to occur. The date and time of presentation is to be scheduled with the assigned judge. The matter must be accompanied by a certification stating that notice has been given under this rule and, in the case of an uncontested matter, that the matter is in fact uncontested. In emergency matters, the moving party must give telephone notice to every other party or attorney of record prior to presenting the motion or petition and shall, at the time of presentment of same, provide to the Court an affidavit of the notice provided.

   (d)  The moving party shall present any motion or petition and a copy of the judicial assignment form to the chambers of the assigned judge.

   (e)  The filing of preliminary objections, motions for judgment on the pleadings, motions for summary judgment, the post-trial relief shall be in accordance with Westmoreland County Rule of Civil Procedure W227.2.

Rule W211.  Oral Arguments.

   Each judge shall establish procedures for oral argument. The judge may establish a procedure requiring that no oral argument be scheduled unless requested by a party, subject to approval by the judge.


   All argument court matters before Judge Loughran shall be automatically scheduled by the Court Administrator.

   All argument court matters, excepting preliminary objections before Judges Ackerman and Caruso shall be automatically scheduled by the Court Administrator. Oral argument on Preliminary objections shall be scheduled on an individual basis after consideration of a petition or motion presented to the Court.

   Oral argument shall not be scheduled before Judge Scherer except on a case by case basis. Parties may request oral argument by petition or motion. The Court Administrator shall then schedule the oral argument on a case by case basis.

[Pa.B. Doc. No. 97-1661. Filed for public inspection October 17, 1997, 9:00 a.m.]

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