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PA Bulletin, Doc. No. 99-1223


Title 255--LOCAL


Consolidated Rules of Court; No. 62 Miscellaneous 1999

[29 Pa.B. 4060]

Adopting Order

   Now, this 15 day of July, 1999, it is hereby Ordered:

   1.  Somerset Rule of Civil Procedure 209, Proceedings After Petition Filed; Somerset Rule of Civil Procedure 210, Briefs, and Somerset Rule of Civil Procedure 211, Argument Cases. Scheduling, are amended to read in their entirety, as reflected in revised Som.R.C.P. 209, revised Som. R.C.P. 210 and revised Som.R.C.P. 211, as follows, effective thirty days after publication in the Pennsylvania Bulletin.

   2.  Som.R.C.P. 205.3. Scheduling of Petitions and Motions, is rescinded, effective thirty days after publication in the Pennsylvania Bulletin.

   3.  The following designated Somerset County Rules of Judicial Administration (Som.R.J.A.), are adopted as rules of this Court, effective thirty days after publication in the Pennsylvania Bulletin:

   Som.R.J.A. 160. Administration of Oaths and Acknowledgments.

   Som.R.J.A. 410. Prothonotary's Issuance and Delivery of Process.

   4.  The Somerset County Court Administrator is directed to:

   A.  File seven (7) certified copies of this Order and the following Rules with the Administrative Office of Pennsylvania Courts.

   B.  Distribute two (2) certified copies of this Order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   C.  File one (1) certified copy of this Order with the Pennsylvania Civil Procedural Rules Committee.

   D.  File proof of compliance with this Order in the docket for these rules, which shall include a copy of each transmittal letter.

By the Court

President Judge

Rules of Court

Petition And Motion Practice

Som.R.C.P. 209. Proceedings After Petition Filed.

   A.  An affidavit, return or acceptance of service of every petition shall be filed which shall state the name of the party or parties served and the time, place and manner of service with sufficient particularity to enable the court to determine whether proper service has been made.

   NOTE:  For form of return of service, see Pa.R.C.P. 405.

   (Derived from former R35-104).

   B.  Unless provided otherwise by these Rules or by Court Order, a petition shall be scheduled for argument or hearing only by the filing of a scheduling praecipe in the form specified in Som.R.J.A. 1099, available from the Prothonotary or Court Administrator.

   C.  Unless otherwise ordered, the case shall be scheduled for disposition only after the expiration of twenty (20) days following service of the petition, and after a return, affidavit or acceptance of service is filed.

   (Derived from former R35-105).

   NOTE:  See Som.R.C.P. 211 for scheduling procedure.


Som.R.C.P. 210. Briefs.

   A.  Briefs are required to be filed when directed by order of court, or by these Rules.

   (Formerly R8-101).

   B.  In an argument case now pending, unscheduled or hereafter filed, which presents a question of law for decision by the Court, each party shall file a brief as follows:

   1.  When a moving party files a scheduling praecipe, the moving party's brief, if not previously filed, shall be filed at the time the scheduling praecipe is presented, and the moving party shall serve copies of the brief as provided by these rules. Upon filing and service of a scheduling praecipe and brief by the moving party, each other party who has not already done so shall file a brief within twenty (20) days thereafter or at the time of earlier scheduled argument.

   2.  When a responding party files a scheduling praecipe, or if the Court places a case on an argument list, the moving party, shall, within twenty (20) days of receipt of the scheduling order, file and serve a brief as required by these rules. Upon service, each other party who has not already done so shall file a reply brief within fifteen (15) days thereafter, or at the time of earlier scheduled argument.

   3.  If a party's brief is not timely filed, the Court may, in its discretion:

   a.  In the case of a moving party's failure to file a brief, delay scheduling until the brief is filed;

   b.  Disregard the untimely brief;

   c.  Refuse oral argument by the offending party;

   d.  Consider the issues raised by the offending party to be waived;

   e.  Order argument to be continued;

   f.  Enter such other order as the interests of justice may require.

   C.  A party filing a brief shall file the original with the Prothonotary, shall promptly serve a copy on each other Counsel and unrepresented party, and shall promptly provide a copy to the Court Administrator.

   D.  Matters not briefed shall not be argued or considered, unless the omission is excused by the Court, for cause.

   E.  Any party who has filed a brief may, if no party has filed a scheduling praecipe, file a written request for submission on briefs, copy to each counsel and unrepresented party, and if no scheduling praecipe is filed within twenty (20) days thereafter, the Prothonotary shall transmit the record to the Motions Judge for such disposition accompanied by a Prothonotary's record transmission memo in substantially the following form:



   Attached is the record in the above entitled case for disposition on briefs. The following briefs are filed on the date stated and included in the record:

Party filing brief Date filed:
No other brief has been filed and no scheduling praecipe has been filed.
Date:  _______________________

List of counsel and unrepresented parties:

   A copy of the record transmission memo shall be furnished to each counsel and unrepresented party by the Prothonotary.

   Unless already filed, each party shall file a brief within twenty (20) days after the written request for submission is filed.

   (Derived from former R8-103).

   F.  Briefs shall be in the form prescribed by Pennsylvania Rule of Civil Procedure 210, and shall consist of concise and summary statements, separately and distinctly titled, of the following items in the order listed:

   (1)  Matter before the Court:  State the particular pleading (motion, petition, objection, exception, application, etc.) before the court for disposition, and the particular relief requested therein.

   (2)  Statement of the question(s) involved:  State the issue(s) in question form containing factual context sufficient to present the precise matter to be decided by the Court, each susceptible of a yes or no answer, each followed by the answer desired or advocated.

   (3)  Facts:  State the operative facts.

   (4)  Argument:  State the reason(s) why the court should answer the questions involved as proposed, including citation of the authorities relied on. An authority shall not be cited for general reference but in all cases shall be immediately preceded or followed by its relevant holding or particular proposition for which it stands.

   (5)  Relief:  State the specific action(s) requested of the court.

   (Formerly R8-102).

Argument Case


Som.R.C.P. 211 Argument Cases. Scheduling.

   A.  An ''argument case'' is any case ready for non-trial hearing or argument before the court.

   B.  All argument cases shall be scheduled for argument or hearing only upon the filing of a scheduling praecipe in the form specified in Som.R.J.A. 1099, available through the Court Administrator's office or Prothonotary's office, except that the following argument cases shall be scheduled sec. reg. by the Court Administrator without requiring a scheduling praecipe:

   1.  Argument cases on the list of the Domestic Relations Director (Som.R.J.A 1011.C.).

   2.  Motions or petitions presented to regularly scheduled Motions Court pursuant to the provisions of Som.R.C.P. 205.4.

   3.  Petitions for adoption, appointment of guardian for an incapacitated person, complaint for custody, preliminary injunctions, and similar complaints or petitions which require date certain scheduling, and any other case in which a Judge of the Court has fixed a date certain for hearing or argument, provided that unless Counsel indicate otherwise when the motion, petition or complaint is presented, such cases will be allowed not more than thirty (30) minutes on the schedule and will be treated as proper for scheduling before any Judge.

   4.  Motions or petitions which are permitted to be presented ex parte, without prior notice of presentation and opportunity to be heard, pursuant to the provisions of Som.R.C.P. 209.2, subparagraph A.

   5.  Motions or petitions which, because of extraordinary and compelling circumstances, cannot be scheduled otherwise, and which must be heard upon short notice.

   C.  Argument before the Court shall not be permitted in excess of twenty (20) minutes for each party, unless extension is granted by the Court for cause.

Administration Of Oaths And Acknowledgments Som.R.J.A. 160.

   The Chief Probation Officer, secretaries of the Probation Department, Director and Assistant Director of the Domestic Relations Section, and secretaries in the Domestic Relations Section, are empowered as Clerk and Deputy Clerks of the Court to take affidavits to petitions, complaints, applications and other documents filed in cases docketed in the Juvenile and Domestic Relations dockets, and other dockets now or hereafter in the custody of the Probation Department or Domestic Relations Section.

   (Formerly R29-404).

Issuance And Delivery Of Process

Som.R.J.A. 410.  Prothonotary's Issuance And Delivery Of Process.

   When a writ is issued by the Prothonotary, or any complaint is filed, and upon presentation of proper copies, the Prothonotary shall, unless otherwise instructed in writing by the party issuing or filing the same, attest the copies to be served in compliance with applicable Rules of Civil Procedure, and shall deliver the same promptly to the Sheriff for service.

   NOTE:  See Kuzupas v. Kammerer, 35 Somerset Legal Journal 168 (1978).

   (Formerly R45-101).

[Pa.B. Doc. No. 99-1223. Filed for public inspection July 30, 1999, 9:00 a.m.]

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