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PA Bulletin, Doc. No. 02-1047



Amendment of Local Civil Action Rules 39-210 and 39-211; Misc. Doc. 2002-1424

[32 Pa.B. 2883]

Order of Court

   May 28, 2002, Civil Action Rule No. 39-210 and 39-211 for the Court of Common Pleas of the 39th Judicial District of Pennsylvania is hereby amended as follows, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.

President Judge

Rule 39-210.  Form of Briefs.

   39-210.1. Content Generally.  Briefs shall be typewritten and double spaced, except for quotations, on paper 8 1/2 inches by 11 inches in size, and shall be bound at the top, not at the side.

   39-210.2.  Brief of Moving Party. The brief of the moving party shall contain:

   (a)  A statement noting whether or not oral argument is requested.

   (b)  A procedural history of the case.

   (c)  A statement of facts relevant to the issue for disposition.

   (d)  A statement of the question or questions involved.

   (e)  Argument with citations of the authority relied upon.

   (f)  Conclusion.

   (g)  A copy of, or reference to, the pertinent parts of any relevant document, report, recommendation or order.

   39-210.3.  Brief of Opposing Party. The brief of the opposing party shall contain everything required in the brief of the moving party except it need not contain a procedural history of the case.

   39-210.4.  Briefs Longer Than 15 Pages. The brief of each party, if more than 15 pages in length, shall contain an index and a table of citations of cases and statutes therein, with reference to the pages at which they appear in the brief.

Rule 39-211.  Oral Arguments.

   39-211.1.  Argument Court Calendar. Except as otherwise provided by the Court, Arguments in the Franklin County Branch shall be held on the first Thursday of each month excluding August, except when that Thursday is a legal holiday, in which case the Argument shall be held on the next business day, and in the Fulton County Branch Arguments shall be held on days as established by the annual Court calendar.

   39-211.2.  Listing and Briefing Cases. Causes for Argument shall be listed in the Prothonotary's office in a docket to be provided for that purpose. Any party may list a cause by the filing of a Praecipe directing the Prothonotary to list the cause for oral argument. The Praecipe shall be accompanied by a Cover Sheet substantially in the form set forth in Exhibit A, attached.

   A.  Responsibility of Moving Party.

   1.  Within twenty (20) days of the placing of any matter on the list for argument, the moving party shall file an original and one copy of a supporting brief together with any affidavits, depositions, transcripts and other support documents.

   2.  The moving party shall serve copies of its brief on all opposing parties together with a notice to file a responsive brief within twenty (20) days of service, and shall file proof of service of the notice.

   3.  Upon the failure of the moving party to timely file and serve its brief, the Court may, sua sponte or upon petition of the opposing party, order the matter stricken from the argument list.

   4.  Rebuttal briefs may be filed only with the permission of the Court.

   B.  Responsibility of the Opposing Party.

   1.  Any party in opposition to the matter shall file an original and one copy of its responsive brief within twenty (20) days of service of the moving party's brief. Concurrently, the opposing party shall serve copies of its brief on the moving party and any other opposing parties.

   2.  If an opposing party fails to file and serve its brief within the time period required, the Court may consider such failure to be a waiver of opposition and shall sua sponte, or upon petition of the moving party, either [a] grant the relief requested, so long as such action does not result in dismissal of the case; or [b] exclude the opposing party from oral argument.

   C.  Scheduling Oral Argument.

   1.  Any party may schedule a case for argument on the next scheduled argument court date by the filing of a praecipe with the Prothonotary on or before the Thursday which is four weeks preceding the day for argument, and further provided that the praecipe scheduling the case for argument or submission certifies that all briefs have been filed or that the opposition brief has not been timely filed.

   2.  Any party scheduling a case for argument or submission shall give written notice thereof to all other parties within two (2) days, and shall certify such notice on the record. Failure to give such notice may be grounds for striking the case from the list.

   39-211.3.  Listing By Agreement. The parties may agree in writing to add a cause to the Argument List at any time so long as service of briefs may be made in accordance with the time requirements of Rule 39-211.2, supra. The Court may order a cause listed for Argument at the next scheduled Argument Court or on such other day as it may direct, and in that event, it may regulate the time for service of briefs.

   39-211.4.  Fact Determination. When the ascertainment of facts is necessary for the proper disposition of a cause listed for Argument, such facts may be determined by deposition or as otherwise provided in the Pennsylvania Rules of Civil Procedure.

   39-211.5.  Oral Argument. The person seeking the Order applied for shall argue first, and may also argue in reply, if permitted by the Court, but such reply shall be limited to answering Arguments advanced by the respondent. In causes where there is more than one respondent, the order of Argument by the respondents shall be as directed by the Court.

   39-211.6.  Briefs. The form of briefs is governed by 39th Jud. Dist. C.R. No. 39-210 and briefs shall be filed with the Prothonotary and served as set forth in Rule 39-211.2, supra.

   [39-211.7.  Omitted]

   [39-211.8.  Omitted]

   39-211.9.  Disposition By Briefs Alone or Upon Oral Argument. Oral argument may be dispensed with provided that there is agreement of the parties and approval of the Court. The Court reserves the right to require oral argument in any case.

   39-211.10.  Striking Cases From the List. Cases may be continued or stricken from the argument list only pursuant to order of court. A party may request such an order of court by petition setting forth the basis for the request. Such petition must include certification regarding concurrence or nonconcurrence of all other parties as required by 39th Jud. Dist. C.R. No. 29-206.1.

Case Name:  _____________________________________
Docket No.:  _____________________________________

Cover Sheet, Oral Arguments
39th Jud. Dist. C. R. No. 39-211
(one copy to be filed by listing party; to be completed by Prothonotary,
and transmitted along with the Briefs to the assigned Judge)

Listing and Briefing of Cases
1. Moving party files Praecipe to list cause for argument ______39-211.2
2. Moving party files two copies of brief [not later than
twenty (20) days after listing matter for oral argument]
______39.211.2 A.1.
3. Responding party files two copies of brief [not later
than twenty (20) days after service of moving party's brief]
______39-211.2 B.1.
Scheduling Oral Argument (only if all briefs have been filed)
4. Moving or Responding party may file a Praecipe to
schedule the case for oral argument [not later than
Thursday which is four weeks preceding the date for
oral argument]
______39-211.2 C.1.
Prothonotary shall check one: 39-211.2 C.1.
      [  ]  all briefs have been filed
      [  ]  opposition brief has not been timely filed
5. Party scheduling case for oral argument certifies
having given notice to other parties that matter
has been scheduled for oral argument [not later than
two (2) days after filing praecipe to schedule the
the case for oral argument]
______39-211.2 C. 2.
Argument has been scheduled to be held on: ______

Exhibit A

[Pa.B. Doc. No. 02-1047. Filed for public inspection June 14, 2002, 9:00 a.m.]

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