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PA Bulletin, Doc. No. 15-452


Title 255—LOCAL


Local Rule 1028(c); No. 335 of 2015 GD

[45 Pa.B. 1254]
[Saturday, March 14, 2015]


And Now, this 25th day of February, 2015, pursuant to Pennsylvania Rule of Civil Procedure Section 239.8, it is ordered that Fayette County Local Rule of Civil Procedure Section 1028(c) is hereby amended to read as follows hereto and shall become effective upon publication on the Pennsylvania Judiciary's Web Application portal at

 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 of the rule shall be filed with the Civil Procedural Rules Committee.

 (3) One certified copy shall be sent to the Fayette County Law Library.

 (4) One certified copy shall be sent to the Editor of the Fayette Legal Journal.

By the Court

President Judge

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).

 (b) In the event the preliminary objections properly raise an issue of fact under Pa.R.C.P. 1017(a)(4) and Pa.R.C.P. 1028(c)(2) then the non-moving party shall file its response within twenty (20) days after service of the preliminary objections.

 (c) In the event an amended pleading is not timely filed by the non-moving party, the preliminary objections shall be presented in Motions Court pursuant to FCR 208.3(a) within forty (40) days of the filing of the preliminary objections, accompanied by a proposed Order.

 (d) Upon agreement of the parties, the preliminary objections may be submitted as a priority Motion for disposition by the Court at that time. The parties shall be permitted no more than three (3) minutes to orally present their positions on the issues raised and any briefs or memorandums the parties wish for the Court to consider shall be submitted to the Court at that time. Otherwise, the preliminary objections shall be presented by the moving party as a routine Motion accompanied by a proposed Order. Upon receipt of such a Motion, the Court shall establish a briefing schedule, and, if deemed necessary by the Court, an argument date for disposition of the preliminary objections. If the preliminary objections properly raise an issue of fact, the Court shall enter an Order establishing the procedure to be followed for the making of a factual record, for the briefing of the issues raised, and for setting an oral argument date and time, if deemed necessary by the Court.

 (e) All briefs shall be served on all other parties to the case and on the assigned Judge. A certificate of service shall be filed with the Prothonotary but the brief itself shall not be filed of record. Failure to comply with the briefing schedule may result in the denial of oral argument or such other sanctions as the Court deems appropriate.

 (f) Failure of a party to comply with the requirements of these rules may result in either the entry of the relief requested or the denial of such relief as the circumstances may warrant.

[Pa.B. Doc. No. 15-452. Filed for public inspection March 13, 2015, 9:00 a.m.]

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