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N211 Argument Lists-Requests for Findings and...
N211 Argument Lists
(a) Nature of Case. The argument list shall consist only of cases in which a question of law is to be determined.
(b) Procedure. Proceedings may be listed for argument by order of court or by the filing with the Clerk of Court an original and one copy of a praecipe by counsel not later than twenty (20) days before the argument court. The Court Administrator shall prepare an argument list consisting of all cases ordered thereon either by the court or by counsel.
Counsel ordering a case on the list by praecipe (or the Court Administrator in cases ordered on by the court) shall give notice thereof to the adverse party at least twenty (20) days before the date set for argument.
(c) Time for Filing Praecipe and Briefs. Counsel ordering the case on the argument list shall file a brief simultaneously with the filing of the praecipe for argument, and shall serve a copy on the adverse party at least twenty (20) days before the date set for argument. The clerk shall not accept a praecipe for argument without the moving party’s brief. The respondent shall deliver a brief to the moving party and file a copy with the clerk at least five (5) days before the date set for argument.
In cases ordered on the argument list by the court, the time for filing briefs shall be in accordance with the schedule established by the court in that particular case. Where no such schedule has been established, the moving party shall file and serve a brief at least twenty (20) days before the date set for argument. The respondent shall deliver a brief to the moving party and file a copy with the clerk at least five (5) days before the date set for argument.
In all cases, the clerk shall promptly forward all briefs to the Court Administrator. No supplemental brief shall be filed except upon special allowance by the court and within such time as the court may direct.
In cases involving preliminary objections, motion for judgment on the pleadings, and motions for summary judgment, see rules N1028, N1034, or N1035 for additional requirements. If a party fails to file a praecipe for argument and a brief within a reasonable period of time following the filing of a motion or petition and the closing of the record, the adverse party may seek dismissal of the motion or petition.
Comment: See N210 Content of Briefs.
(d) Record for Argument. No case shall be placed on the argument list unless the record made either by depositions or at a hearing or trial shall be actually on file at the time the case is placed on the list, unless (1) counsel files a stipulation of the material facts, or (2) the court specifically directed that the case be placed on the list.
(e) Continuance. Continuances of the case on the list may be granted for cause shown or upon agreement of counsel with approval of the court. The continuances shall be a continuance to the next argument court unless a specific date for further argument is specified by the court at the time the continuance is granted, in which case the Court Administrator shall so list the case without further praecipe.
(f) Oral Argument. When each case is called, the parties shall state to the court (1) whether briefs are filed and (2) whether any party requests oral argument on the matter before the court. Cases on the argument list may be submitted on briefs, if all parties agree to waive oral argument. If all parties agree to submission on briefs, counsel need not appear for the call of the argument list; rather, counsel for the moving party shall provide written notice to the Court Administrator that all parties agree that the case may be submitted on the briefs.
(g) Non-Jury Cases. When required by the court in cases tried without a jury, the parties shall furnish to the court proposed findings of fact and conclusions of law.
(h) Land Use Appeals. Whenever a zoning hearing board or other applicable governing body of a municipality is required under the Pennsylvania Municipalities Planning Code to certify its record to the court in response to a writ of certiorari in a land use appeal, the record shall contain a copy of the entire zoning ordinance, building code or other ordinance, with the relevant portions indicated therein, and a copy of the zoning map of the municipality.
EFFECTIVE JUNE 17, 2004
Created at 1/29/2016 8:37 AM by Vitek Gajewski
Last modified at 1/29/2016 8:37 AM by Vitek Gajewski
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