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Court Rule

N1028(c) Procedure for Disposition of Preliminary Objections

N1028(c) Procedure for Disposition of Preliminary Objections
 
Preliminary objections shall be resolved on an argument list, and shall be filed and briefed in conformity with Rule N211.
 
(1) When the preliminary objections can be resolved from facts of record and no evidentiary hearing is required, within twenty (20) days after the filing of preliminary objections, the objecting party shall file a praecipe and accompanying brief in support of the objections with the Clerk of Courts — Civil in conformity with Rule N211.
 
(2) When the preliminary objections are endorsed with a notice to plead because the objections involve issues that cannot be determined from facts of
record, the preliminary objections shall be filed and appropriate time shall be allowed for the responding party to file a response before the objecting party shall praecipe the objections for an evidentiary hearing in compliance with Rule N209; once the evidentiary record has been made, the objecting party shall file a praecipe and accompanying brief in support of the objections in conformity with Rule N211.
 
(3) If a brief is not filed in accordance with this rule, the preliminary objections shall be dismissed by the court as of course, unless the time for filing has been extended by the court.

EFFECTIVE JUNE 17, 2004
 
(AMENDED FEBRUARY 21, 2020-ADMINISTRATIVE ORDER 2020-4-SEE BELOW)

 


 
RULE N1028(c). Procedure for Disposition of Preliminary Objections.
 
     Preliminary objections shall be resolved on an argument list and shall be filed and briefed in conformity with Rule N211.
 
          (1) When the preliminary objections can be resolved from facts of record and no evidentiary hearing is required, within twenty (20) days of the filing of preliminary objections, the objecting party shall file a praecipe and accompanying brief in support of the objections with the Clerk of Courts - Civil in conformity with Rule N211.
 
                    (a)  If a brief is not filed in accordance with this rule, the preliminary objections shall be dismissed by the court, as of course, unless the time for filing has been extended by the court.  The Clerk of Courts - Civil shall docket the order dismissing the preliminary objections and shall give notice thereof by ordinary mail to the objecting party or that party’s counsel.  If the objecting party is required under the Rules of Civil Procedure to file a responsive pleading, it shall be filed within twenty (20) days of the mailing of notice by the Clerk of Courts - Civil of the dismissal of the preliminary objections. 
 
          (2) When the preliminary objections are endorsed with a notice to plead because the objections involve issues that cannot be determined from facts of record, the preliminary objections shall be filed and appropriate time shall be allowed for the responding party to file a response before the objecting party shall praecipe the objections for an evidentiary hearing in compliance with Rule N209.  Within twenty (20) days of the completion of the evidentiary record, or if the objecting party deems that a hearing is not necessary because of admissions in the response within twenty (20) days of the date of the filing of the response, the objecting party shall file a praecipe and accompanying brief in support of the objections with the Clerk of Courts - Civil in conformity with Rule N211.
 
                    (a) If a praecipe for an evidentiary hearing or for argument is not filed within twenty (20) days of the responding party filing a response to the preliminary objections, the responding party may move to have the preliminary objections dismissed. 
 
                    (b) If an evidentiary hearing is held pursuant to Rule N209, the objecting party shall file a praecipe and accompanying brief in support of the objections with the Clerk of Courts - Civil in conformity with Rule N211 within twenty (20) days of the completion of the evidentiary record.  If such praecipe and accompanying brief are not timely filed, the responding party may move to have the preliminary objections dismissed.

EFFECTIVE FEBRUARY 21, 2020


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Created at 1/29/2016 8:58 AM by Vitek Gajewski
Last modified at 2/24/2020 9:54 AM by Lisa Mann
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