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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
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Created at 1/29/2016 8:58 AM by Vitek Gajewski
Last modified at 1/29/2016 8:58 AM by Vitek Gajewski
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