Berks Cnty. C.P. Civil Rules Rule 211.2

(a) A party having the burden at argument in a civil case may file a praecipe with the prothonotary

ordering that the case be listed for a particular argument court date, except that the date for argument on

preliminary objections shall be as provided in B.R.C.P. 1028 (c), and shall file simultaneously with the

prothonotary the required copies of his brief of argument and a proof of service that copies of such

praecipe and brief of argument have been served upon all other parties in the case.

(b) A party not having the burden at argument in a civil case may file a praecipe with the prothonotary

ordering that the case be listed for a particular argument court date and shall file simultaneously with the

prothonotary a proof of service that copies of such praecipe have been served upon all other parties in the

case. The party not having the burden shall not be required to file a brief of argument at the time of filing

such praecipe.

(c) A party filing a praecipe for argument shall set forth in writing on such praecipe:

(1) the particular date the case is ordered to be listed for argument, which date shall be the next

argument court date that is at least twenty-four (24) days from the date of filing (if filed by the party

having the burden at argument), the next argument court date that is at least forty-four (44) days from the

date of filing (if filed by the party not having the burden at argument), or any later argument court date

that the party filing the praecipe certifies is agreeable to all parties and the assigned judge.

(2) the matter to be argued

(3) the party who has the burden at argument

(4) whether it should be argued before a panel of judges under B.R.C.P. 211(a) or a single judge

under B.R.C.P. 211(b)

(5) the name of the judge assigned to the case

(d) In those cases where the party having the burden at argument has filed a praecipe for argument and

accompanying documents in compliance with the requirements of subsection (a), each opposing party

shall file with the prothonotary on or before the Tuesday (or Monday if Tuesday is a holiday) prior to the

argument court date the required copies of his brief of argument accompanied by a proof of service that

copies of brief of argument have been served upon all other parties in the case. When the argument date is

by agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, each

opposing party shall file its argument brief no later than seven (7) days prior to the agreed upon argument

date.

(e) In those cases where a party not having the burden at argument has filed a praecipe for argument

and proof of service in compliance with the requirements of subsection (b), the party having the burden

shall file with the prothonotary on or before the twenty-fourth (24th) day preceding the argument court

date the required copies of his brief of argument accompanied by a proof of service that copies of briefs

of argument have been served upon all other parties in the case. Each opposing party thereafter shall file

with the prothonotary on or before the Tuesday (or Monday if Tuesday is a holiday) before the argument

court date the required copies of his brief of argument accompanied by proof of service that copies of

briefs of argument have been served upon all other parties in the case. When the argument date is by

agreement of the parties and the assigned judge, unless the assigned judge orders otherwise, the party

having the burden shall file its argument brief no later than twenty-four (24) days prior to the agreed upon

argument date, and each opposing party shall file its argument brief no later than seven (7) days prior to

the agreed upon argument date.

(f) In those cases where the court specially orders a case for argument, the court shall fix the briefing

schedule as a part of its order listing the case for argument, or by separate order.

(g) The required copies of briefs of argument to be filed shall be two (2) for cases under B. R.C. P.

211 (a) Panel List and one (1) for cases under B. R.C. P. 211 (b) Single Judge List.

(h) Where there has not been strict compliance with these rules as to time for filing, content or

praecipe and proof of service of praecipe and/or brief of argument, as applicable, the prothonotary shall

still accept the praecipe or brief of argument for filing, and Court Administration shall list the case for

oral argument. The non-compliant party, however, shall be prohibited from participating in oral argument

before the court unless the non-compliant party timely cures any defects and there is no prejudice to any

opposing party, or the court, in its discretion, allows the non-compliant party to participate after good

cause is shown.