Berks Cnty. C.P. Civil Rules Rule 211.5

Matters Upon Stipulation. Failure to File Brief or Appear at Argument

(a) If a party is unable to file and serve his brief of argument as required by these rules, or is unable

to appear and argue the case when scheduled, such party shall make timely application to the court for an

extension of time in which to file and serve his brief and/or for a continuance, and upon good cause

shown the court may grant such additional time and/or continue the argument as may be proper under the

circumstances.

(1) There can be no extension of time for filing and serving of briefs of argument by agreement

of the parties, except that if the praecipe for argument is filed by a party not having the burden, a

reasonable extension of time for filing and serving of briefs by the party having the burden will be

allowed without cause upon written stipulation of all parties and order entered thereon by the court and

filed at least twenty-four (24) days prior to the argument court date. Except for argument on preliminary

objections, a continuance without cause will be allowed one time on any other matter listed for argument,

upon written stipulation of all parties and order entered thereon by the court and filed no later than on the

Tuesday (or Monday if Tuesday is a holiday) prior to the argument court date.

(2) Unless otherwise ordered by the court because of emergency, any application for extension

of time for cause for filing and serving of briefs must be made to the court on or before the due date for

filing, and any application for continuance of argument must be made to the court on or before the

Tuesday (or Monday if Tuesday is a holiday) prior to the scheduled argument date. A party making either

such application must give written notice to all other parties in accordance with B.R.C.P. 211.3(a) of the

intended date, time and nature of the application at least three (3) days prior to making such application,

except that notice may be waived by such other party who appears before the court at the time such

application is made. If the other party does not appear, the party making application shall file proof of

service of notice in accordance with B.R.C.P. 211.3(b) at or before the time of making such application.

(3) Disposition of matters in issue for argument may be made by written stipulation of all

parties if approved by order entered thereon by the court prior to or at the time of scheduled argument.

(4) The court may order sua sponte that the time for filing of an argument brief be extended,

that an argument be continued or that a case be stricken from the argument list.

(b) If a party fails to appear and argue his case at the time scheduled, the court may hear argument

of one party nevertheless, may consider the position of the party so failing to appear and argue as

abandoned and may, without further notice, order the matter granted or dismissed with prejudice,

depending on which party has failed to appear, or act upon the matter in such manner as the court deems

appropriate, including the imposition of sanctions for failure to comply with these rules.