Dauphin Cnty. C.P. Rule 1034(a) - Motion for Judgment on the Pleadings-Proce...

RULE 1034(a) – MOTION FOR JUDGMENT ON THE PLEADINGS —

PROCEDURES FOR DISPOSITION

(1) The Motion for Judgment on the Pleadings with brief in support shall be filed with

the Prothonotary and served on all other parties.

(2) A response with brief in opposition shall be filed within thirty days after service of

the Motion for Judgment on the Pleadings and brief in support.

(3) A Reply Brief, although not required, may be filed within ten days of service of

the Response with brief in opposition.

(4) Oral argument may be requested as set forth in Local Rule 211.

(5) The Motion for Judgment on the Pleadings is ready for assignment to a judge

when all briefing requirements set forth in (1), (2), and (3) above have been met

or the time permitted for the filing of briefs has elapsed. At that point, either party

may file an original and one copy of a Certificate of Readiness with the

Prothonotary.

(6) The Prothonotary shall forward the original Certificate of Readiness to the Court

Administrator’s Office and retain the copy in the file.

(7) The Court Administrator’s Office shall promptly assign the Motion for Judgment

on the Pleadings to a judge who has had prior significant involvement with the

case or, if no judge has had prior significant involvement, to a judge on a rotating

basis.

(8) The Assigned Judge shall issue a scheduling order, which will include any

additional briefing requirements and an argument date (if necessary). If the

Assigned Judge determines that argument is advisable before a three-judge

panel, the Assigned Judge and the Court Administrator’s Office will make the

necessary scheduling arrangements for such panel argument. Parties shall

provide a copy of all subsequent pleadings, filings, briefs and memoranda related

to the Motion for Judgment on the Pleadings to the Court Administrator’s Office

for distribution to the assigned judge. No cover letter is necessary.

(9) The Certificate of Readiness form is available in the Prothonotary’s Office, in the

Court Administrator’s Office and online at the Dauphin County website

(www.dauphincounty.org). Parties filing a Certificate of Readiness form must

ensure that the most current form is utilized. Failure to utilize the most current

form shall result in the rejection of the Certificate of Readiness.

COMMENT: Rule 1034(a) was amended to direct parties to file their briefs at the same

time as their Motion for Judgment on the Pleadings or their Response. A Certificate of

10-21-19

Readiness may be filed after the response(s) and briefs have been filed or at the

expiration of the time lines contained in this rule.

10-21-19