Dauphin Cnty. C.P. Rule1028c - Preliminary Objections-Procedures for Disposi...

RULE 1028(c) – PRELIMINARY OBJECTIONS—PROCEDURES FOR DISPOSITION

(1) Preliminary Objections shall be filed with the Prothonotary and served on all

other parties.

(2) Any response shall be filed within twenty days after service of the Preliminary

Objections.

(3) (i) If a response is filed, a brief in support of the Preliminary Objections shall

be filed within twenty days after service of the response. If a brief in

support is not filed within twenty days after service of the response, the

Preliminary Objections shall be deemed withdrawn by the Prothonotary

upon praecipe of the responding party.

(ii) If no response is filed, a brief in support of the Preliminary Objections

shall be filed within forty days after service of the Preliminary Objections.

If no response is filed and a brief in support of the Preliminary Objections

is not filed within forty days after service of the Preliminary Objections,

the Preliminary Objections shall be deemed withdrawn by the

Prothonotary upon praecipe of the responding party.

(4) Any brief in opposition shall be filed twenty days after service of any brief in

support of the Preliminary Objections which may have been filed.

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

the brief in opposition.

(6) If the responding party filed a praecipe to have the Preliminary Objections

deemed withdrawn pursuant to paragraph (3) above, the responding party

shall serve Notice of the Praecipe by first class mail to the attorneys of record,

or, if a party is unrepresented, to the party’s last known address of record.

(7) If the Preliminary Objections are deemed withdrawn, the objecting party shall

have the right to file an answer to the pleading to which the preliminary

objection were filed within twenty days after service of the aforementioned

praecipe as if the Preliminary Objections had never been filed.

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

(9) The Preliminary Objections are ready for assignment to a judge when all

briefing requirements set forth in subparagraphs (3), (4) and (5) 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.

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

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

(11) The Court Administrator’s Office, under the direction and supervision of the

Civil Calendar Judge, shall promptly assign the Preliminary Objections 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.

(12) 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 Preliminary Objections to the Court Administrator’s Office for

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

(13) If a party requests that discovery is necessary for the disposition of the

Preliminary Objections, said request shall be contained in the Preliminary

Objections or in the answer thereto. The Assigned Judge shall dispose of this

request in the scheduling order.

(14) 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: If a party determines that discovery is necessary before the disposition of

the Preliminary Objections, a party should file an Administrative Application for a Status

Conference and request that a scheduling order be issued which includes discovery

deadlines. Rule 1028(c) was amended to provide time frames for response(s) and

briefs. A Certificate of 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. The purpose of the

amendment is to provide for the assignment of the matter to a judge when the matter is

ready for disposition.

Pursuant to Pa.R.C.P. 239.5(b), this rule shall not apply to family law actions governed

by Rules 1901 through 1940.9.

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