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Fayette Cnty. C.P. Local Rules and Administrative Orders - Amended March 12,... Rule 210

FORM AND CONTENT OF BRIEFS

activein force · 2017-03-13 – presentact-effective-date

(a) The brief of the moving party shall contain a statement of the

questions involved, a history of the case, and argument; and shall have

appended to it a copy of the relevant docket entries, all pleadings or papers in

the nature thereof upon which the particular application is based or that are

necessary to a full understanding of the questions involved and any adjudication,

decision, or opinion previously filed. The brief of the responding party needs

contain only that party's argument, but a counter statement of the questions

involved and a counter-history of the case may be added.

(b) The argument shall be divided into as many parts as there are

questions to be argued, each part with a heading indicating the particular

question discussed therein. If reference is made to the evidence or charge, the

argument shall set forth in immediate connection therewith, or in a footnote

thereto a reference to the page or pages of the transcript where the matter

referred to appears. When a finding of fact or the refusal to find a fact is

discussed, the argument shall contain a synopsis of all the evidence on the

question, with a reference to the page or pages of the transcript where the

evidence may be found.

(c) The matter will be decided on the briefs submitted unless oral

argument is requested.

(d) This rule applies to all briefs submitted to the Court En Banc as well

as those submitted to individual Judges.

RULE 210.1

NOTE: Rescinded January 25, 2017, effective March 13, 2017.

RULE 210.2

NOTE: Rescinded April 4, 2003, effective July 21, 2003.

RULE 211

NOTE: Rescinded June 8, 2004, effective July 26, 2004.

RULE 211.1

NOTE: Rescinded June 8, 2004, effective July 26, 2004.

RULE 211.2

NOTE: Rescinded June 8, 2004, effective July 26, 2004.

RULE 211.3

NOTE: Rescinded June 8, 2004, effective July 26, 2004.

RULE 212

Note: Rescinded August 30, 2016, effective October 16, 2016.

RULE 212.1

PRE-TRIAL PROCEDURE;

CERTIFICATE OF READINESS FOR PRE-TRIAL CONFERENCE

(a) Except in those cases involving compulsory arbitration, there shall be 240

days from the filing of the complaint in which the parties shall complete discovery.

Discovery will not be permitted after the 240 day period except by order of Court upon

good cause shown.

(b) In those cases where it is apparent that extensive discovery will be

required, counsel may present a motion requesting a status conference, or file and

present an appropriate motion, with the trial Judge to whom the case has been

assigned to establish an alternate discovery time table.

(c) Unless otherwise agreed upon by the parties, or ordered by the Court, all

depositions shall be held in Fayette County.

(d) At any time after the close of discovery, the Court may, in its discretion,

direct the parties to attend a status conference, or the Court may compel the filing of

pre-trial statements, schedule the pre-trial conference, or otherwise intervene to

expedite the litigation.

(e) If there is an appeal of the award of arbitrators, this rule shall apply,

except that there shall be 60 days from the filing of the appeal in which the parties shall

complete discovery.

(f) At the close of discovery and upon the filing of a pre-trial statement by the

moving party, the movant shall file a Certificate of Readiness for Pre-trial Conference.

(1) The Certificate of Readiness shall be substantially in the form which

follows this rule and shall be served with written notice to all parties.

(2) If a party objects to the Certificate of Readiness as filed by any

party, the objecting party is required to file the objection within 20

days; otherwise, all parties will be deemed to be in agreement with

the statement contained in the Certificate of Readiness.

(3) Objections to the Certificate of Readiness shall be presented

forthwith as a priority motion to the Judge to whom the case is

assigned. If an objection to the Certificate of Readiness has been

filed, the Prothonotary shall only transmit the docket to the Trial

Judge for pre-trial conference after the Judge resolves the

objection.

(4) If no objection to the Certificate of Readiness has been filed within

20 days, the Prothonotary shall transmit the docket to the Trial

Judge to schedule a pre-trial conference.

(5) In accordance with Local Rule 212.3, the Trial Judge shall schedule

the pre-trial conference upon transmission of the docket from the

Prothonotary.

(6) A Certificate of Readiness is not required for cases assigned to

arbitration.

IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA

_________________________ : Civil Action

Plaintiff:

: NO.

Vs. :

:

_________________________ : JUDGE ________________

Defendant:

: Jury Trial ______________

: Non-jury Trial ___________

: Arbitration _____________

CERTIFICATE OF READINESS

I hereby certify, pursuant to Fayette County Rule of Civil Procedure 212.1, that

the above-captioned case is ready for trial. All pleadings are closed; all witnesses are

presently available to appear at trial; the moving party’s pre-trial statement has been

filed and served upon the other parties; and discovery is complete, except for those

depositions to be taken solely for the purpose of being presented at trial. Any such

deposition shall be completed prior to trial and a transcript of the deposition shall be

submitted to the Court at least five (5) days prior to trial or all objections will be deemed

waived.

I further certify that immediately after filing, I will serve a time-stamped copy of

this certificate upon all counsel, and/or any unrepresented party.

_________________________ _____________________________

Print Name Signature of Counsel

_________________________ _____________________________

Representing

_________________________

_________________________ _____________________________

Address Date

_________________________

Telephone No.

NOTE: Amended December 19, 2003, effective February 9, 2004. Amended

January 26, 2010, effective March 15, 2010. Amended August 30,

2016, effective October 16, 2016.

Provenance

Source
www.fayettecountypa.org
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
2cd8f6577636cc6feb1a2648cd83830fb84e882ae83bae6547eee9573dfd3916
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