Westmoreland Cnty. C.P. Civil Rules 7

(b) Within three (3) days of filing the Preliminary Objections, the objecting party,

shall serve that pleading on every other party or attorney of record and file a

certificate of service.

(2) Filing and Service of Brief in support of Preliminary Objections

(a) The objecting party shall file a Brief with the Prothonotary within thirty (30)

days of filing the pleading if the Preliminary Objections only set forth grounds

under subdivisions (2), (3) or (4) of Pa.R.C.P. 1028. Parties filing Preliminary

Objections raising any ground other than under subdivisions (2), (3) or (4) of

Pa.R.C.P. 1028 shall file a Brief within sixty (60) days of filing the Preliminary

Objections, unless the court, on motion of any party, sets a briefing schedule to

accommodate depositions or a hearing pursuant to 1028(c)(2).

Note: Preliminary Objections setting forth grounds other than under subdivisions (2),

(3) or (4) of Pa.R.C.P. 1028 must be endorsed with a Notice to Plead or no

response will be required under Pa.R.C.P. 1029(d). See Rule W210 for the form of

the Brief.

(b) The objecting party shall serve a copy of the Brief on every other party or

attorney of record on the same day it is filed. A copy of the Brief, a certificate of

service, together with a copy of any subsequent pleadings filed, shall be mailed or

delivered to the chambers of the judge assigned to the case.

(3) Filing and Service of Brief in opposition to Preliminary Objections

(a) A party to whom Preliminary Objections are directed shall file a Brief in

opposition with the Prothonotary within thirty (30) days of being served with

the objecting party’s Brief.

Note: See Rule W210 for the form of the Brief.

(b) Within three (3) days of filing the Brief in opposition, a party to whom

Preliminary Objections are directed shall serve a copy of the Brief on every other

party or attorney of record, and shall file a certificate of service with the

Prothonotary.

(c) A party to whom the Preliminary Objections are directed shall deliver or mail a

copy of the Brief, along with a copy of the certificate of service, to the chambers

of the judge assigned to the case on the same day the certificate of service is filed.

(4) Oral argument

Oral argument will only be scheduled upon the presentation of a motion in accordance

with the motions procedure in Rule W208.3(a).

(5) Sanctions

(a) Failure of the objecting party to comply with the requirements of this rule shall

result in the dismissal of the Preliminary Objections.

(b) If a party to whom the Preliminary Objections are directed fails to comply with

the requirements of this rule, that party shall not be permitted to present any

oral argument.

Note: A party filing an amended complaint pursuant to Pa.R.C.P. 1028(c)(1) shall

promptly notify the judge assigned to the case.

Rule W1028(c) shall not apply to family law actions governed by Pa.R.C.P. 1901

through 1940.9 or actions pursuant to the Eminent Domain Code of 1964.

Adopted May 10, 2004, effective July 26, 2004.

Note: Rule W1034 was rescinded effective March 27, 1995.

RULE W1034(a) MOTION FOR JUDGMENT ON THE PLEADINGS

(1) Requirements for Filing and Service of a Motion for Judgment on the Pleadings and

Supporting Brief at the Office of the Prothonotary

(a) The original Motion for Judgment on the Pleadings shall be filed with or mailed

to the Prothonotary. A supporting Brief is required to be filed with a Motion for

Judgment on the Pleadings.

Note: See Rule W210 for the form of the Brief.

(b) A copy of the Motion for Judgment on the Pleadings and a copy of the

supporting Brief required shall, at the time the Motion is filed or mailed, be

presented or mailed to the chambers of the judge assigned to the case by the

party filing the Motion. The judge assigned to the case shall prepare a Scheduling

Order for oral argument, direct the filing of the original Order, and give or mail a

copy of that Order to the moving party.

(c) Within three (3) days of receipt of the Scheduling Order from the judge assigned

to the case, the moving party shall serve copies of the Motion for Judgment on

the Pleadings, the Scheduling Order and the Brief on every other party or

attorney of record.

(d) The moving party shall file with the Prothonotary a certificate of service of the

Motion, the Scheduling Order and the Brief. A copy of the certificate of service

shall be mailed or delivered to the judge assigned to the case.

(2) Filing and Service requirements for Briefs in opposition to the Motion for Judgment on

the Pleadings

(a) A party to whom a Motion for Judgment on the Pleadings is directed shall file a

Brief in opposition with the Prothonotary within thirty (30) days of service of

the moving party's Motion and Brief.

Note: See Rule W210 for the form of the Brief.

(b) Within three (3) days of filing the Brief, the party to whom the Motion is

directed shall serve a copy of the Brief on every other party or attorney of record,

and shall file a certificate of service with the Prothonotary.

(c) The party to whom the Motion is directed shall deliver or mail a copy of the

Brief, along with a copy of the certificate of service, to the chambers of the judge

assigned to the case on the same day the certificate of service is filed.

(3) Sanctions

(a) Failure of the moving party to comply with the requirements of this rule shall

result in the dismissal of the Motion for Judgment on the Pleadings.

(b) If a non-moving party fails to comply with the requirements of this rule, that

party shall not be permitted to present any oral argument.

Adopted May 10, 2004, effective July 26, 2004.

Note: Rule W1035 was rescinded effective July 26, 2004.

RULE W1035.2(a) MOTION FOR SUMMARY JUDGMENT

(1) Requirements for Filing and Service of a Motion for Summary Judgment and Supporting

Brief at the Office of the Prothonotary

(a) A party intending to file a Motion for Summary Judgment should note the

requirements of Pa.R.C.P. 1035.2 that the Motion must be made after completion

of discovery relevant to the motion, including the production of expert reports,

as well as after the relevant pleadings are closed. See the Explanatory Comment

to Pa.R.C.P. 1035.2.

(b) A supporting Brief is required to be filed with a Motion for Summary Judgment.

Note: See Rule W210 for the form of the Brief.

(c) A copy of the Motion for Summary Judgment and a copy of the supporting Brief

required, shall, at the time the Motion is filed or mailed, be presented or mailed

to the chambers of the judge assigned to the case by the party intending to file

the Motion. The judge assigned to the case shall prepare a Scheduling Order for

oral argument, file the original Order, and give or mail a copy of that Order to the

moving party.

(d) Within three (3) days of receipt of the Scheduling Order from the judge assigned

to the case, the moving party shall serve copies of the Motion for Summary

Judgment, the Scheduling Order and the Brief on every other party or attorney of

record.

(e) The moving party shall file with the Prothonotary a certificate of service of the

Motion, Brief and Scheduling Order. A copy of the certificate of service shall be

mailed or delivered to the judge assigned to the case.

(2) Filing and Service requirements for Briefs in opposition to the Motion for Summary

Judgment

(a) Within thirty (30) days of service of the moving party’s Motion and Brief, a party

to whom a Motion for Summary Judgment is directed shall file a Brief in

opposition, unless that party has requested and obtained an Order of court

granting leave to supplement the record pursuant to Pa.R.C.P. 1035.3, in which

event the court shall set a briefing schedule. If an Order granting such leave is

not obtained, there shall be no extension of the thirty (30) day period for filing

the Brief or continuance of the argument to allow supplementation of the record.

Note: See Rule W210 for the form of the Brief.

(b) Within three (3) days of filing the Brief, a party to whom the Motion is directed

shall serve a copy of the Brief on every other party or attorney of record and shall

file a certificate of service with the Prothonotary.

(c) A party to whom the Motion is directed shall deliver or mail a copy of the Brief,

the required, specific response filed by that party pursuant to Pa.R.C.P. 1035.3,

and a copy of the certificate of service, to the chambers of the judge assigned to

the case on the same day the certificate of service is filed.

(3) Sanctions

(a) Failure of the moving party to comply with the requirements of this rule shall

result in the dismissal of the Motion.

(b) If a non-moving party shall fail to comply with the requirements of this rule, that

party shall not be permitted to present any oral argument.

Adopted May 10, 2004, effective July 26, 2004.

Note: Rule W1047 was rescinded effective July 26, 2004.

RULE W1041.1 ASBESTOS LITIGATION. SPECIAL PROVISIONS.

(1) Assignments. Upon the filing of a case in asbestos, the Prothonotary shall assign the case

to one of the civil court judges, who will preside over all proceedings relating to the case,

including, but not limited to, discovery motions, argument court and trial.

(2) Captions. All pleadings, motions, briefs, memoranda and proposed orders shall include a

caption conforming to Westmoreland County Rule of Civil Procedure W1018(d).

(3) Case Management Orders. In all asbestos cases, the course of the litigation shall be

governed by the terms of a case management order (CMO).

(a) Any party may, by motion, present a CMO to the Court for approval within sixty

(60) days of the filing of the complaint. The proposed CMO shall set forth the

actual dates on which each stage of the litigation must be completed.

(b) If no CMO is approved by the Court and filed of record at the expiration of sixty

(60) days from the filing of the complaint, the Court will enter the following

CMO:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

CIVIL ACTION – ASBESTOS

__________

Plaintiff(s) )

vs. ) No. _____ of 2_____

Defendants )

CASE MANAGEMENT ORDER NO. _____

AND NOW, this _____ day of _______________, 200___, it is hereby ORDERED that:

1. This Case Management Order (CMO) is entered and is applicable to the above-captioned case pending in the Court of Common Pleas of Westmoreland County,

Pennsylvania.

2. Plaintiff’s Answers to Standard Short Form Interrogatories shall be served on all

defense counsel within eight (8) months of the date of filing of the above action,

specifically on _______________ _____, 200__.

3. Discovery shall be completed within eighteen (18) months of the date of filing of

the above action, i.e., on _______________ _____, 200__.

4. All Motions for Summary Judgment shall be filed within twenty (20) months of

the date of filing of the above action, i.e., on _______________ _____, 200__, in

accordance with Westmoreland County Rule of Civil Procedure W1035.2(a)(1).

5. Plaintiff’s Responses to Motions for Summary Judgment shall be filed within

twenty-one (21) months of the date of filing of the above action, i.e., on

_______________ _____, 200__, in accordance with Rule W1035.2(a)(2).

6. Plaintiff may thereafter file a Certification of Readiness for Trial pursuant to

Rule W212.1.

7. Pursuant to Rule W212.1(c), upon the Court’s receipt of the Certification of

Readiness for Trial, the Court shall issue an Order addressing the deadlines for

filing Pre-Trial Statements and Case-Specific Expert Reports, the date of the

Pre-Trial Conference, and such other matters as may aid in the disposition of the

case.

8. Following entry of such Order, the case shall proceed in accordance with Rule

W212.3.

9. This Case Management Order may be modified by agreement of all parties

(subject to Court approval) or by Court approval upon motion of any party for

good cause shown.

BY THE COURT:

______________________________

ASSIGNED JUDGE

(4) Selection of Lead Defense Counsel.

(a) Within sixty (60) days of the filing of the complaint, defendants shall select one

of their number to act as lead counsel for all defendants. Lead defense counsel

shall notify the Court in writing of their selection to act as lead defense counsel

within sixty (60) days of the filing of the complaint.

(b) In the event lead defense counsel ceases to act in that capacity, for any reason,

during the course of litigation, the defendants shall select replacement lead

counsel within thirty (30) days. Replacement lead defense counsel shall notify

the court in writing of their selection to act as replacement lead defense counsel

within thirty (30) days.

(5) Filing of All Orders of Court. It is the responsibility of the moving party to file all original

Orders in the Office of the Prothonotary unless a moving party receives notice from the

Court that the Court has filed an original Order.

(6) Service of All Orders of Court. It is the responsibility of the moving party to serve copies

of all Orders upon all counsel of record in each case. If the Court serves copies of any

Order, such service shall be made to counsel for the moving party, counsel for the

plaintiff(s) and lead counsel for the defendants.

Note: Motions procedure is governed by Westmoreland County Rules of Civil Procedure

W208.2(e) and W208.3(a).

Note: Argument court matters, such as preliminary objections, judgment on the pleadings,

motions for summary judgment and motions for post-trial relief, are governed by

Westmoreland County Rules of Civil Procedure W1028(c), W1034(a), W1035.2(a) and

W227.1, respectively.

Adopted November 14, 2005, effective January 2, 2006.

RULE W1270 SPECIAL PROCEDURES RELATING TO BOARD OF VIEW

PETITIONS

All Petitions for the Appointment of a Board of View shall adhere to the following:

(a) A designated judge shall hear all Petitions for the Appointment of Boards of View,

whether or not a judge has been previously assigned to the case.

(b) Any counsel who has entered an appearance for any condemnee shall be given four (4)

days’ advance notice of the date and time of submission of the Petition to the designated

judge.

(c) Upon filing of the Petition with Order Appointing Viewers attached, a new case number

shall be assigned in the event that either the petition with order attached represents the

initial filing in the proceeding or the Declaration of Taking initiating the proceeding

condemned multiple properties.

(d) It is intended that the same Board of View shall be appointed for all cases involving

multiple properties in the same project (whether or not more than one Declaration of

Taking has been filed) if the assessment of special benefits is applicable to the project.

(e) After appointment of the Board of View, the original and one copy of the petition with

order attached shall be filed with the prothonotary, who shall forward the copy to the

chairperson of the Board of View appointed.

Adopted February 9, 1995, effective March 27, 1995. Renumbered from W270 August 31, 2000,

effective October 23, 2000.

RULE W1272 APPEALS OF PROCEEDINGS UNDER THE EMINENT DOMAIN

CODE

Upon the filing of an appeal to the Court under 26 Pa.C.S.A. §517 where there are

objections raised by the appeal other than to the amount of the award, the court upon motion of

any party shall set a date for a hearing, briefing schedule, and a date for oral argument for

preliminary disposition of the appeal in accordance with 26 Pa.C.S.A. §518. This provision shall

pertain to all proceedings under the Eminent Domain Code and to proceedings in which the

procedure provided under the Eminent Domain Code applies.

Rescinded August 24, 2011; New Rule W1272 adopted August 24, 2011, effective October 10, 2011.

RULE W1274 LAND USE APPEALS

(a) Upon the filing of a land use appeal, the Prothonotary shall send to the governing body,

zoning hearing board or agency whose decision has been appealed, by registered or

certified mail, the copy of the land use appeal notice, together with a writ of certiorari

commanding said governing body, zoning hearing board, or agency, within twenty (20)

days after receipt thereof, to certify to the court its entire record in the matter in which

the land use appeal has been taken or a true and complete copy thereof, including but not

limited to:

(1) transcripts of all testimony received at the hearing;

(2) all exhibits received at the hearing;

(3) the finding of fact and conclusions of law;

(4) notice of the decision.

(b) In addition to the foregoing, the solicitor of the governing body, zoning hearing board, or

agency whose decision has been appealed shall provide the court with a certified copy of

the zoning or land development ordinance pertaining to the appeal.

(c) Upon filing of the complete record, the solicitor of the governing body, zoning hearing

board or agency whose decision has been appealed shall provide a written notice to the

assigned judge, the parties or the counsel for the parties, and shall file a certificate with

the prothonotary that the complete record had been filed.

(d) Since in most cases the court will decide the appeal on the existing record, any party

after the record has been filed may present to the assigned judge, with notice to all other

parties, a proposed order setting a briefing schedule and a date for oral argument.

Adopted August 31, 2000, effective October 23, 2000.

COMPULSORY ARBITRATION

RULE W1301 CASES FOR SUBMISSION TO ARBITRATION

(a) All civil cases including Landlord/Tenant and Replevin actions wherein the amount in

controversy at issue (exclusive of interest and costs) is $50,000 or less, shall be heard and

decided by a board of arbitration consisting of three members of the bar. Cases involving title to

real estate or actions in equity are excluded from arbitration.

(b) The Prothonotary shall, at the time the complaint is filed, assign a trial judge.

(c) Complaint

1) Every complaint filed in Compulsory Arbitration, whether filed by a plaintiff against a

defendant or by a defendant against an additional defendant, shall contain, in addition to

the Notice to Defend required by Pa.R.Civ.P. 1018.1, a Notice of Duty to Appear at

Arbitration Hearing immediately following the Notice to Defend which shall be in the

form provided in Westmoreland County Rule of Civil Procedure 1303(b).

(d) The court, on its own motion or on motion of either party, may by depositions, settlement

conference, hearing or otherwise, determine that the amount actually in controversy does not

exceed $50,000 (exclusive of interest and costs) and enter an order referring the case to

arbitration.

Note: See W1312 for form, amount, and subject matter of awards.

Rescinded June 16, 2025; New Rule W1301 adopted June 16, 2025, effective August 18, 2025.

RULE W1301.1 DISCOVERY IN ARBITRATION PROCEEDINGS

(a) A party to compulsory arbitration proceedings shall be limited, prior to the arbitration

hearing, to the discovery hereinafter set forth, unless additional discovery is deemed

necessary by counsel and is permitted by the court upon cause shown.

(b) Depositions may be taken only in the following instances:

(1) Where the party or person to be examined is

(i) aged or infirm, or

(ii) about to leave this county for a place outside the Commonwealth or a

place more than one hundred miles from the Westmoreland County

Courthouse, or

(2) Upon other good cause shown.

(c) Discovery must be completed no later than 10 days prior to the arbitration hearing.

Failure to complete discovery within this period shall be deemed a waiver of discovery

prior to the hearing. Responses shall be made within the periods prescribed by the

Pennsylvania Rules of Civil Procedure.

(d) Discovery to any party shall be limited to the following, applicable fourteen

interrogatories and requests for production of documents.

Discovery Directed To Any Party

TO THE [PLAINTIFF (s) ____________________]

[DEFENDANT (s) ____________________]

[ADDITIONAL DEFENDANT (s)] ____________________:

(1) State your full name and address.

(2) State the full names, present addresses and telephone numbers of witnesses to

the incident described in the complaint and the names, present addresses and

telephone numbers of witnesses who will be called to testify at the hearing.

(3) It is requested that you produce any written statements, not subject to the

attorney-client privilege, signed, adopted or approved by any witness; a written

summary of any other statements (including oral statements), and identify any

witness who has given a stenographic, mechanical, electrical or other recording

that has not yet been transcribed.

(4) It is requested that you produce all photographs, maps, drawings, diagrams, or

other demonstrative evidence that may be introduced at the hearing or that may

otherwise pertain to the lawsuit.

(5) If this action arises from an accident involving your operation of a motor vehicle,

state whether you were in any way impaired in the operation of the vehicle and

produce a copy of your driver’s license and the police accident report.

Discovery Directed To A Party-Defendant

(6) State whether there is any insurance covering any defendant for the incident or

matter described in the complaint. If so, list the name of each company providing

coverage, together with the amount of coverage provided, and produce a copy of

each declaration page.

Discovery Directed To A Party-Plaintiff Claiming Personal Injuries

(7) Produce all medical documents, including hospital records, treating physician

and chiropractic records, or authorizations concerning your injuries.