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PA · rules

Westmoreland Cnty. C.P. Local Rules of Court RULE WO 3.9

PRELIMINARY OBJECTIONS - BRIEFS

activein force · 2017-05-29 – presentact-effective-date

(a) Filing and service of brief in support of preliminary objections.

(1) A respondent who files preliminary objections shall file a brief with

the Clerk of the Orphans' Court within thirty (30) days of filing the

pleading if the preliminary objections only set forth grounds under

subparagraphs (2), (3) or (4) of Pa. O.C. Rule 3.9(b). Parties filing

preliminary objections raising any ground other than under

subparagraphs (2), (3) or (4) of Pa. O.C. Rule 3.9(b) 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 Pa. O.C. Rule

3.9(d)(2).

(2) A respondent who files preliminary objections shall serve a copy of

the brief on every interested 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.

(b) Filing and service of brief in opposition to preliminary objections

(1) A party to whom preliminary objections are directed shall file a brief

in opposition with the Clerk of the Orphans' Court within thirty (30)

days of being served with the respondent's brief.

(2) 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 interested party or attorney of record, and shall file a

certificate of service with the Clerk of the Orphans' Court.

(3) 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 is filed.

(c) Oral argument

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

accordance with the motions procedure in Rule WO7.5.

Adopted April 6, 2017, Effective May 29, 2017.

Provenance

Source
www.westmorelandcountypa.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
e969ba292f3b4fb385cce62f2753f599c9b671c9c516d31bb1a9c842f93ad904
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