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PA · rules

Westmoreland Cnty. C.P. Orphans' Rules RULE WO 7.2

MOTION FOR JUDGMENT ON THE PLEADINGS

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

(a) Requirements for filing and service of a motion for judgment on the pleadings and supporting brief at the office of the Clerk of the Orphans' Court.

(1) The original motion for judgment on the pleadings shall be filed with the Clerk of the Orphans' Court. A supporting brief is required to be filed with a motion for judgment on the pleadings.

(2) 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, 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.

(3) 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 interested party or attorney of record.

(4) The moving party shall file with the Clerk of the Orphans' Court a certificate of service of the motion, scheduling order and the brief. A copy of the certificate of service shall be mailed or delivered to the judge assigned to the case.

(b) Filing and service requirements for briefs in opposition to the motion for judgment on the pleadings.

(1) A party to whom a motion for judgment on the pleadings is directed shall file a brief in opposition with the Clerk of the Orphans' Court within thirty (30) days of service of the moving party's motion and brief.

(2) 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 interested party or attorney of record, and shall file a certificate of service with the Clerk of the Orphans' Court.

(3) 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.

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

Provenance

Source
www.westmorelandcountypa.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
9c40d291416e22a93475eefe309b35116a1aa1d43a84eea915abcbb4f07f3c69
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