Westmoreland Cnty. C.P. Orphans' Rules RULE WO 7.3

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

(1) A party intending to file a motion for summary judgment should note the requirements of Pa.R.C.P. No. 1035.2 (referenced in Pa. O.C. Rule 7.3) 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 comments to Pa.R.C.P. No. 1035.2

(2) A supporting brief is required to be filed with a motion for summary judgment.

(3) A copy of the motion for summary judgment 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 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.

(4) 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 interested party or attorney of record.

(5) The moving party shall file with the Clerk of the Orphans' Court 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.

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

(1) 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. No. 1035.3 (incorporated into Pa.O.C. Rule No. 7.3 by reference), 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.

(2) 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 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 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. No. 1035.3 (incorporated into Pa.O.C. Rule 7.3 by reference) 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.

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