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MONTGOMERY COUNTY

Amendment of Local Rules of Civil Procedure 206.4(c), 208.3(b), 1028(c), 1034(a) and 1035.2(a); No. 2015-00001

[45 Pa.B. 7296]
[Saturday, December 26, 2015]

Order

And Now, this 9th day of December, 2015, the Court hereby Amends Montgomery County Local Rules of Civil Procedure 206.4(c), 208.3(b), 1028(c), 1034(a), and 1035.2(a). These Amended Local Rules shall become effective upon publication on the UJS Web Portal at http://ujsportal.pacourts.us.

 The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.C.P. 239 and 239.8, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and one (1) certified copy shall be filed with the Civil Procedural Rules Committee. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court.

By the Court

WILLIAM J. FURBER, Jr., 
President Judge

Rule 206.4(c). Issuance of a Rule to Show Cause.

 (1) * * *

 (2) Disposition. Forty-five (45) days from the filing of the petition, the matter shall be referred to a Judge for disposition. If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of the petition. If oral argument was requested by either party on their respective cover sheets, the matter may be scheduled for argument. If discovery or oral argument were not requested by either party, the Judge may direct the scheduling of discovery or oral argument, or may decide the matter upon the filings. If the respondent did not file an answer to the petition within the timeframe outlined in the proposed order, the Court will consider the petition without an answer, and enter an appropriate order in accordance with Rule 206.7(a).

 (3) * * *

Comment: * * *

Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions.

 (1) * * *

 (2) * * *

 (3) * * *

 (4) * * *

 (5) * * *

 (6) * * *

 (7) Disposition. Once briefs, if required, are filed, the matter shall be referred to a Judge for disposition. If oral argument was requested by either party on their respective cover sheets or the argument praecipe, the matter may be scheduled for argument. If oral argument was not requested by either party, the Judge may direct the scheduling of argument, or may simply decide the matter upon the filings.

Comments: * * *

Rule 1028(c). Preliminary Objections.

 (1) * * *

 (2) * * *

 (3) Disposition. Forty-five (45) days from the filing of preliminary objections, the matter shall be referred to a Judge for disposition. If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of preliminary objections. If oral argument was requested by either party on their respective cover sheets, the matter may be scheduled for argument. If discovery or oral argument were not requested by either party, the Judge may direct the scheduling of discovery or oral argument, or may decide the matter upon the filings.

 (4) * * *

Comments: * * *

Rule 1034(a). Motion for Judgment on the Pleadings.

 (1) * * *

 (2) * * *

 (3) Disposition. Forty-five (45) days from the filing of the motion for judgment on the pleadings, the matter shall be referred to a Judge for disposition. If oral argument was requested by either party on their respective cover sheets, the matter may be scheduled for argument. If oral argument was not requested by either party, the Judge may direct the scheduling of oral argument, or may decide the matter upon the filings.

 (4) * * *

Comments: * * *

Rule 1035.2(a). Motion for Summary Judgment.

 (1) * * *

 (2) * * *

 (3) Disposition. Forty-five (45) days from the filing of the motion for summary judgment, the matter shall be referred to a Judge for disposition, unless the underlying case has already been praeciped for trial or ordered on the trial list, in which case the motion will be assigned to the trial judge for disposition. If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of the motion. If oral argument was requested by either party on their respective cover sheets, the matter may be scheduled for argument. If oral argument was not requested by either party, the Judge may direct the scheduling of oral argument, or may decide the matter upon the filings.

 (4) * * *

Comment: * * *

[Pa.B. Doc. No. 15-2276. Filed for public inspection December 24, 2015, 9:00 a.m.]



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