Court Rules

Erie County Court of Common Pleas, General Division Pre-Motion Conference Requirements

3 rules from official source documents

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Pre-motion conference and letter requirements before filing motions, including sequential steps.

CRITICAL

Opposing counsel must file a memorandum contra or request oral argument within 14 days after the motion is filed; otherwise the motion is submitted on the moving party’s memorandum alone, and a reply memorandum may be filed within 7 days after the memorandum contra.

Opposing couns'el will file a memorandum contra or request oral argument within fourteen ( 14) day's of the filing of the motion or it will be assumed that the motion is to be submitted-on the moving party's memorandum only. A reply memorandum may be filed within seven (7) days of the filing of the memorandum contra.

WARNING

A request for oral argument must be noted on the motion when filed; failing to request it waives oral argument, and the Court may grant or deny a request.

If oral argument is requested, such will be noted on the motion at the time of filing. Failure to make such request will be considered a waiver_ of.oral argument. _The Court, in its discretion, may. grant or deny a request for oral argument.

WARNING

After the last brief deadline, the case is submitted on the briefs unless oral argument is requested in writing and granted by the Judge or required by law.

upon expirat'idn of the time for filing of the last brief as set ·forth in 5.01,.the case will be considered submitted upon the briefs u.11less oral argument is requested in writing and granted by the Judge, or is required.by law.

Common questions about Erie County Court of Common Pleas, General Division pre-motion conference requirements

Does Erie County Court of Common Pleas, General Division require a pre-motion conference or letter before filing a motion?

Erie County Court of Common Pleas, General Division rules set a pre-motion procedure for covered motions. Opposing counsel must file a memorandum contra or request oral argument within 14 days after the motion is filed; otherwise the motion is submitted on the moving party’s memorandum alone, and a reply memorandum may be filed within 7 days after the memorandum contra.

View ruleOfficial source Source: page 11, section 4.01 Memoranda and Oral Arguments

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