Court of Common Pleas of Berks County, Pennsylvania Pre-Motion Conference Requirements

CRITICALCivil cases

Counsel must meet before the status conference or argument to narrow factual and legal issues, and may settle at that meeting and the status conference.

Counsel are directed to meet prior to the conference/argument to reduce fact questions and legal issues to a minimum; and further, shall be authorized to settle at said meeting and status conference.

CRITICALCivil cases

When an opposition is timely filed, the parties must appear at the scheduled hearing to present evidence and argue before the Discovery Master.

If an opposition is timely filed, the parties shall appear in the designated courtroom or hearing room on the date and time for the scheduled hearing to provide evidence and argue the matter before the assigned Discovery Master.

WARNINGCivil cases

Discovery applications and protective orders are not scheduled for regular argument or subject to the B.R.C.P. 211.2 briefing schedule unless the court orders otherwise.

Legal issues relating to discovery applications and protective orders shall not be scheduled for regular argument court or be subject to the briefing schedule provided for in B.R.C.P. 211.2, unless the court specifically so orders.

WARNINGCivil cases

Applications for oral-deposition protective or sanction orders may be made without adjourning the deposition to the assigned judge or, if absent, the emergency motions judge; parties who wish to be heard present oral argument without briefs.

Applications for protective orders pertaining to oral depositions pursuant to Pa. R.C.P. 4012(b), or applications for sanction orders pertaining to oral depositions under Pa. R.C.P. 4019(b) may be made without adjournment of the deposition by application to the judge assigned to the case or in his or her absence, to the emergency motions judge. Oral arguments shall be presented by the parties desiring to be heard, without the filing of briefs. The judge shall rule upon the application after such oral argument, and the ruling of the court shall be transcribed as part of the record of the deposition.

WARNINGCivil cases

If no timely opposition is filed, the application is deemed unopposed, the moving party need not appear, and the Discovery Master submits a recommendation and proposed order.

If no opposition is timely filed, the discovery application shall be deemed to be unopposed, the moving party shall be excused from appearing at the scheduled hearing, and the Discovery master shall submit a written recommendation and proposed order granting the requested relief to the assigned judge for entry of an appropriate order.

INFOCivil cases

Any party may apply to have the case scheduled for a Discovery Management Conference before a Discovery Master.

Any party may file an application under this rule to have the case scheduled to a Discovery Management Conference before a Discovery Master.

INFOCivil cases

After argument on a second set of preliminary objections, the Court may immediately consider the first set or schedule its argument after ruling on the second set.

If the Court overrules the second set of preliminary objections or does not make a decision on the second set of preliminary objections, the Court may proceed with the consideration and disposition of the first set of preliminary objections in accordance with paragraphs (5) through (7) above immediately after the conclusion of argument on the second set of preliminary objections, or may schedule oral argument on the first set of preliminary objections for a date and time after it has ruled on the second set of preliminary objections.

INFOCivil cases

The court may grant or deny objections at any time when the requested relief is appropriate on the face of the objections.

(b) The court may grant or deny objections at any time if it finds such relief is appropriate upon the face of the objections.