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

CRITICALCivil cases

The Court prefers to decide specified motions on briefs, but counsel may request oral argument when a brief is insufficient by submitting a written, reasoned request to Court Administration; the judge decides whether to schedule argument, and the Court may schedule it on its own initiative.

It is the preference of the Court to decide specified motions on briefs. Counsel may request oral argument in situations where a brief is insufficient to properly set forth the argument. The request for oral argument must be made in writing within ten (10) days of filing the motion, and submitted to Court Administration, with a statement setting forth the reasons for the necessity of oral argument. Court Administration shall refer the matter to the assigned judge. - (a) It shall be at the discretion of that judge whether argument will be scheduled. - (b) The Court may sua sponte schedule oral argument as it deems necessary.

CRITICALCivil cases

Briefs must follow the schedule ordered after an evidentiary hearing, or the schedule provided in the order issuing the rule if no evidentiary hearing is held.

- (5) Briefs addressing whether a rule to show cause should issue shall be filed according to the briefing schedule ordered by the presiding judge at the conclusion of the evidentiary hearing. If the Court declines to hold an evidentiary hearing, the Court shall provide a briefing schedule in the order issuing the rule.

CRITICALCriminal cases

Commonwealth and defense counsel must confer as soon as practicable before the preliminary hearing to determine whether the defendant is willing to waive it.

Counsel for the Commonwealth and the defendant shall confer as soon as practicable prior to the preliminary hearing to determine the defendant is willing to waive the preliminary hearing.

CRITICALCivil cases

The Court initially considers covered motions without written responses or briefs and may grant relief only if the motion is uncontested or the parties have an opportunity for argument; it may deny a defective, untimely, or inadequately supported motion without argument.

The Court shall initially consider a motion without written responses or briefs. For a motion governed by this subdivision, the Court may not enter an order that grants relief to the moving party unless the motion is presented as uncontested or the parties to the proceeding are given an opportunity for argument. - (a) This rule does not prevent the Court from denying the moving party's request for relief without the opportunity for an argument where the motion is procedurally defective, untimely filed, or fails to set forth adequate grounds for relief.

CRITICALCivil cases

The Court prefers to decide specified motions on briefs; counsel may request oral argument in writing within ten days of filing the motion, and approved requests trigger deadlines for the moving, response, and reply briefs.

(1) It is the preference of the Court to decide specified motions on briefs. Counsel may request oral argument in situations where a brief is insufficient to properly set forth the argument. The request for oral argument must be made in writing within ten (10) days of filing the motion, and submitted to Court Administration, with a statement setting forth the reasons for the necessity of oral argument. Court Administration shall refer the matter to the assigned judge. (a) It shall be at the discretion of that judge whether argument will be scheduled. (b) The Court may sua sponte schedule oral argument as it deems necessary. (c) If the request for oral argument is approved, the moving party shall file a brief within twenty (20) days. (d) All response briefs must be filed no later than twenty (20) days of receipt of the moving party’s brief. Reply briefs shall then be filed within ten (10) days of receipt of the moving party’s brief. (e) Service shall be made in conformity with Pa. R. Civ. P. 440. (f) If response briefs are not timely filed the Court may dispose of the motion without such response brief and/or a monetary sanction may be imposed by the Court.

CRITICALCivil cases

The moving party must resolve outstanding motions and pre-arbitration issues before the hearing begins, or those issues are deemed waived.

(4) Outstanding Motions- It shall be the responsibility of the moving party to resolve any outstanding motions or pre-arbitration issues before the commencement of the hearing. Otherwise, any such issues shall be deemed waived.

CRITICALCivil cases

Motions not specified in B.C.L.R. 1028(c), 1034(a), or 1035.2(a) are governed by a twenty-day briefing schedule unless the Court specifies otherwise.

Any motion not specified in B.C.L.R. 1028(c), 1034(a), or 1035.2(a) shall be governed by a twenty (20) day briefing schedule unless otherwise specified by the Court. See B.C.L.R 208.

CRITICALCivil cases

If oral argument is approved, the moving party must file a brief within twenty days; response briefs are due within twenty days of receipt of that brief, and reply briefs within ten days of its receipt.

If the request for oral argument is approved, the moving party shall file a brief within twenty (20) days. - (d) All response briefs must be filed no later than twenty (20) days of receipt of the moving party's brief. Reply briefs shall then be filed within ten (10) days of receipt of the moving party's brief.

CRITICALCivil cases

Motions not specified in the listed local rules follow a 20-day briefing schedule unless the Court specifies otherwise.

Any motion not specified in B.C.L.R. 1028(c), 1034(a), or 1035.2(a) shall be governed by a twenty (20) day briefing schedule unless otherwise specified by the Court. See B.C.L.R 208.

CRITICALCivil cases

Briefs must follow the schedule set by the judge at the end of an evidentiary hearing, or the schedule provided in the order issuing the rule if no evidentiary hearing is held.

Briefs addressing whether a rule to show cause should issue shall be filed according to the briefing schedule ordered by the presiding judge at the conclusion of the evidentiary hearing. If the Court declines to hold an evidentiary hearing, the Court shall provide a briefing schedule in the order issuing the rule.

WARNINGCivil cases

A date-certain argument or hearing must be scheduled before the assigned judge after the answer deadline, unless the presiding judge decides the matter on briefs alone.

- (4) Argument/hearing shall be scheduled in front of the judge to whom the case is assigned for a date certain after the deadline for filing the answer. It is within the discretion of the presiding judge to determine whether the matter can be decided on briefs alone.

WARNINGCivil cases

The Court initially considers a motion without written responses or briefs and may grant relief only if the motion is uncontested or the parties have an opportunity for argument, but may deny a procedurally defective, untimely, or inadequately supported motion without argument.

The Court shall initially consider a motion without written responses or briefs. For a motion governed by this subdivision, the Court may not enter an order that grants relief to the moving party unless the motion is presented as uncontested or the parties to the proceeding are given an opportunity for argument. (a) This rule does not prevent the Court from denying the moving party’s request for relief without the opportunity for an argument where the motion is procedurally defective, untimely filed, or fails to set forth adequate grounds for relief.