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

CRITICALCivil cases

When an opposition response is filed, the motion must be submitted to and decided by the court under Bucks County Rule of Civil Procedure No. 208.3(b).

When a response is filed in opposition, the motion shall be submitted to and decided by the court pursuant to Bucks County Rule of Civil Procedure No. 208.3(b).

CRITICALCivil cases

If a stay of proceedings is required, the moving party must schedule a conference with the assigned judge, notify opposing counsel and unrepresented parties unless the Court waives notice, and present the stay application at the conference.

(3) If a stay of proceedings is required, the moving party shall schedule a conference with the assigned judge. Unless waived by the court, notice of the conference shall be provided to opposing counsel and any unrepresented parties. The application for stay shall be presented at the conference.

CRITICALCivil cases

(6) Unless oral argument has been requested by the moving party in the praecipe, or by any other party within the 10-day period specified in subsection (2) hereof, the matter shall be disposed of by written order, forthwith or after such further proceedings including oral argument as may be required by the Court. If oral argument has been requested by a party or otherwise required by the Court, the Court may schedule the case for argument either by telephone conference, argument in chambers or in open Court within thirty (30) days of the filing of the praecipe. Disposition of the matter shall then proceed pursuant to the provisions of Bucks County Rule of Civil Procedure *210(a) and (b), the Court fixing the time and order of filing of briefs. Argument before an en banc panel shall be at the sole discretion of the Court.

(6) Unless oral argument has been requested by the moving party in the praecipe, or by any other party within the 10-day period specified in subsection (2) hereof, the matter shall be disposed of by written order, forthwith or after such further proceedings including oral argument as may be required by the Court. If oral argument has been requested by a party or otherwise required by the Court, the Court may schedule the case for argument either by telephone conference, argument in chambers or in open Court within thirty (30) days of the filing of the praecipe. Disposition of the matter shall then proceed pursuant to the provisions of Bucks County Rule of Civil Procedure *210(a) and (b), the Court fixing the time and order of filing of briefs. Argument before an en banc panel shall be at the sole discretion of the Court.

CRITICALCivil cases

Opposing parties must file their briefs within ten days after the praecipe and accompanying documents are filed; the Court may extend the time in its discretion.

Within ten days of the date of filing of the above praecipe and its accompanying documents, every party opposing the application of the moving party shall file a brief or memorandum of law with the clerk of the court, serving copies of same on all other parties. The Court, in its discretion, may extend the time for filing of briefs or memoranda of law.

CRITICALCivil cases

Before filing a discovery motion, the filer must confer or attempt to confer with interested parties, using telephone, letter, and/or email as appropriate.

I, , hereby certify that prior to filing the attached motion, I conferred or attempted to confer with all interested parties to the motion in an attempt to avoid Court intervention. (2) Good faith efforts shall include at minimum an attempt to contact any interested parties by telephone, letter, and/or email, as appropriate.

WARNINGCivil cases

Before moving for disposition under B.C.R.C.P. No. 208.3(b), a record should be made as to any material issues of fact.

A record should be made as to any material issues of fact pursuant to Pa.R.C.P. No. 206.7 and B.C.R.C.P. No. 206.7*(e) before the matter is moved for disposition under B.C.R.C.P. No. 208.3(b).

WARNINGCivil cases

If a party misses the applicable brief-filing deadline, the Court may consider that party to have abandoned its position on the issue.

If any party shall fail to file a brief or memorandum of law on any issue presented for disposition by the judge within the time provided by subsection (b) hereof, or within the time as extended by the Court, the Court, in its discretion, may consider that such party has abandoned his position with respect to such issue for disposition.

INFOCivil cases

After a responsive pleading raises disputed material facts, any party may file a motion for a hearing to determine those issues.

If a responsive pleading is filed which raises disputed issues of material fact, any party may, thereafter, file a motion for hearing to determine the disputed factual issues.

CRITICALCivil cases

Before filing a discovery motion based on a party’s failure to meet discovery obligations, counsel or an unrepresented party must make good-faith efforts to confer with interested parties.

(1) Any motion filed in a Civil or Family Court action based on a party’s failure to fulfill obligations in discovery shall have attached thereto an affidavit taken by the filing counsel or unrepresented party that: (a) certifies that filing counsel or unrepresented party has made “good faith efforts,” i.e., conferred or attempted to confer with all interested parties, in order to resolve the discovery dispute without Court action; and (b) alleges with specificity the date and manner in which such good faith efforts were made. I, , hereby certify that prior to filing the attached motion, I conferred or attempted to confer with all interested parties to the motion in an attempt to avoid Court intervention.