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Court Rules

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

11 rules from official source documents

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

CRITICALCivil cases

Counsel must confer and discuss discovery matters and make a good-faith effort to resolve their differences.

All counsel have an affirmative obligation to confer and discuss discovery matters and make a good faith effort to resolve such differences as may exist.

CRITICAL

Pre-trial motions are scheduled by the Court Administrator for hearing on the Miscellaneous List unless the court defers them to a hearing immediately before trial.

All pre-trial motions shall be scheduled by the Court Administrator for hearing on the Miscellaneous List, unless deferred by the court for hearing immediately prior to trial.

WARNING

Attorneys and unrepresented parties must make a good-faith effort to consider mediation before litigating a non-emergency matter.

All attorneys representing parties in Orphans’ Court, and all unrepresented parties, are required hereby to make a good faith effort to consider utilizing the Mediation Program, or mediation through another program/person, before litigating any non-emergency matter in Court.

WARNING

If both parties file exceptions, each is treated as an excepting party for the briefing schedule.

In the event that both parties file exceptions, each party shall be treated as an excepting party for the purposes of the briefing schedule as set forth above.

WARNINGCivil cases

For certification noncompliance, the court may strike, dismiss, or deny a discovery motion or petition; it may also grant relief based solely on an opposing counsel's unreasonable refusal to confer despite the moving party's reasonable, good-faith efforts.

The court at its discretion may strike, dismiss or deny the petition or motion for failure of the moving party to comply with the certification requirements of this rule, or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of the moving party to comply with the certification requirements of this rule or may grant relief based solely upon the unreasonable refusal of opposing counsel to confer despite reasonable and good faith efforts of moving counsel to arrange such conference.

WARNING

A party that fails to file a brief on time will not be heard at oral argument unless the court permits it.

If either party fails to file a brief within the time prescribed by these rules, or within the time as extended, he the non-filing party will not be heard at oral argument except by permission of the court.

WARNING

When both parties file exceptions, each is subject to the briefing schedule applicable to an excepting party.

(iii) In the event both parties file exceptions, each party shall be treated as an excepting party for the purposes of the briefing schedule as set forth above.

INFO

Before proceedings begin, counsel should make one final effort to discuss an agreed disposition with opposing counsel.

Prior to the initiation of the proceedings, counsel should make one last effort to discuss an agreed disposition with the opposing counsel.

INFO

If an objection is filed, either party may request that it be listed for argument.

If an objection is filed, either party may request that the objection(s) be listed for argument.

INFO

If an expedited hearing is requested, the assigned judge may order an accelerated listing.

Where an expedited hearing is requested, the assigned judge may order an accelerated listing.

INFO

For anticipated complex or lengthy litigation, the Court may order the parties to use the Mediation Program.

For anticipated complex or lengthy litigation, the Court may order the parties to use the Mediation Program.

Common questions about Court of Common Pleas of Chester County, Pennsylvania pre-motion conference requirements

Does Court of Common Pleas of Chester County, Pennsylvania require a pre-motion conference or letter before filing a motion?

Counsel must confer and discuss discovery matters and make a good-faith effort to resolve their differences.

View ruleOfficial source Source: page 7, section Rule 208.2(e). Discovery Motion and Petition Certification

10 more rules answer this question.