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

CRITICALCivil cases

For a motion for judgment on the pleadings or summary judgment, the moving party must praecipe the matter for argument when filing the motion.

If the matter submitted, however, is a motion for judgment on the pleadings or a motion for summary judgment, the moving party must praecipe the matter for argument simultaneously with filing the motion.

CRITICALCivil cases

For a summary-judgment motion, the adverse party must respond within 30 days, and its brief cannot be due earlier than 30 days after the motion is filed so the response and brief may be filed together.

For the procedure to be followed with respect to the filing of Motions for Summary Judgment see Local Rule L208.3(b)(3). However, in accordance with Pa.R.C.P.1035.3, the adverse party must file a response within thirty days of the filing of the Motion For Summary Judgment, thus any brief to be filed by the adverse party shall not be due before thirty days following the filing of the Motion For Summary Judgment so that the response and brief may be filed simultaneously.

CRITICALCivil cases

The moving party's brief is due with its praecipe or, if it filed no praecipe, within 20 days after a responding party files one; reply briefs are due 20 days after the moving brief, subject to the stated transcript deadlines.

i. Moving Party's Brief If the moving party files a praecipe for argument, it shall file a brief simultaneously with the filing of the praecipe. If the moving party has not filed a praecipe for argument, the brief of the moving party shall be due twenty (20) days after any of the responding parties have filed a praecipe for argument. ii. Responding Party's Briefs A responding party's reply brief shall be due twenty (20) days after the filing of the moving party's brief. iii. Transcripts If a transcript has been demanded in the praecipe for argument, the moving party's brief will not be due until twenty (20) days after the requested transcript has been filed. If the transcript has been requested by a responding party, the responding parties will have at least twenty (20) days after the filing of the transcript to file a reply brief even in the event that the moving party files its brief sooner than twenty days after the filing of the transcript.

WARNINGCivil cases

Issues submitted for argument are decided on briefs without oral argument unless the filer requests oral argument when filing the praecipe.

All issues raised for disposition by argument shall be considered and disposed of by the court on briefs without oral argument, unless at the time of filing the praecipe above provided, party or counsel filing the same shall request oral argument.

WARNINGCivil cases

A party that fails to file a brief on schedule may be denied oral argument, in addition to other possible sanctions.

ii. If either party fails to file a brief in accordance with the time schedule set forth above, that party may be denied oral argument. (This sanction shall be in addition to any other sanction which may be imposed upon the party failing to file a brief as described in paragraph (3)(c) above.) (Failure to File Brief)

WARNINGCivil cases

ii. Responding Party's Failure If the responding party fails to file a brief in accordance with these rules, the court may dispose of the issue raised without the benefit of brief, or the court may direct that a brief may be filed.

ii. Responding Party's Failure If the responding party fails to file a brief in accordance with these rules, the court may dispose of the issue raised without the benefit of brief, or the court may direct that a brief may be filed.

WARNINGCivil cases

After receiving notice of a preliminary objection, the plaintiff may immediately praecipe it for argument, requiring the defendant to file a brief within 20 days.

On the other hand, should the plaintiff, against whom a preliminary objection has been filed, wish to have the issue raised by the defendant's preliminary objection determined by the court as soon as possible, he may file a praecipe for argument immediately upon receiving notice that the defendant has filed a preliminary objection. In that case, the defendant, who is the moving party, would then be forced to file a brief within twenty days.

WARNINGCivil cases

If, however, the moving party does not praecipe the matter for argument, any responding party may then praecipe the matter and thereby force the moving party to file its brief within the time schedule.

If, however, the moving party does not praecipe the matter for argument, any responding party may then praecipe the matter and thereby force the moving party to file its brief within the time schedule.

INFOCivil cases

In cases other than motions for judgment on the pleadings or summary judgment, the moving party may praecipe the matter when it chooses, thereby triggering the briefing schedule.

In all other cases the moving party may praecipe the matter when it desires thereby triggering the briefing schedule.