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Court Rules

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

14 rules from official source documents

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

CRITICAL

Before filing a motion, the filing party must seek concurrence from the other parties and any guardian ad litem in a manner reasonably expected to allow a response, except for the listed motions.

(e) Prior to filing any motion, the filing party shall seek concurrence of any other party and any guardian ad litem, except that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post- trial relief. Efforts to seek concurrence shall be made in a manner that is reasonably expected to give the other party(s) an opportunity to respond.

CRITICAL

A motion may not be placed on an argument court list unless the assigned judge directs it, except as provided by the cited rules.

Except as provided in C.C.R.P. 1028(c), 1034(a), and 1035.2(a), no motion shall be placed on an argument court list unless directed by the assigned judge.

CRITICAL

Before filing most motions, the filing party must seek concurrence from the other parties and any guardian ad litem in a way that gives them a reasonable opportunity to respond, subject to listed exceptions.

Prior to filing any motion, the filing party shall seek concurrence of any other party and any guardian ad litem, except that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief. Efforts to seek concurrence shall be made in a manner that is reasonably expected to give the other party(s) an opportunity to respond.

CRITICAL

(c) If counsel for a party believes that more than forty (40) interrogatories, requests for the production of documents, and/or requests for admissions are necessary, they shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional interrogatories, requests for the production of documents, and/or requests for admissions. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the party seeking to submit additional interrogatories, requests for the production of documents, and/or requests for admissions shall file a motion with the court showing the necessity for relief.

(c) If counsel for a party believes that more than forty (40) interrogatories, requests for the production of documents, and/or requests for admissions are necessary, they shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional interrogatories, requests for the production of documents, and/or requests for admissions. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the party seeking to submit additional interrogatories, requests for the production of documents, and/or requests for admissions shall file a motion with the court showing the necessity for relief.

CRITICAL

Upon objections or a party’s request, the assigned judge must set a briefing schedule and, if necessary, an oral-argument date.

(e) Upon receipt of objections, or upon request of either party, the assigned judge shall issue an order setting a briefing schedule and, if necessary, a date for oral argument before the assigned judge.

CRITICAL

(a) If no objections are filed, the Clerk shall transmit the auditor's report to the Court for confirmation. If objections are filed, the Court shall, after argument, make such disposition as the Court shall determine.

(a) If no objections are filed, the Clerk shall transmit the auditor's report to the Court for confirmation. If objections are filed, the Court shall, after argument, make such disposition as the Court shall determine.

CRITICAL

Before filing a motion, the filing party must reasonably seek concurrence from the other parties and any guardian ad litem, except for the specified motion types.

Prior to filing any motion, the filing party shall seek concurrence of any other party and any guardian ad litem, except that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief. Efforts to seek concurrence shall be made in a manner that is reasonably expected to give the other party(s) an opportunity to respond.

CRITICAL

Before filing a motion, the filing party must seek concurrence from the other parties and any guardian ad litem, except for the listed motion types, and must allow a reasonable opportunity to respond.

(e) Prior to filing any motion, the filing party shall seek concurrence of any other party and any guardian ad litem, except that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post- trial relief. Efforts to seek concurrence shall be made in a manner that is reasonably expected to give the other party(s) an opportunity to respond.

WARNING

Preliminary objections are decided on written argument unless oral argument is specifically requested; any granted oral argument is held off the record.

All cases will be decided on written argument unless oral argument is specifically requested. If granted, oral argument will be held off the record.

WARNING

A motion may not be placed on an argument court list unless the assigned judge directs it, subject to the cited rule exceptions.

Except as provided in C.C.R.P. 1028(c), 1034(a), and 1035.2(a), no motion shall be placed on an argument court list unless directed by the assigned judge.

WARNING

After assignment, the judge must schedule by order any hearing, briefing, or argument the judge deems necessary.

The judge to whom a motion has been assigned shall, thereafter, by order, schedule such hearing, briefing, and/or argument as shall be deemed necessary.

WARNING

Unless oral argument is requested under subsection (e), preliminary objections are automatically listed for decision on the briefs at the first argument session more than 90 days after filing.

Except as provided in subsection (e), the preliminary objections will be automatically listed for decision on the briefs only at the first argument session more than ninety (90) days following filing of the preliminary objections.

WARNING

Oral argument is limited to 15 minutes unless prior permission is granted to extend it in a complex case.

Counsel or any party presenting oral argument shall be limited to fifteen (15) minutes unless prior permission is granted to extend argument in a complex case.

INFO

If objections are filed, any interested party may request a briefing schedule, argument, or both under Rule 7.5.

(c) If objections are filed, any interested party may request a briefing schedule and/or argument in accordance with C.C.R.O.C.P. 7.5.

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

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

Before filing a motion, the filing party must seek concurrence from the other parties and any guardian ad litem in a manner reasonably expected to allow a response, except for the listed motions.

View ruleOfficial source Source: page 2, section Rule 208.3. Motions

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