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

CRITICAL

Petitions lacking facial merit or resolvable by a short presentation may be decided without formal fact-finding; when formal fact-finding is necessary, argument follows the Answer and any necessary discovery.

Those petitions which show no merit on their face or which can be determined by a short presentation by the respective attorneys in Motions Court will be disposed of without a formal fact finding procedure. (B) If it appears to the Court that formal fact finding is necessary to the disposition of the Rule, the Court will set a date for argument subsequent to the filing of an Answer and the taking of any necessary discovery.

CRITICAL

Unless otherwise ordered, the moving party’s brief is due within 15 days after presentation of the motion, and responding parties’ briefs are due within 15 days after service of the moving party’s brief.

Unless otherwise ordered, the brief of the moving party shall be served on all parties and the assigned Judge within fifteen (15) days from the presentation of the motion pursuant to FCR 208.3(a); and the briefs of all responding parties shall be served on all other parties and the assigned Judge within fifteen (15) days after service of the moving party’s brief.

CRITICAL

By agreement, parties may use the priority-motion procedure, with oral presentations capped at three minutes and any briefs or memoranda submitted at that time; otherwise, objections proceed as a routine motion, with the Court setting the briefing schedule and, when appropriate, further fact-record and argument procedures.

Upon agreement of the parties, the preliminary objections may be submitted as a priority Motion for disposition by the Court at that time. The parties shall be permitted no more than three (3) minutes to orally present their positions on the issues raised and any briefs or memorandums the parties wish for the Court to consider shall be submitted to the Court at that time. Otherwise, the preliminary objections shall be presented by the moving party as a routine Motion accompanied by a proposed Order. Upon receipt of such a Motion, the Court shall establish a briefing schedule, and, if deemed necessary by the Court, an argument date for disposition of the preliminary objections. If the preliminary objections properly raise an issue of fact, the Court shall enter an Order establishing the procedure to be followed for the making of a factual record, for the briefing of the issues raised, and for setting an oral argument date and time, if deemed necessary by the Court.

WARNING

Failure to comply with the briefing schedule may result in denial of oral argument or other sanctions the Court considers appropriate.

Failure to comply with the briefing schedule may result in the denial of oral argument or such other sanctions as the Court deems appropriate.

WARNING

The matter will be decided on the submitted briefs unless oral argument is requested.

The matter will be decided on the briefs submitted unless oral argument is requested.

WARNING

Failure to comply with the briefing schedule may result in denial of oral argument or other appropriate sanctions.

Failure to comply with the briefing schedule may result in the denial of oral argument or such other sanctions as are appropriate.