Franklin County Court of Common Pleas Pre-Motion Conference Requirements

CRITICALCivil cases

Before seeking more than 40 interrogatories or requests for admissions, counsel must promptly consult opposing counsel and attempt in good faith to agree in writing on a reasonable additional number; if no stipulation is reached, the party must move for relief.

If counsel for a party believes that more than forty (40) interrogatories or requests for admissions are necessary, he shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional interrogatories 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 or requests for admissions shall file a motion with the court showing the necessity for relief.

CRITICALCivil cases

Counsel for the moving party must confer or attempt to confer with all interested parties about resolving a discovery matter without court action.

39-208.2(e). Every motion relating to discovery shall attach a certificate, signed by counsel for the moving party, certifying that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. The attached certificate shall detail the efforts made by the moving party, detailing time, place and manner of conversations and shall include copies of any related correspondence.

CRITICAL

At the status conference, the presiding judge, counsel, and any unrepresented parties must discuss exhibit maintenance and security during and after the proceeding, and the judge must confirm those arrangements by court order.

The presiding judge, counsel, and parties if unrepresented, shall discuss maintenance and security of the exhibit(s) both during and after the proceeding consistent with Pa. R.J.A. 5104(a)(4), and the presiding judge shall confirm same per an Order of Court.

CRITICALCivil cases

After the response under Pa.R.C.P. 1035.3 is filed, summary-judgment motions are scheduled, argued, and decided under Local Rule 211.

After the filing of a response in accordance with Pa.R.C.P. 1035.3, motions for summary judgment shall be scheduled, argued and decided in accordance with Local Rule 211.

CRITICALCivil cases

For a listed case, the moving party must ensure the other parties receive its brief at least 35 days before argument, and the responding party must ensure the moving party receives its brief at least 28 days before argument.

39-211.7 When a case is listed for argument, the moving party shall file and serve a copy of his brief upon all other parties in the manner set forth in Pa.R.C.P. 440(a) to insure receipt by the responding party not later than the thirty-fifth (35th) day preceding the day scheduled for argument. The responding party shall, in return, serve a copy of his brief upon the moving party in the manner set forth in Pa.R.C.P. 440(a) to insure receipt by the moving party not later than the twenty-eighth (28th) day preceding the day scheduled for argument.

CRITICAL

When the Proponent anticipates a bulky, oversized, or physically impractical exhibit, the Proponent must move in advance of the proceeding for a status conference attended by all counsel and any unrepresented parties of record.

In advance of any proceeding where a Proponent anticipates their exhibit(s) will be categorized as bulky, oversized, or otherwise physically impractical pursuant to Pa. R.J.A. 5103(c)(3), the Proponent shall motion for a status conference to be attended by all counsel and parties of record, if unrepresented.

CRITICALCivil cases

If the court orders a hearing or argument, the case must be listed, briefed, and decided under Local Rule 211 and following.

If hearing or argument is ordered by the court the case shall be listed, briefed and decided as set forth in Local Rule 211 et seq.

WARNINGCivil cases

Oral arguments are scheduled according to the applicable county branch calendar, subject to the Court's directions and the stated holiday exception.

39-211.1 Except as otherwise provided by the Court, arguments in the Franklin County Branch shall be held on the first Thursday of each month excluding August, except when that Thursday is a legal holiday, in which case the argument shall be held on as scheduled by the Court; and in the Fulton County Branch, arguments shall be held on days as established by the annual Court calendar or as scheduled by the Court.

WARNINGCivil cases

The parties may agree in writing to add a cause to the argument list at any time if the briefs can still be served within Rule 39-211.7's time requirements.

39-211.3 The parties may agree in writing to add a cause to the argument list at any time so long as service of briefs may be made in accordance with the time requirements of Rule 39- 211.7.

WARNINGCivil cases

The party seeking an order argues first and may rebut only opposing arguments if the Court permits; the Court directs the order of argument among multiple responding parties.

39-211.5 The person seeking the order applied for shall argue first, and may also argue in rebuttal, if permitted by the Court, but such rebuttal shall be limited to answering arguments advanced by the opposing party. In causes where there is more than one responding party, the order of argument by the responding parties shall be as directed by the Court.

WARNINGCivil cases

The Court may order a cause listed for the next scheduled argument court or another date and may set the brief-service time.

The Court may order a cause listed for argument at the next scheduled argument court or on such other day as it may direct and, in that event, it may set the time for service of briefs.

WARNINGCivil cases

Motions may be decided without oral argument; when a party requests argument or the Court requires it, the Court may schedule argument by order or the motion may be argued under Local Rule 211 et seq.

(vi) Motions may be decided without oral argument. For those Motions for which a party requests argument of for which the Court requires argument, the Court may issue an order scheduling argument or the motion may be argued by following the procedure set forth in Local Rule 211 et seq.

WARNINGCivil cases

The parties may agree to submit a matter on filed briefs without oral argument if the Court approves.

39-211.9 With the approval of the Court, oral argument may be dispensed with by agreement of the parties and the matter shall be submitted to the Court on briefs filed.

WARNINGCivil cases

Arguments are generally held on the first Thursday of each month in Franklin County, except August and court-scheduled legal-holiday dates; Fulton County argument dates follow the annual court calendar or the Court’s schedule.

Except as otherwise provided by the Court, arguments in the Franklin County Branch shall be held on the first Thursday of each month excluding August, except when that Thursday is a legal holiday, in which case the argument shall be held on as scheduled by the Court; and in the Fulton County Branch, arguments shall be held on days as established by the annual Court calendar or as scheduled by the Court.

WARNINGCivil cases

If a party fails to file and serve briefs on time, the Court may deny or grant requested relief, allow argument only by the complying party, or impose other relief or sanctions.

39-211.8 Unless the time for filing and serving briefs is extended by the Court for cause shown, where briefs have not been timely filed and served as required by Rule 39-211.7, the Court may upon its own motion or upon request of a party: (1) Deny the relief requested where the moving party has failed to comply; (2) Grant the requested relief where the responding party has failed to comply; (3) Permit oral argument, but only by the complying party; (4) Grant such other relief or impose such other sanctions as it shall deem proper.

INFO

The presiding judge may, at the judge’s discretion, hold the status conference by telephone or other electronic means.

A status conference held pursuant to this subdivision may be held via telephone or other electronic means at the discretion of the presiding judge.