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

CRITICALCivil cases

Civil applications requiring judicial action must be presented at a Motions Court session unless excluded by this rule or Pa.R.Civ.P. 208.1.

All civil applications to the Court requiring action by a Judge, except those hereafter excluded or otherwise excluded by Pa.R.Civ.P. 208.1 , shall be presented to the Court at a session of Motions Court.

CRITICALCivil cases

Before seeking motion relief, a party must contact opposing counsel to seek concurrence, except in emergencies; no concurrence request is required of an unrepresented litigant, and every motion must state whether concurrence was obtained.

Except in emergency circumstances, any party seeking relief from the Court by way of motion shall contact all opposing counsel to seek concurrence with respect to that motion. A statement of concurrence or non-concurrence shall be set forth in all motions. It shall not be necessary for a moving party to seek concurrence from a unrepresented litigant.

WARNINGCivil cases

If a response to a Rule to Show Cause raises disputed material facts, either party may file a substantially conforming Praecipe for Hearing, after which the Court notifies the parties of the hearing date and time.

When the Court has issued a Rule to Show Cause and a party files a response raising disputed issues of material fact, either party may file a Praecipe for Hearing substantially in the form set forth in Rule 52 -206.1(E)(2). Once a Praecipe for Hearing has been filed, the Court will notify all parties of the date and time assigned for that hearing.

WARNINGCivil cases

After a Praecipe for Disposition is filed, the Court will set a briefing and/or argument schedule and notify all parties.

(b) Once a Praecipe for Disposition has been filed, the Court will establish a schedule for filing of briefs and/or argument and notify all parties of that schedule.

WARNINGCivil cases

Oral trial or hearing motions, uncontested motions, summary-judgment motions, post-trial motions, assigned-judge pretrial motions, and motions for preliminary injunction seeking immediate ex parte relief need not be presented at Motions Court; the rule specifies filing, service, or routing procedures for several categories.

The following motions need not be presented in a session of Motions Court: (a) Motions made orally at trial or hearing. (b) Uncontested motions – All uncontested motions are to be filed with the Lebanon County Prothonotary together with a certificate signed by counsel indicating that the motion is uncontested. All uncontested motions will proceed in accordance with Leb.Co.R.Civ.P. 52-208.2(D) (c) Motions for Summary Judgment – Motions for Summary Judgment will proceed in accordance with Leb.Co.R.Civ.P. 52 -1035.2 (d) Post-Trial Motions – Post-Trial Motions will proceed in accordance with Leb.Co.R.Civ.P. 227.1. (e) Motions in Limine, Discovery Motions and other Pre-trial Motions where a case has already been assigned to a Judge shall be filed with the Prothonotary and served on all other counsel/ unrepresented litigants. Thereafter, the presiding Judge will decide how the motion is to be resolved. (f) Motions for Preliminary Injunction seeking immediate ex parte relief – These motions are to be filed with the Prothonotary and a copy shall be given immediately to the Court Administrator’s Office. These matters shall thereafter proceed as directed by the assigned Judge.

WARNINGCivil cases

If a response to a Rule to Show Cause presents no disputed material facts, either party may file a substantially conforming Praecipe for Disposition, after which the Court sets and communicates a briefing and/or argument schedule.

When the Court has issued a Rule to Show Cause and a party files a response with no disputed issues of material fact, either party may file a Praecipe for Disposition substantially in the form set for in Rule 52 -206.1(E)(1). Once a Praecipe for Disposition has been filed, the Court will establish a schedule for filing of briefs and/or argument and notify all parties of that schedule.