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

CRITICAL

Before filing a motion to compel discovery or for a protective order, moving counsel must seek concurrence; if contact cannot be made before filing, the motion may proceed with that stated in the certification, but the duty to seek concurrence continues.

All discovery motions to compel discovery or for a protective order shall include a certification by moving counsel that concurrence in the motion was sought from opposing counsel and pro se parties. If contact with opposing counsel or pro se parties can not be made prior to the filing of the motion, the moving party shall so state in the certification. The moving party has a continuing obligation to contact opposing counsel or pro se parties to secure the concurrence or non-concurrence.

CRITICAL

When the court deems a response necessary, it is due within 20 days unless the court orders a shorter or longer period; untimely or non-contested responses may result in the matter being treated as uncontested.

(b). Motion response. If the court deems a response is necessary, the response shall be filed within twenty (20) days unless the court orders a shorter or longer time. If a response is not timely filed, or if a response is filed raising no contested issue of fact, the court may deem the matter as being uncontested and may accept all factual averments as true and issue a dispositive order accordingly without further argument, upon motion of the moving party or in its own discretion. If a response is filed raising disputed issues of fact the court will hold an evidentiary hearing or proceed in such other manner as the court shall direct.

WARNING

Opposing counsel and pro se parties may not unreasonably refuse concurrence, and the court may award fees, expenses, or other permitted sanctions for an unreasonable refusal after concurrence was properly sought.

Concurrence may not be unreasonably refused by opposing counsel or pro se parties. If the court finds that concurrence was properly sought, and was unreasonably refused, the court may award attorneys fees and expenses to the moving party, and may impose such other sanctions as are permitted by the Pennsylvania Rules of Civil Procedure.