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

CRITICALCivil cases

Before submitting any motion, the movant or counsel must confer with all counsel and unrepresented parties, determine their positions, and state those positions in the motion.

Prior to submitting any motion, the movant or his/her counsel shall confer with all counsel of record and any unrepresented parties to determine their position with respect to the motion, and shall indicate their position in the motion and if the motion is uncontested the certification required by Rule L208.2(d).

CRITICALCivil cases

A party opposing a motion governed by Rule 208.3(a) must file a response even when there are no disputed facts.

A response shall be filed by any party opposing a motion governed by Rule 208.3(a) even if there are no disputed facts because the response is the opposing party’s method of indicating opposition.

CRITICALCivil cases

A party opposing a motion governed by Rule L208.3(a) must file a response with a supporting brief or memorandum within 20 days after service, unless the court modifies the deadline; otherwise, the court may treat the motion as uncontested.

A response along with a supporting brief or memorandum of law shall be filed by any party opposing a motion governed by Rule L208.3(a) within 20 days after service of the motion unless the time for filing the response is modified by court order. If a response is not filed as provided above, the court may treat the motion as uncontested.

WARNINGCivil cases

Oral testimony may not be presented during argument unless the court directs otherwise.

No oral testimony shall be heard at the time of argument except by direction of the court.

WARNINGCivil cases

Argument is limited to 15 minutes per side, or 30 minutes total per side when there are multiple plaintiffs or defendants, subject to court modification or additional time allowed by the court.

Argument shall be limited to 15 minutes on each side including questions from the court: provided, however, if there are multiple plaintiffs or defendants, argument shall be limited to a total of 30 minutes for each side to be divided between or among counsel for the parties of the same side as they may decide unless the time allowed for argument is modified by court order. The court may allow additional time for argument if the court determines on a case-by-case basis that additional time would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.

WARNINGCivil cases

Unless a motion is certified as uncontested, the court must provide an opportunity for argument by briefs or oral argument, but may deny a procedurally defective, untimely, or inadequately supported motion without argument.

Unless the motion is certified as uncontested, the court shall provide the opportunity for argument either by written briefs or orally in open court. If oral argument is held, the court, in its discretion, may decide the matter at argument or take the matter under advisement. The court may deny the moving party’s request for relief, without argument, when the motion is procedurally defective, is untimely filed or fails to set forth adequate grounds for relief.

WARNINGCivil cases

The court will schedule a hearing when factual issues are disputed, generally allotting one hour including questions, with additional time available at the court’s discretion.

In the event there are disputed issues of fact, the court will schedule the matter for hearing. Generally, 1 hour will be allotted for the hearing including questions from the court to be divided among counsel for the parties as the court shall direct in its scheduling order. The court may allow additional time for hearing if the court determines on a case-by-case basis that additional time would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.