Montgomery County Court of Common Pleas Pre-Motion Conference Requirements

CRITICALCivil cases

A party opposing a Motion for Extraordinary Relief has 15 days to respond.

Any party opposing the Motion shall have 15 days in which to respond, after which time the Court will enter an appropriate order.

CRITICALCivil cases

A party opposing a Motion for Extraordinary Relief has fifteen days to respond before the Court enters an appropriate order.

Any party opposing the Motion shall have fifteen (15) days in which to respond, after which time the Court will enter an appropriate order.

WARNINGCivil cases

Unless the Court directs otherwise, covered motions in limine and other pretrial motions filed after a Pretrial Conference or after the case is listed for trial receive no return day and are referred to the designated Judge.

Except as the Court may otherwise direct, motions in limine and other pretrial motions that are filed after a Pretrial Conference has been held or after a case has been listed for trial will not be given a return day and will be referred to the Judge who conducted the Pretrial Conference or, if a different Judge has been assigned the case for trial, to that Judge.

WARNINGCivil cases

An alleged emergency motion is forwarded to a Judge without an initial return date; the Judge determines whether it is an emergency, and non-emergency matters return to the Court Administrator for listing.

Motions that are alleged to be “emergencies” will not initially be given a rule return date, but rather the Court Administrator will forward the emergency motion to the appropriate Judge. If the matter is deemed to be an emergency by the Judge, the Judge will process the matter accordingly. If the matter is not deemed to be an emergency, the matter will be returned to the Court Administrator for listing pursuant to this Rule.

WARNINGCivil cases

Motions with filed answers are referred to the appropriate Judge, and oral argument occurs only if the Court orders it.

All motions in which answers have been filed will be referred to the appropriate Judge for disposition. Oral argument will be held only if ordered by the Court.

WARNINGCivil cases

Discovery motions in family law actions are excluded from this process and are governed by Local Rule 4019*.1.

Motions relating to discovery in family law actions – excluded from the above process by Rule 208.1(b)(2)(iv) – are governed by Local Rule 4019*.1 – Family Discovery Hearing Officer.

WARNINGCivil cases

A party may seek special management, but the motion is disfavored and will be granted only upon a compelling showing of need.

Any party may file a Motion to Designate Case for Special Management. Such Motions are not favored and will be granted only upon a compelling showing of need.

WARNINGCivil cases

Filing an argument praecipe commences the briefing schedule, but the Court lists the case for argument with assistance from the appointed judicial officer.

The filing of an argument praecipe shall have the effect of commencing the briefing schedule but not of listing the case for argument, which shall be done by the Court with the assistance of the appointed judicial officer assigned to complex litigation.

WARNINGCivil cases

Filing an argument praecipe commences the briefing schedule, but the Court lists the case for argument with assistance from the appointed judicial officer.

The filing of an argument praecipe shall have the effect of commencing the briefing schedule but not of listing the case for argument, which shall be done by the Court with the assistance of the appointed judicial officer assigned to asbestos litigation.

INFOCivil cases

The Court may order discovery on factual issues raised by the motion and answer, on request or on its own initiative, and may permit supplemental briefs after discovery concludes.

The Court may order, either pursuant to a request in the motion or answer or on the Court’s own initiative, that discovery be taken on issues of fact raised by the motion and answer. The Court may provide for the filing of supplemental briefs after the conclusion of such discovery.

INFO

The court will set the hearing date when objections to an account have been filed.

When objections to an account have been filed, a hearing on the objections will be held on a day fixed by the court.

INFOCivil cases

If either party requests oral argument on its cover sheet, the matter may be scheduled for argument.

If oral argument was requested by either party on their respective cover sheets, the matter may be scheduled for argument.

INFOCivil cases

Even if neither party requests oral argument, the judge may schedule it or decide the matter on the filings.

If oral argument was not requested by either party, the Judge may direct the scheduling of oral argument, or may decide the matter upon the filings.

INFOCivil cases

It is not necessary for a scheduling Order to issue for counsel to engage in earlier, appropriate, discovery and motion practice.

It is not necessary for a scheduling Order to issue for counsel to engage in earlier, appropriate, discovery and motion practice.

WARNINGCivil cases

Motions to exclude expert testimony under Rule 207.1 and motions in limine are excluded from the process described above, filed with the Prothonotary, and referred to the trial judge upon assignment of trial.

Rule 208.1(b)(1)(iv) specifically excludes motions to exclude expert testimony pursuant to Rule 207.1 and motions in limine from the above process. These motions are filed with the Prothonotary and referred to the trial judge, upon assignment of trial.