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

CRITICAL

Covered rules, objections, petitions, and motions are returnable on the next scheduled miscellaneous court day occurring at least 25 days after the rule or court presentation, subject to contrary rules or special court allowance.

Except as otherwise provided in the Pennsylvania Rules of Civil Procedure or these rules, or upon special allowance by the court, all rules to show cause, preliminary objections and petitions or motions requiring hearing or argument shall be returnable to the next day of miscellaneous court, scheduled by the court calendar, occurring at least twenty-five (25) days from the date of the rule or date of court presentation of the petition or motion, the same to be deemed at issue on the said return date.

CRITICAL

Briefs are required only when ordered by the court or required by the rules; when required, the moving brief is due 10 days before argument and the opposing brief 5 days before, unless the matter is submitted on briefs only.

No brief need be filed unless and until required by the court or by these rules. Where briefs have been so required, the moving party or counsel shall file the brief with the Prothonotary of this court and deliver his brief to opposing counsel, the court, and unrepresented parties, no later than ten (10) days prior to the date set for hearing or argument. Opposing counsel or parties shall file the brief with the Prothonotary of this court and deliver his or their briefs to the moving party or counsel, and the court, no later than five (5) days before the day set for hearing or argument, unless the cause is to be submitted on briefs only: in such event, briefs of opposing parties or counsel shall be submitted no later than the final date provided in Paragraph (e) hereof.

CRITICAL

The District Court Administrator assigns a hearing or argument on a qualifying miscellaneous court day at least 30 days after the matter is at issue and must give notice at least 20 days beforehand.

Each rule, petition, objection or motion, within the purview of Paragraph (a) hereof, shall be assigned a date and time for hearing or argument by the District Court Administrator on the next day of miscellaneous court occurring at least thirty (30) days form the date the same is deemed at issue under Paragraph (a) hereof. Notice of the assigned date and time shall be given each record counsel or unrepresented party at least twenty (20) days prior to the said date of hearing or argument.

WARNING

Counsel for the moving party and the District Attorney may agree to submit motions on briefs without argument by the argument date, unless the court requires oral argument.

By agreement of counsel for the moving party and the District Attorney, argument may be waived and motions submitted on briefs only (the last day for such submission being the date set for argument under (a) hereof), unless oral argument is required by the court.

INFO

If all parties are represented, counsel may agree to waive oral argument and submit the matter on briefs, with the argument date serving as the final submission date.

Subject to the provisions of Paragraph (f) hereof, counsel, if all parties are represented, may agree to waive oral argument, and submit the cause to the court on briefs only, in which case the date set for argument shall be the final date for such submission.