Rule 39-211. Oral
Arguments.
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39-211.1 |
Except as otherwise provided by the
Court, arguments in the Franklin County Branch shall be held on the first
Thursday of each month excluding August, except when that Thursday is a legal
holiday, in which case the argument shall be held on as scheduled by the
Court; and in the Fulton County Branch, arguments shall be held on days as
established by the annual Court calendar or as scheduled by the Court. |
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39-211.2 |
In the Franklin County Branch, causes
for argument shall be listed in the Prothonotary's office in a docket to be
provided for that purpose, on or before the Thursday which is six (6) weeks
preceding the day for argument. Any party may list a cause by filing a
Praecipe directing the Prothonotary to list the cause for argument. In the
Fulton County Branch, causes for argument may be listed in the Prothonotary's
office in a docket to be provided for that purpose upon Praecipe of a party
filed at least six (6) weeks before the argument is to be scheduled before the
assigned judge. The party entering a cause for argument shall forthwith, by
ordinary mail, notify all other parties that the cause has been listed for
argument; and shall file proof of service of such notice. Failure to give
such notice shall be grounds for striking the cause from the list upon
Motion. |
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39-211.3 |
The parties may agree in writing to add
a cause to the argument list at any time so long as service of briefs may be
made in accordance with the time requirements of Rule 39-211.7. The Court may
order a cause listed for argument at the next scheduled argument court or on
such other day as it may direct and, in that event, it may set the time for
service of briefs. |
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39-211.4 |
When the ascertainment of facts is
necessary for the proper disposition of a cause listed for argument, such
facts may be determined by deposition or as otherwise provided in the
Pennsylvania Rules of Civil Procedure. |
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39-211.5 |
The person seeking the order applied
for shall argue first, and may also argue in rebuttal, if permitted by the
Court, but such rebuttal shall be limited to answering arguments advanced by
the opposing party. In causes where there is more than one responding party,
the order of argument by the responding parties shall be as directed by the
Court. |
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39-211.6 |
Each party shall furnish to every other
party a typewritten brief in the form set forth in Local Rule 210, Form and
content of Briefs. |
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39-211.7 |
When a case is listed for argument, the
moving party shall file and serve a copy of his brief upon all other
parties in the manner set forth in Pa.R.C.P. 440(a) to insure receipt by the
responding party not later than the thirty-fifth (35th) day preceding the day
scheduled for argument. The responding party shall, in return, serve a copy
of his brief upon the moving party in the manner set forth in Pa.R.C.P.
440(a) to insure receipt by the moving party not later than the twenty-eighth
(28th) day preceding the day scheduled for argument. At the time each party
serves his brief, he shall furnish two copies thereof to the assigned judge. |
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39-211.8 |
Unless the
time for filing and serving briefs is extended by the Court for cause shown,
where briefs have not been timely filed and served as required by Rule
39-211.7, the Court may upon its own motion or upon request of a party: |
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39-211.9 |
With the approval of the Court, oral
argument may be dispensed with by agreement of the parties and the matter
shall be submitted to the Court on briefs filed. |
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39-211.10 |
Cases shall be continued or stricken
from the argument list only pursuant to order of Court. A party may request
such an order of Court by petition setting forth the basis for the request.
Such petition must include certification regarding concurrence or non-concurrence
of all other parties as required by Local Rule 39-206.1. |