Rule 1035.2(a).    Motion for Summary Judgment.

     (1)  Filing.  A motion for summary judgment shall be faced with a cover sheet of the moving party in the form set forth in Local Rule 205.2(b) and shall be accompanied by the moving party’s proposed order.  The moving party shall check the box on the cover sheet requiring a response, if any, per the Pennsylvania Rules of Civil Procedure.  Motions for summary judgment are not given a rule return date by Court Administration.

     (2)  Response.  The respondent shall file an answer or other responsive document in accordance with the Pennsylvania Rules of Civil Procedure, if any, which shall be faced with a cover sheet of the respondent in the form set forth in Local Rule 205.2(b) and shall be accompanied by the respondent’s proposed order.  After the response is filed, if any, where any party demands discovery, the parties shall complete such discovery within sixty (60) days, unless otherwise directed by the Court.

     (3)  Praecipe.  After filing of respondent’s answer and/or the completion of discovery, any party may file with the Prothonotary, in duplicate, a praecipe for argument in the form set forth herein, including a certification that a copy thereof has been served upon all other parties.  The Prothonotary shall forthwith deliver a copy of said praecipe to Court Administration.  The praecipe shall be in the following form:

See Form Argument Praecipe

 

     (4)  Briefs.  For motions for summary judgment raising appealable matters, the brief of the moving party shall be filed in the Prothonotary’s Office within thirty (30) days of the filing of the praecipe for argument, unless otherwise directed by the Judge assigned to the case.  Regarding appealable matters, the brief of the respondent shall be filed within thirty (30) days of the date of the filing of the moving party’s brief.

     For motions for summary judgment raising interlocutory matters, where the Court orders briefs, the brief of the moving party shall be filed in the Prothonotary’s Office within thirty (30) days of the date of said order and the respondent’s brief shall be filed within thirty (30) days of the filing of the brief of the moving party, unless otherwise directed by the assigned Judge.  A party may also voluntarily file a brief regarding interlocutory matters even though not specifically directed by the Court. 

     If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the assigned Judge may:

(a)  Dismiss the motion where the moving party has failed to comply;

(b)  Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply;

(c)  List the matter for argument, at which time only the complying party shall be heard; or

(d)  Impose such other sanctions upon the non-complying party as the Judge shall deem proper.

     (5)  Disposition.  Once briefs, if required, are filed, the matter shall be referred to the assigned Judge for disposition, unless the underlying case has already been praeciped for trial or ordered on the trial list, in which case the motion will be assigned to the trial judge for disposition. 

     If oral argument was requested by either party on either their respective cover sheets or the argument praecipe, the matter shall be scheduled for argument.  If oral argument was not requested by either party, the assigned Judge may direct the scheduling of argument, or may simply decide the matter upon the filings.  

Comments:

1.      Appealable matters are those that are before the Court for final judgment or adjudication.  Please refer to the Pennsylvania Rules of Appellate Procedure for further guidance.

2.      The term “party” or “parties” shall be deemed to mean counsel for a party or parties to a legal proceeding and such party or parties as are unrepresented by counsel.