RULE N1035. MOTION FOR SUMMARY JUDGMENT.
A. A motion for summary judgment shall state specifically the grounds relied upon.
B. A motion for summary judgment shall be submitted for decision no later than ninety (90) days prior to the date scheduled for commencement of trial, unless otherwise allowed by order of court.
Comment: Pa. R.C.P. 1035.2 provides that motions for summary judgment are to be filed “within such time as not to unreasonably delay trial.” Rule of Judicial Administration 703 allows judges 90 days to decide matters prior to reporting a matter as undecided to the Administrative Office of Pennsylvania Courts. In order to afford the court reasonable time to decide the summary judgment motion without delaying trial, and consistently with its responsibilities in other matters, the moving party must list the summary judgment motion on an argument list at least 90 days prior to the trial date and timely file a brief in support of the motion. See Rule N210(c).
JUNE 17, 2004, AMENDED AS FOLLOWS:
N1035.2(a.) Procedure for Disposition of a Motion for Summary Judgment
1. When a motion for summary judgment is filed it shall be accompanied by the
necessary record. The motion shall be resolved on an argument list unless otherwise ordered by the
judge to whom a case has been pre-assigned.
2. Thirty (30) days shall be allowed for the responding party to file a response and
supplemental record in conformity with Pa.R.Civ. P. 1035.3.
3. The moving party shall then file a brief and accompanying praecipe in
conformity with Rule N211.
4. A motion for summary judgment shall be submitted for decision no later than
ninety (90) days prior to the date scheduled for commencement of trial, unless otherwise allowed by
order of court.