N211 Argument Lists
(a) Nature of Case. The argument list shall consist only of cases in which a question
of law is to be determined.
(b) Procedure. Proceedings may be listed for argument by order of court or by the
filing with the Clerk of Court an original and one copy of a praecipe by counsel not later than
twenty (20) days before the argument court. The Court Administrator shall prepare an argument
list consisting of all cases ordered thereon either by the court or by counsel.
Counsel ordering a case on the list by praecipe (or the Court Administrator in cases
ordered on by the court) shall give notice thereof to the adverse party at least twenty (20) days
before the date set for argument.
(c) Time for Filing Praecipe and Briefs. Counsel ordering the case on the argument
list shall file a brief simultaneously with the filing of the praecipe for argument, and shall serve a
copy on the adverse party at least twenty (20) days before the date set for argument. The clerk
shall not accept a praecipe for argument without the moving party’s brief. The respondent shall
deliver a brief to the moving party and file a copy with the clerk at least five (5) days before the
date set for argument.
In cases ordered on the argument list by the court, the time for filing briefs shall be in
accordance with the schedule established by the court in that particular case. Where no such
schedule has been established, the moving party shall file and serve a brief at least twenty (20)
days before the date set for argument. The respondent shall deliver a brief to the moving party
and file a copy with the clerk at least five (5) days before the date set for argument.
In all cases, the clerk shall promptly forward all briefs to the Court Administrator. No
supplemental brief shall be filed except upon special allowance by the court and within such time
as the court may direct.
In cases involving preliminary objections, motion for judgment on the pleadings, and
motions for summary judgment, see rules N1028, N1034, or N1035 for additional requirements.
If a party fails to file a praecipe for argument and a brief within a reasonable period of time
following the filing of a motion or petition and the closing of the record, the adverse party may
seek dismissal of the motion or petition.
Comment: See N210 Content of Briefs.
(d) Record for Argument. No case shall be placed on the argument list unless the
record made either by depositions or at a hearing or trial shall be actually on file at the time the
case is placed on the list, unless (1) counsel files a stipulation of the material facts, or (2) the
court specifically directed that the case be placed on the list.
(e) Continuance. Continuances of the case on the list may be granted for cause
shown or upon agreement of counsel with approval of the court. The continuances shall be a
continuance to the next argument court unless a specific date for further argument is specified by
the court at the time the continuance is granted, in which case the Court Administrator shall so
list the case without further praecipe.
(f) Oral Argument. When each case is called, the parties shall state to the court (1)
whether briefs are filed and (2) whether any party requests oral argument on the matter before the
court. Cases on the argument list may be submitted on briefs, if all parties agree to waive oral
argument. If all parties agree to submission on briefs, counsel need not appear for the call of the
argument list; rather, counsel for the moving party shall provide written notice to the Court
Administrator that all parties agree that the case may be submitted on the briefs.
(g) Non-Jury Cases. When required by the court in cases tried without a jury, the
parties shall furnish to the court proposed findings of fact and conclusions of law.
(h) Land Use Appeals. Whenever a zoning hearing board or other applicable
governing body of a municipality is required under the Pennsylvania Municipalities Planning
Code to certify its record to the court in response to a writ of certiorari in a land use appeal, the
record shall contain a copy of the entire zoning ordinance, building code or other ordinance, with
the relevant portions indicated therein, and a copy of the zoning map of the municipality.
EFFECTIVE JUNE 17, 2004