Rule 1034(a) - Motion For Judgment On The Pleadings(1) Requirements for Filing and Service of a Motion for Judgment on the Pleadings and Supporting Brief at the Office of the Prothonotary (a) The original Motion for Judgment on the Pleadings shall be filed with or mailed to the Prothonotary. A supporting Brief is required to be filed with a Motion for Judgment on the Pleadings. Note: See Rule W210 for the form of the Brief.
(b) A copyof the Motion for Judgment on the Pleadings and a copyof the supporting Brief required shall, at the time the Motion is filed or mailed, be presented or mailed to the chambers of the judge assigned to the case by the party filing the Motion. The judge assigned to the case shall prepare a Scheduling Order for oral argument, direct the filing of the original Order, and give or mail a copy of that Order to the moving party.(c) Within three (3) days of receipt of the Scheduling Order from the judge assigned to the case, the moving party shall serve copies of the Motion for Judgment on the Pleadings, the Scheduling Order and the Brief on every other party or attorney of record.(d) The moving party shall file with the Prothonotary a certificate of service of the Motion, the Scheduling Order and the Brief. A copy of the certificate of service shall be mailed or delivered to the judge assigned to the case.(2) Filing and Service requirements for Briefs in opposition to the Motion for Judgment on the Pleadings (a) A party to whom a Motion for Judgment on the Pleadings is directed shall file a Brief in opposition with the Prothonotary within thirty (30) days of service of the moving party's Motion and Brief. Note: See Rule W210 for the form of the Brief.
(b) Within three (3) days of filing the Brief, the party to whom the Motion is directed shall serve a copy of the Brief on every other party or attorney of record, and shall file a certificate of service with the Prothonotary.(c) The party to whom the Motion is directed shall deliver or mail a copyof the Brief, along with a copy of the certificate of service, to the chambers of the judge assigned to the case on the same day the certificate of service is filed.(3) Sanctions (a) Failure of the moving party to comply with the requirements of this rule shall result in the dismissal of the Motion for Judgment on the Pleadings.(b) If a non-moving party fails to comply with the requirements of this rule, that party shall not be permitted to present any oral argument.Adopted May 10, 2004, effective 7/26/2004. Rule W1035 was rescinded effective 7/26/2004.