Rule 1034(a) - Procedures for the Disposition of a Motion for Judgment on the Pleadings(1)General Docket and Arbitration Docket Cases.(a)(i) A motion for judgment on the pleadings shall be electronically filed pursuant to Local 205.4 with the Department of Court Records. A request to schedule the date and time for argument shall be transmitted by email to the following email address: civilmsjjops@alleghenycourts.us, accompanied by a PDF copy of the motion and brief and a proposed order. The motion will be placed on an argument list, the date and time of which shall be published in the Pittsburgh Legal Journal. Note: Motions for judgment on the pleadings filed on or before the forty second (42nd) day before the next argument list will be placed on that list. Motions filed less than forty-two (42) days before the date of the next argument list will be placed on the following argument list
On cases that have appeared on a published trial list, motions for judgment on the pleadings may be placed on an argument list if they are filed in time to be placed on an argument list prior to the scheduled trial date.
Motions for Leave to file a motion for judgment on the pleadings are no longer necessary on cases listed on published trial lists unless that motion cannot be placed on an argument list prior to the scheduled trial term.
(ii) The party filing the motion shall, promptly after filing, serve copies of the motion on all other parties and file a certificate of service. Furthermore, upon notification of the date of the argument list on which the motion will be argued, the moving party shall promptly serve all other parties with notice of the date and time of the argument and file a certificate of service. Note: Argument lists are placed under "Civil Division" on the Website of the Common Pleas Court (www.alleghenycourts.us ) at least thirty (30) days before the date scheduled for argument. The list will identify the judge who will hear the argument.
In an arbitration case, the filing of a motion for judgment on the pleadings or the scheduling of the motion for an argument on a date after the date of the arbitration hearing does not continue the arbitration hearing unless the moving party obtains a continuance pursuant to Local 208.3(d).
(iii) If the motion has been resolved, the moving party shall promptly notify the court. Prior to the publication of the argument list, notice shall be given to the Calendar Control Clerk (412-350-5417). After publication of the argument list, notice shall be given to the secretary of the judge to whom the argument has been assigned.(iv) In a General Docket case, the brief of the moving party and proposed order of court shall be filed with the motion. Any party opposing the motion must file a brief at least seven (7) days prior to the argument and furnish a copy of the brief to the judge to whom the argument is assigned. In an Arbitration Docket case, there are no requirements for the filing of briefs. Frequently, the motion refers to the controlling legislation and case law.(b) This rule does not govern motions for judgment on the pleadings filed in asbestos litigation and cases otherwise designated by the court for special management (Pa.R.Civ.P. 1041.1 and 1041.2), class actions, cases designated as complex, and other cases specially assigned by an order of court to a single judge.(2) Housing Court Proceedings. (a) Motions for Judgment on the Pleadings in Housing Court cases shall be electronically filed pursuant to Local 205.4 with the Department of Court Records.(b) A request to schedule the date and time for argument shall be transmitted by email to the Housing Court Help Desk at HCHelpdesk@alleghenycourts.us accompanied by a PDF copy of the motion, brief if filed, and a proposed order in Microsoft Word format.(c) The Court will file an order scheduling argument on the motion; said order shall be served on all parties pursuant to 236.(a)(2). Note: The Housing Court Clerk scheduling of oral argument on a motion for judgment on the pleadings on a date after the date of the arbitration hearing does not delay the arbitration hearing unless the moving party obtains a continuance pursuant to Local 208.3(a)(6)(a)(iii).
(d) There are no requirements for the filing of briefs. Frequently, the motion refers to the controlling legislation, statute, regulation and case law.(e) The moving party, after contacting the other parties, shall notify the Housing Court Clerk if the motion is withdrawn. Otherwise, if the moving party does not appear on the date of the argument, the court will enter an order dismissing the motion for failure of the moving party to appear.Adopted10/4/2006, effective : Adopted10/4/2006, effective 12/4/2006. Amended December 27,; amended effective 9/13/2022; amended effective 11/13/2023.