Will the right to oral argument be lost in Pennsylvania?
Pennsylvania Rule of Civil Procedure 211 provides that
litigants have a right to oral argument to argue Motions. The
Pennsylvania Supreme Court Civil Rules Committee is seeking to take
away that right. There currently is a proposal to rescind Rule 211.
If rescinded there will be uncertainty as to whether you will
ever have oral argument on Motions. While the commentary indicates
that the Court will still have discretion to grant oral argument,
the rescision of Rule 211 takes away the absolute right to oral
argument.
We will need to monitor whether the Pa Supreme Court adopts the
proposal of the Civil Rules Committee. I know that many Bar
Associations are objecting to the proposed rule change. If approved
then attorneys will need to request oral argument and be at the
discretion of the Court to grant the request. Perhaps a local rule
change would be appropriate to continue to preserve the right to
oral
