A change to the Pennsylvania Rules of Civil Procedure will provide clarity to both practitioners and judges on the subject of requests for oral argument on motions in trial court, attorneys said.
The change to Rule 211 eliminates language that, if read literally, could have created confusion on the subject of a party’s right to argue any motion before the trial court, according to the explanatory comment to the Supreme Court’s Oct. 26 order announcing the change. The update brings the rule in line with the practice established by appellate precedent, reinforcing that parties have the right to request argument on any motion but clarifying that trial judges have discretion to require argument whether it is requested or not, and to dispose of motions without argument.
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