Pennsylvania Rules of Civil Procedure — Key Rules

Civil litigation in Pennsylvania is governed by the Pennsylvania Rules of Civil Procedure (Pa.R.C.P.). Key rules every litigant should understand:

• Rule 1007: An action may be commenced by filing a praecipe for a writ of summons or a complaint
• Rule 1018.1: Notice to defend — every complaint must include a notice in a specific format
• Rule 1023.1: Attorneys must certify that filings are well-grounded in fact and law (similar to federal Rule 11)
• Rule 1028: Preliminary objections — Pennsylvania's version of a motion to dismiss. Filed before an answer to argue the case should be thrown out or the complaint is legally deficient
• Rule 1034: Judgment on the pleadings
• Rule 1035.2: Motion for summary judgment — asks the judge to decide the case without a trial, arguing there's no genuine dispute about the facts that matter
• Rule 4003.1 et seq.: Discovery rules — scope, methods, and limitations
• Rule 4005 / 4007.1: Interrogatories — no strict numerical limit in PA state court (unlike federal court), but the court can limit scope and volume
• Rule 4009.1: Requests for production of documents
• Rule 4017.1: Depositions — video depositions permitted with notice
• Rule 4019: Sanctions for discovery abuse — courts can impose costs, strike pleadings, or enter default judgment

Bucks County Local Rules — What Catches People Off Guard

The statewide Pa.R.C.P. provides the framework, but Bucks County has its own local rules that supplement and sometimes significantly alter the procedure. Attorneys who practice primarily in other counties — or lawyers from Philadelphia — regularly get tripped up by Bucks County's local requirements. The most important one to understand is the motion practice rule.

B.C.R.C.P. 208.3(b) — How Motions Actually Get Decided in Bucks County

Here's the most important local rule you need to know: in Bucks County, your motion will not get forwarded to the assigned judge for decision until you comply with Local Rule 208.3(b). You can file the best motion for summary judgment ever written, but if you don't follow this rule, it sits in a drawer.

The rule governs these types of applications:

• Preliminary objections (Pennsylvania's motion to dismiss)
• Motions for judgment on the pleadings
• Motions for summary judgment
• Objections to written discovery requests
• Other applications designated by the court

Here's how it works, step by step:

• Step 1 — File your motion. But filing alone does nothing. The motion has to become "at issue" first — meaning there's an actual controversy for the judge to decide.
• Step 2 — Wait for the matter to be "at issue." This is the part that confuses people. Different motions become "at issue" at different times:
  • Preliminary objections — may be at issue when filed (if they raise only legal questions) or after a response is filed (if they raise factual questions)
  • Motions for judgment on the pleadings — treated as at issue when filed
  • Motions for summary judgment — not at issue when filed. They become at issue after the 30-day response period under Pa.R.C.P. 1035.3(a) has lapsed
• Step 3 — File a 208.3(b) Praecipe. Once the matter is at issue and ready for decision, the moving party files a praecipe ordering the matter submitted for disposition. The praecipe must be accompanied by:
  • A proposed form of order
  • A memorandum of law (brief) supporting your position
  • A certificate of service
• Step 4 — Respondent's brief. Once the 208.3(b) Praecipe is filed, the opposing party has 10 days to file a responsive brief.
• Step 5 — Decision. Oral argument is not typically granted in Bucks County, though it may be requested. In most cases, the judge decides on the papers.

208.3(b) Traps and Tactics

• If no response to your motion is filed: No controversy means no 208.3(b) Praecipe. Instead, file a motion to make rule absolute.
• If the moving party fails to file a praecipe: The non-moving party can force the issue. Under B.C.R.C.P. 208.3(b)(5), the non-moving party sends notice that unless the moving party files a praecipe within 10 days, the non-moving party will file a praecipe to dismiss the application. This is a useful tool when the other side files a motion and then lets it sit.
• Discovery motions are different: Motions to compel discovery and discovery sanctions are not governed by 208.3(b). They follow a separate track under Pa.R.C.P. 4019 and B.C.R.C.P. 4019.

Other Bucks County Local Rules Worth Knowing

• B.C.R.C.P. 208.2(c): Motions must cite a rule, statute, or case supporting the requested relief unless the authority is self-evident
• B.C.R.C.P. 210: Governs the form and content of briefs — formatting requirements, service rules, and argument procedures
• B.C.R.C.P. 212.7: Case management orders — sets deadlines for discovery completion, expert disclosure, and trial readiness
• B.C.R.C.P. 212.8: Case Intervention Program — Bucks County's mandatory mediation/settlement conference program
• Administrative Order No. 88: Every court filing must include a Certification of Compliance with the Public Access Policy. Confidential information (SSNs, account numbers) must be filed on a separate Confidential Information Form — never in the body of the filing.