On April 4, 2014, I blogged that the Pennsylvania Supreme Court was considering rescinding Pa Rule of Civil Procedure 211 which provides in part that "any party or the party's attorney shall have the right to argue any motion".
While the Pa Supreme Court did not rescind Pa Rule of Civil Procedure 211, it did revise the rule which will have the same effect of rescinding the rule. Effective January 1, 2016 there is no longer a right to oral argument on Motions filed in Courts of Common Pleas in Pennsylvania. The revised rule eliminates all the language that is contained in the current rule and provides that it is up to the discretion of the Court whether to grant oral argument. The commentary issued with the rule change provides that purpose of the amendment in to bring the rule into conformity with applicable case law.
Local Bar Associations should consider recommending rule changes to the local rules of civil procedure if the Bar Association considers the right to oral argument an important right. I know some counties now do not automatically grant oral argument. However, others by practice and/or procedure do grant that right.
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