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If rescinded there will be uncertainty as to whether you will ever have oral argument on Motions.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 argument.
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