Rule 239.5.Preliminary Objections. Local Rule 1028(c).

Adopted October 24, 2003 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 239.5 requires every court to promulgate Local Rule 1028(c) describing its procedures for disposing of preliminary objections, and excludes family-law actions and eminent-domain proceedings from the rule.

Full Text of Rule 239.5

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(a) Every court shall promulgate a local rule, numbered Local Rule 1028(c), which describes the court’s procedures for the disposition of preliminary objections and which

(1) shall set forth the manner in which preliminary objections are scheduled, argued and decided, and

(2) may impose requirements upon a party to

(i) transmit the original and/or copies of the preliminary objections and related legal papers to a judge or other court personnel,

(ii) notify other parties of the date, time and location of a court proceeding, and

(iii) file briefs.

(b) This rule shall not apply to family law actions governed by Rules 1901 through 1940.9 or actions pursuant to the Eminent Domain Code of 1964.

End

Plain-English Summary

This rule directs how each county handles preliminary objections. Every court must promulgate a local rule numbered Local Rule 1028(c) that sets out how preliminary objections are scheduled, argued, and decided, and that may require transmitting papers to the court, notifying other parties, and filing briefs.

The requirement has limits. It does not apply to family-law actions governed by Rules 1901 through 1940.9 or to actions under the Eminent Domain Code.

Frequently Asked Questions

How are preliminary objections handled in each county?

Under Local Rule 1028(c), which every court must promulgate to describe how preliminary objections are scheduled, argued, and decided. The rule does not apply to family-law or eminent-domain matters.

Official Note

Official Note: Under Rules 1026 and 1029, an answer to preliminary objections shall be filed within twenty days after service of the preliminary objection whenever preliminary objections raise issues of fact and are endorsed with a notice to plead. This requirement shall not be altered by a local rule.

Amendment History

The provisions of this Rule 239.5 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506.

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: local rule 1028(c)preliminary objections procedure