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Rule 208.3(b) – Motion Practice. Rule to Show Cause. Disposition of Motions

May 14, 2021 | Civil Procedure, Pennsylvania

(1)Filing. All other “motions” as defined by Rule 208.1, excepting those listed above in Local Rule 208.3 (a), shall be governed by this Rule. All such motions shall be faced with a cover sheet of the moving party in the form set for the in Local Rule 205.2 (b) and shall be accompanied by the moving party’s proposed order. The motion, together with the cover sheet, shall be presented to the Court Administrator, after filing with Prothonotary, for a return day on the rule.
(2)Listing. Excepting motions for sanctions or contempt of a prior court order, the Court Administrator shall fix promptly a return day which shall not be less than thirty (30) days from the date of filing of said motion, and the moving party shall forthwith serve the respondent with a copy of the motion and the cover sheet indicating the return day thereon. The moving party shall thereafter file a certification that the motion and the rule return date were served upon all parties, in substantially the following form:

See Form Certificate of Service

Motions for sanctions or contempt of a prior court order shall be forwarded by the Court Administrator to the assigned Judge for the scheduling of a hearing. Motions that are alleged to be “emergencies” will not initially be given a rule return date, but rather the Court Administrator will forward the emergency motion to the assigned Judge. If the matter is deemed to be an emergency by the assigned Judge, the Judge will process the matter accordingly. If the matter is not deemed to be an emergency, the matter will be returned to the Court Administrator for listing pursuant to this Rule.

All pre-trial motions that are filed after the underlying case has been praeciped for or ordered on the trial list will be made rule returnable “at time of trial.”

(3)Response. At or before the call of the list on the return day, the respondent shall file an answer to the motion, even if there are no contested issues of fact. The answer shall be faced with the respondent’s cover sheet in the form set forth set in Rule 205.2 (b) and shall be accompanied by a proposed order.
(4)Initial Consideration of Motion-Rule Return Day. On the return day, the Court Administrator or his/her designee shall call all matters listed. If a response is not filed to the motion at or before the call of the list, the court will treat the motion as uncontested, and grant the requested relief, if appropriate, and if a proper certificate of service was filed pursuant to Local Rule 208.3 ( b) ( 2). In the absence of a proper certificate of service, the motion will be stricken.

Matters relating to discovery in which responses have been filed will proceed by Local Rule 4019*. Motions raising appealable matters in which responses have been filed will proceed pursuant to section (2) herein. All other matters (interlocutory) in which responses have been filed will forthwith be referred to the assigned Judge for disposition, including argument, if requested.

(5)Praecipe. On all motions raising appealable matters in which responses have been filed, the Court Administrator, after the return day, will issue an order directing the completion of discovery, if necessary, within sixty (60) days of the date of the order. Upon completion of discovery, if necessary, any party may file with Prothonotary, in duplicate, a praecipe for argument in the form set forth herein, including a certification that a copy thereof has been served upon all other parties. The Prothonotary shall forthwith deliver a copy of the praecipe to Court Administration. The praecipe shall be in the following form:
(6)Briefs. For motions raising appealable matters, the brief of the moving party shall filed in the Prothonotary’s Office within thirty (30) days of the filing of the praecipe for argument, unless otherwise directly by the assigned Judge. Regarding appealable matters, the brief of the respondent shall be filed within thirty (30) days of the date of the filing of the moving party’s brief.

For motions railing interlocutory matters, where the Court order briefs, the brief of the moving party shall be filed in the Prothonotary’s Office within thirty (30) days of the date of said order and respondent’s brief shall be filed within thirty (30) days of the filing of the brief of the moving party, unless otherwise directed by the assigned Judge. A party may also voluntarily file a brief regarding interlocutory matters even though not specifically directed by the Court.

If the brief of either party is not timely filed, either per the directive of this Rule or by order of the Court, the assigned Judge may:

(a) Dismiss the motion where the moving party has failed to comply;
(b) Grant the requested relief where the respondents has failed to comply, except that no civil action of proceeding shall be dismissed for failure to comply;
(c) List the matter for argument, at which time only the complying party shall be heard; or
(d) Impose such other sanctions upon the non- complying party as the Judge shall deem proper
(7)Disposition. Once briefs, if required, are filed, the matter shall be referred to a Judge for disposition. If oral argument was requested by either party on their respective cover sheets or the argument praecipe, the matter may be scheduled for argument. If oral argument was not requested by either party, the Judge may direct the scheduling of argument, or may simply decide the matter upon the filings.

231 Pa. Code ยง 208.3(b)

Amended by Pennsylvania Bulletin, Vol 45, No. 52. December 26, 2015, effective 12/26/2015