HomeMy WebLinkAbout39- 208.3. Answers to Motions.
Adopted by Order of Court dated February 7, 2001 Published at 31 Pa. Bulletin 1139 (February 24, 2001) Amended by Order of Court dated January 27, 2005 Published at 35 Pa. Bull. 1334
(February 19, 2005) Amended by Order of Court dated October 29, 2010 Published at 40 Pa. Bull. 6642 (November 20, 2010) Rule 39-208.3. Answers to Motions. 39-208.3(a)(i). A motion or
answer may be filed, delivered or mailed to the Prothonotary as set forth in Pa.R.C.P. 205.1. Upon receipt, the Prothonotary shall mark it filed and deliver it to the Court Administrator.
Alternatively, a motion may be presented to the court at any open session, or to the assigned judge’s law clerk or to the assigned judge in chambers at such time as the court may set.
(ii) Emergency motions in cases already assigned to a specific judge should be filed and then delivered directly to Court Administration or to the assigned judge's chambers for handling
and, in cases not already assigned, should be directed to the Court Administrator for assignment. ((iii) Unless permitted by the court to be made or taken orally, all motions shall be
in writing and shall be verified if the facts do not appear on the face of the record. (iv) The proper order to be made by the court upon a motion shall be prepared by counsel and attached
to the motion at the time of filing. Any order signed by the court shall be promptly filed. (v) All motions other than those made at trial shall be served, along with any order entered
or any order proposed to be entered, upon all other parties in accordance with Pa.R.C.P. 440(a). All such service shall be evidenced by either a certificate of service attached at the
time of filing or by an affidavit of service filed separately. (vi) Motions may be decided without oral argument. For those Motions for which a party requests argument of for which the
Court requires argument, the Court may issue an order scheduling argument or the motion may be argued by following the procedure set forth in Local Rule 211 et seq. 39-208.3(b). Except
for those those Motions which are uncontested by their terms, each responding party shall file an Answer which shall contain supporting authority for the relief sought or which shall
be accompanied by a brief at the time of filing. Each Answer shall also have attached at the time of filing the order which is sought by the answering party. Answers other than those
to Motions for Summary Judgment shall be filed not later than 20 days after the date of service of the Motion as evidenced by a certificate or affidavit of service unless the time for
filing is modified by court order; or unless earlier required in the interests of justice; or as soon as possible in the case of emergency motions.