Motions and Petition Procedure; No. 96-1298
[26 Pa.B. 3633]
Administrative Order 8-1996
And Now, this 25th day of June 1996, it is hereby
Ordered and Decreed that the following Local Rule be and is hereby Promulgated to become effective thirty (30) days after publication in the Pennsylvania Bulletin.
In accordance with Pa.R.C.P. 239, seven (7) certified copies of this order shall be filed with the Administrative Office of the Pennsylvania Courts; two (2) certified copies shall be forwarded to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and one (1) certified copy shall be filed with the Civil Procedural Rules Committee.
By the Court
JOHN P. LAVELLE,
Rule L206.1. Motions and Petitions Procedure.
(1) Motions, Petitions, and Continuances.
(A) Motions, Petitions, and Continuances shall be submitted to the Civil Filing Office along with the requisite filing fee, without the necessity of presentation to the Court. These matters shall include, but not be limited to, routine Rules to Show Cause, Requests for Hearings, Discovery Motions, Child Custody matters, Requests for Alternative Service, Quiet Title matters, Change of Name proceedings, and Motor Vehicle and Liquor License Suspension Appeals.
(B) After the motion or petition is filed and time stamped, it shall be forwarded by the Civil Filing Office to the Motions and Petitions Coordinator in the Office of Court Administration for Court action and/or scheduling. The Motions and Petitions Coordinator shall return the Order or Rule to the Civil Filing Office in order to conform all copies. The Civil Filing Office shall then file the original signed order and forward by regular mail to each attorney of record or unrepresented party a copy of the Petition or Motion together with the conformed copy of the Order or Rule.
(C) A rule to show cause shall be issued at the discretion of a judge of the court as contemplated by Pa.R.C.P. 206.5. The court, upon its own initiative, may schedule an evidentiary hearing on disputed issues of material fact and may, in its own discretion, provide for disposition of the matter on briefs without the necessity of oral argument. In such instances, the court shall establish a briefing schedule in its initial order.
(D) Uncontested Continuances will be accepted by mail providing they are received at least three (3) working days in advance of the scheduled event. The filing office should stamp the continuance filed and then forward said continuance to the Motions and Petitions Coordinator, who will, in turn, present it to the assigned Judge for disposition and signature. After the continuance is acted upon, it will be delivered to the filing office for completion of docketing and the mailing of the copies. If the continuance is received less than three (3) working days before the scheduled event, the attorney will be required to personally present it to the Motions and Petitions Coordinator for processing.
(2) Filing Requirements. All Motions and Petitions subject to this rule shall be accompanied by the following items in the following order:
(A) A completed cover sheet in the Form of Exhibit ''A'';
(B) A proposed order (and rule to show cause, if necessary);
(C) Stamped, addressed envelopes for each attorney of record and unrepresented party;
(D) Sufficient copies of the Petition, Motion and proposed Order or Rules for each attorney of record and unrepresented party; and
(E) Memorandum of Law, if Motion or Petition is contested.
(F) All Motions and Petitions shall be in writing, signed by a party or counsel of record and shall contain the caption of the case, the name, address, telephone number and Supreme Court identification of counsel for the moving party and the names and addresses of adverse parties and their attorneys.
(3) No motion for a preliminary injunction shall be filed unless a complaint in equity has already been docketed in the Civil Filing Office. Upon the filing of said complaint, the attorney presenting said motion shall attach to his motion a copy of his complaint and an affidavit that a preliminary injunction is an appropriate relief. This motion shall then be presented to the Motions and Petitions Coordinator who will present it to the assigned judge.
For any motion for a Temporary Restraining Order to be considered, a brief must be filed prior to the preliminary injunction hearing. The brief shall address, with particularity, why irreparable harm will result if an injunction is not granted and why an adequate remedy at law is not available.
(4) Response Requirements. Any party opposing the Motion or Petition shall file the following documents with the Civil Filing Office no later than 4:30 p.m. on the date twenty (20) days after the date of the signing of the Court Order or Rule to Show Cause:
(A) Completed cover sheet in the form of Exhibit ''A'';
(B) Proposed order;
(C) Answer to the Motion or Petition (if necessary);
(D) Copy of a transmittal letter to each counsel of record and/or unrepresented party; and
(E) A Memorandum of Law.
The filing party shall immediately serve copies of all documents filed in the Civil Filing Office on each attorney of record and unrepresented party.
(5) Discovery Motions. Any Motion relating to discovery must be accompanied by a Certificate signed by counsel for the moving party certifying that counsel has conferred with opposing counsel with respect to each matter set forth in the discovery Motion and was unable to resolve the differences which exist. Said Certificate shall set forth the exact time and place of the conference or consultation. Where counsel for the moving party cannot furnish the required Certificate, he shall furnish an alternate Certificate stating that opposing counsel has refused to so meet and confer and stating such other facts and circumstances supporting the absence of the required Certificate and movant's efforts to obtain compliance by opposing counsel. (NOTE: This Rule is borrowed from Rule 4 of Local Rules for Fed. Dist. Ct. of Western PA).
(6) The Court shall not act upon any Petition or Motion which does not conform with the provisions of this Rule.
CARBON COURT OF COMMON PLEAS
MOTION COURT COVER SHEET
FILING OF: __________
Movant ( )
Respondent ( )
____ Assigned Judge
____ Court Action Taken
____ Returned to Attorney for Deficiencies
____ Action Deferred by Court
For Court Use Only
TYPE OF FILING (check one):
( ) 1. Pretrial Discovery Motion (432)
( ) 2. Motion for Discovery in Aid of Execution (480)
( ) 3. Preliminary Objections to (576) __________
( ) 4. Motion for Summary Judgment (306)
( ) 5. Motion for Judgment on Pleadings (294)
( ) 6. Petition for Leave to Join Additional Defendant (403)
( ) 7. Petition for TRO or Preliminary Injunction (438)
( ) 8. Petition to Open or Strike Judgment (498)
( ) 9. Petition for Alternative Service (409)
( ) 10. Petition for Leave to Amend (465) __________
( ) 11. Petition to Consolidate Actions (424)
( ) 12. Petition to Compromise Minor's Action (435)
( ) 13. Petition for Leave to Withdraw (510)
( ) 14. Petition for Reconsideration (441)
( ) 15. Petition for Advancement on Trial List (404)
( ) 16. Other Motion or Petition (specify):
( ) 17. Response to:
Attorney's Name (Typed) __________
Attorney for: __________
( ) Movant ( ) Respondent
N.B. The numbers after the Motion or Petition above are docket codes used in the Court Computer System. Please be precise when checking your Motion or Petition.
[Pa.B. Doc. No. 96-1249. Filed for public inspection August 2, 1996, 9:00 a.m.]
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