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PA Bulletin, Doc. No. 98-660

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

[207 PA. CODE CH. 7]

Amendment to the Rules of Procedure; Doc. No. 1 JD 94

[28 Pa.B. 2025]

Order

Per Curiam

   And Now, this 23rd day of March, 1998, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having: (1) Adopted proposed new Rules of Procedure 704 and 705, and (2) Renumbered former Rules of Procedure 704, 705 and 706, as more specifically hereinafter set forth, It Is Hereby Ordered:

   That Court Administrator Wanda W. Sweigart provide for the publication of the Amendment in the Pennsylvania Bulletin, and

   That interested parties shall submit suggestions, comments, or objections no later than thirty days from the publication of this Order in that Bulletin.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

ARTICLE III.  OTHER PROCEEDINGS

CHAPTER 7.  OTHER RELIEF

Rule 704.  Motion to Dismiss.

   (A)  Any party may file a motion to dismiss the petition on any legal ground within 14 days after the service of the petition unless the Court shortens or lengthens the time for filing such motion.

   (B)  The motion shall state with particularity the grounds for the motion and the facts and legal principles which support each ground. The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.

Rule 705.  Reply to Motion to Dismiss.

   (A)  Any party may file a reply to the motion to dismiss within 10 days of the filing of the motion unless the Court shortens or lengthens the time for filing such reply.

   (B)  The reply shall be divided into consecutively numbered paragraphs corresponding to the numbered paragraphs of the motion. The reply shall meet the allegations of the motion.

[Rule 705.]  Rule 706.  Preliminary Motions.

   (A)  Preliminary motions in a matter other than one commenced by the filing of formal charges may be decided by a Conference Judge appointed by the President Judge for that purpose. The Conference Judge may schedule a hearing or argument on the motion, as is appropriate, or may defer any ruling to be decided by the Court. No ruling on a preliminary motion shall constitute a final order for the purpose of appeal.

   (B)  A decision by the Conference Judge which has the effect of terminating a proceeding based on a Petition for Relief shall be reviewed by the full Court. A majority vote shall be required to sustain such a decision.

[Rule 704.]  Rule 707.  Verification.

   A petition [or], answer, motion or reply which sets forth facts which do not already appear of record, shall be verified by [some person having knowledge of the facts] the party filing it or by counsel for the Board, subject to penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C.S. § 4904.

[Rule 706.]  Rule 708.  Hearing or Argument.

   The Court may schedule argument or an evidentiary hearing on the petition.

[Pa.B. Doc. No. 98-660. Filed for public inspection May 1, 1998, 9:00 a.m.]


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