MOTIONS
§ 1021.91. General.
(a) This section applies to all motions except summary judgment motions and those made during the course of a hearing.
(b) Motions and responses shall be in writing, signed by a party or its attorney and shall be accompanied by a proposed order.
(c) A copy of the motion or response shall be served on the opposing party.
(d) A motion shall set forth in numbered paragraphs the facts in support of the motion and the relief requested.
(e) A response to a motion shall set forth in correspondingly-numbered paragraphs all factual disputes and the reason the opposing party objects to the motion. Material facts set forth in a motion that are not denied may be deemed admitted for the purposes of deciding the motion.
(f) For purposes of the relief sought by a motion, the Board will deem a party’s failure to respond to a motion to be an admission of all properly-pleaded facts contained in the motion.
(g) The moving party may not file a reply to a response to procedural, discovery or miscellaneous motions, unless the Board orders otherwise.
(h) Subsection (b) supplements 1 Pa. Code § 33.11 (relating to the execution) and supersedes 1 Pa. Code § 35.178 (relating to presentation of motions). Subsection (c) supersedes 1 Pa. Code § § 33.32, 33.35 and 33.36 (relating to service by a participant; proof of service; and form of certificate of service). Subsections (d)—(f) supersede 1 Pa. Code § § 35.177 and 35.178 (relating to the scope and content of motions; and presentation of motions).
Source The provisions of this § 1021.91 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709. Immediately preceding text appears at serial pages (313860) to (313861).
Cross References This section cited in 25 Pa. Code § 1021.53 (relating to amendments to appeal or complaint); 25 Pa. Code § 1021.53a (relating to nunc pro tunc appeals); 25 Pa. Code § 1021.133 (relating to reopening of record); and 25 Pa. Code § 1021.153 (relating to amendment of interlocutory orders).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
