Rule 303. Amendments to Pleadings; Consolidation; Withdrawal.
(A) Amendments. Upon motion, the Court or the Conference Judge may permit amendments to a Board Complaint with the written consent of the Judicial Officer or after hearing in open court where the Judicial Officer fails to demonstrate undue prejudice. Any party may file any other amended pleading by consent of the other party or by leave of court. The proposed amended pleadings shall be attached to any motion to amend.
(B) Consolidation.
(1) The Conference Judge may, for purposes of trial, upon his or her own motion, after notice to the Board and the Judicial Officer, or upon motion of the Board or the Judicial Officer, consolidate some or all of the charges against an individual Judicial Officer contained in separate Board Complaints filed pursuant to Rule 301(A).
(2) The Conference Judge may, on his or her own motion, and after notice to the Board and the Judicial Officer, consolidate two or more Board Complaints against an individual Judicial Officer for purposes of imposing sanctions pursuant to Rule 504.
(3) In matters pending before the Court which involve a common question of law or fact or which arise from the same transaction or occurrence, a Conference Judge may, for any purpose, upon his or her own motion, after notice to the Board and the Judicial Officers, or upon motion of the Board or a Judicial Officer, order the matters consolidated, and may make orders which avoid unnecessary costs or delay.
(C) Withdrawal. Upon motion, a Board Complaint may be withdrawn by the Board with the written consent of the Judicial Officer or after a hearing in open court where the Judicial Officer fails to demonstrate undue prejudice. Such undue prejudice may occur at the time of withdrawal or at the time of possible future refiling.
Official Note
This rule is derived from former interim Rule 18.
Source The provisions of this Rule 303 adopted March 16, 1994; effective March 16, 1994; amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995; amended May 5, 1998, effective immediately, 28 Pa.B. 2283; amended April 12, 2016, effective immediately, 46 Pa.B. 2033. Immediately preceding text appears at serial page (326020).
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