Rule 208.4. Initial Consideration of Motion. Court Orders. Issues of Disputed Fact.
(a) At the initial consideration of a motion, the court may enter an order that
(1) disposes of the motion, or
(2) sets forth the procedures the court will use for deciding the motion which may include one or more of the following:
(i) the filing of initial or supplemental responses,
(ii) the filing of initial or supplemental briefs,
(iii) the filing of affidavits, depositions and the like,
(iv) the issuance of a rule to show cause pursuant to subdivision (b) of this rule,
(v) the holding of an evidentiary hearing, and
(vi) the entry of an order providing for any other procedure for developing the record.
(b)(1) If the moving party seeks relief based on disputed facts for which a record must be developed, the court, upon its own motion or the request of any party including the moving party, may enter an order in the form set forth in paragraph (2) providing for the issuance of a rule to show cause. The procedure following issuance of the rule to show cause shall be in accordance with Rule 206.7.
Official Note
A court will not necessarily utilize the rule to show cause procedure of subdivision (b) because other methods for developing the record, such as the filing of affidavits, may be the most efficient and appropriate manner for developing a record.
(2) The order required by paragraph (1) shall be substantially in the following form:
(Caption)
ORDER AND NOW,
, upon consideration of the foregoing motion, it is Date
hereby ordered that(1) a rule is issued upon the respondent to show cause why the moving party is not entitled to the relief requested;
(2) the respondent shall file an answer to the motion within
days of this date;(3) the motion shall be decided under Pa.R.C.P. No. 206.7;
(4) depositions shall be completed within
days of this date;(5) argument shall be held on
in Courtroom
of the Date
County Courthouse; and(6) notice of the entry of this order shall be provided to all parties by the moving party.
By the Court
J.
Official Note
In counties in which an evidentiary hearing is held, the order should be modified by deleting paragraphs (4) and (5) and substituting new paragraph (4) to read as follows:
(4) an evidentiary hearing on disputed issue of material fact shall be held on
in Courtroom
of the
County Courthouse.The court may provide in the order for disposition upon briefs rather than oral argument.
The court has inherent power to permit forms of discovery other than depositions.
The court may provide in the order for the filing of briefs.
Source The provisions of this Rule 208.4 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506.
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