Chester Cnty. C.P. Court of Common Pleas Civil Rules Rule 208.3(a)

(1) Generally, motions may be used to obtain relief upon undisputed facts of record, with several exceptions, one of which shall be

that averments by counsel that pleadings, documents or discovery requests have been exchanged or transferred. In the latter

event copies of all such documents shall be attached, unless already in the record, in which event they can be incorporated by

reference. Every motion shall be signed by its moving counsel or party.

(2) The motion or reply should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely

“motion,” it should be designated Defendants’ Motion for Sanctions Against Plaintiff or Additional Defendant’s Second Motion

for Sanctions Against Defendant Smith, etc.).

(3) To promote uniformity of civil practice the following types of discovery matters shall be treated as motions, not as petitions,

even though they may contain limited assertions of fact not of record:

a) motion for sanctions for failure to answer interrogatories;

b) motion for sanctions to failure to produce documents or things;

c) motion for sanctions for failure to appear for deposition;

d) motion to compel mental or physical examination;

e) motion to compel further answers to interrogatories;

f) motion to compel further production of documents.

See Form E on Page 68

(4) Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in

C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following

motions:

(i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to

interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for

his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the

motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the

motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or

any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party

believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above;

(ii) any motion supported by a stipulation of counsel.

(5) If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring

the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the

court may consider the movant to have abandoned his or her position.

Comment: See C.C.R.C.P. 1035.2 (a) and Pa. R.C.P. 1035.1 et seq. with regard to motions for summary judgment.