Dauphin Cnty. C.P. Rule 208.3(a) - Motion Procedure

RULE 208.3(a) – MOTION PROCEDURE

(1) General Procedure.

(a) Motions are defined in Pa.R.C.P. 208.1. All motions not covered by

Local Rule 208.3 (a)(3) shall be deemed uncontested motions.

(b) In addition to the requirements regarding the content of a motion

found in Pa.R.C.P. 208.2, Dauphin County Local Rules 208.2 (c)

and 208.2(d) regarding concurrence certification, all motions shall

contain the following information:

(i) whether a hearing or argument is requested and the

estimated length of time needed for the hearing or argument;

and

(ii) whether discovery is necessary.

(iii) a copy of the previous Court Order if the motion directly

involves that previous Court Order.

(c) An original and one copy of a motion shall be filed with the

Prothonotary and a copy served on all other parties.

(d) The Prothonotary shall forward the original motion to the Court

Administrator’s Office and shall retain the copy in the file.

(e) All motions and answers or responses thereto shall be

accompanied by a proposed order (or alternative orders). The

proposed order(s) shall contain a distribution legend which shall

include the name(s) and mailing address(es), telephone number(s),

facsimile number(s) and e-mail address(es), if any, of all attorneys

and self-represented parties to be served. The distribution legend

shall identify which party each person represents.

(2) Uncontested Motions.

(a) The Court Administrator’s Office shall determine whether the

uncontested motion should be ruled upon by the Motion Judge or if

it should be assigned to an individual judge for disposition, which

decision shall be final. If the uncontested motion seeks to modify

an order previously issued by the Court, the Court Administrator

shall present it to the judge who signed the previous order, who

may act upon the motion or forward it to the Court Administrator’s

Office for re-assignment.

(b) If the Court Administrator’s Office determines that the uncontested

motion should be assigned to an individual judge, the Court

Administrator’s Office shall assign the motion to a judge who has

had prior significant involvement with the case or, if no judge has

had prior significant involvement, to a judge on a rotating basis.

(c) The Court Administrator’s Office shall forward the uncontested

motion to either the Motion Judge or the Assigned Judge for

disposition as aforesaid.

(d) The Assigned Judge or Motion Judge, as the case may be, shall

review the motion and issue an appropriate order pursuant to

Pa.R.C.P. 208.4.

(e) If the Assigned Judge determines that argument is advisable to be

heard before a three-judge panel, the Assigned Judge and the

Court Administrator’s Office shall make the necessary scheduling

arrangements for such panel argument.

(3) Contested Motions.

A party filing a contested motion or a motion deemed contested pursuant

to Dauphin County Local Rule 208.3(b)(1) shall follow the procedure set

forth in Dauphin County Local Rule 208.3(b).

(4) Emergency Motions:

(a) Motions that genuinely require an expedited disposition shall be

designated as Emergency Motions by the filing party and clearly

indicated as such in the title of the motion contained on the first

page thereof.

(b) The attorney or self-represented party shall promptly notify the

Deputy Civil Court Administrator’s Office by telephone as soon as it

is determined that an Emergency Motion will be filed, and shall give

the Deputy Civil Court Administrator’s Office a realistic estimate of

the date and time of the intended filing, a description of the

background of the motion, and the requested relief.

(c) An original and one copy of the Emergency Motion shall be filed

with the Prothonotary.

(d) After filing, the original shall be hand-carried by counsel or the self-represented party to the Deputy Court Administrator’s Office, and

the Prothonotary shall retain the copy in the file. When handing the

emergency motion to the Deputy Court Administrator’s Office, the

filing party shall advise the Office that the filing is an emergency.

(e) The Court Administrator’s Office shall assign the Emergency

Motion to a judge to be resolved as soon as practical.

(5) Except for motions seeking to modify previous orders, see Local Rule

208.3(a)(2)(a), all issues relating to the administration, filing, and

processing of judicial assignments relating to motions shall be under the

direction and supervision of the Civil Calendar Judge.

(6) Additional rules regarding discovery motions are found in Local Rule 4019,

especially those relating to a Motion for Sanctions.

COMMENT: Rule 208.3(a) is amended to provide instructions regarding

contested and uncontested motions.