Erie Cnty. C.P. ErieCountyLocalRulesCivilProcedure Rule 208.3(a)

NON-DISPOSITIVE. PROCEDURES

(1) This rule describes the procedures governing non-dispositive motions within the

scope of Pa.R.Civ.P. 208.1.

(2) The original of any motion shall be filed with the Prothonotary and a copy thereof

shall be provided to the assigned judge. If a judge has not yet been assigned, the

moving party shall first submit a request for judicial assignment with the trial court

administrator. (See Erie L.R. 302 with respect to the filing of requests for judicial

assignment.) The judge to whom the case has been assigned may schedule argument

and, if granted, either notify all parties or advise the moving party to notify all other

parties of the time, date and location of argument. (See Pa.R.Civ.P. 211, noting the

granting of argument is discretionary with the Court.)

(3) After any order is issued by the Court relating to a motion, whether such order

grants or denies the relief requested, schedules argument thereon or deals ,vith any

other related matter, and unless the order states otherwise, the moving party shall

immediately file the original of said order with the Prothonotary and

contemporaneously therewith shall serve a copy of said order on all other counsel

and unrepresented parties.

(4) If the Court schedules argument, or if the moving party notifies opposing counsel

and/or the parties that a motion will be presented to a judge at a specific time and

then fails to appear, the Court, upon motion, will consider an appropriate sanction

including, but not limited to, an award of attorney's fees.

(5) (a) Civil Motion Court shall be held Monday, Tuesday, Wednesday, and Thursday at

9:00 A.M. The only motions presented shall pertain to cases in which no judicial

assignment has yet been made. (See Erie L.R. 208.2(c)-208.3(b), generally, for

procedure in matters where a complaint has been filed.).

(b) The Court Administrator shall publish a schedule of the judges assigned to hear

motions in those civil cases where no judicial assignment has yet been made.

(c) The moving party desiring to have such summary determination of a motion or

petition must notify opposing counsel and any opposing unrepresented party of their

intention to argue the motion or petitions before the Court at such time, in accordance

-with Erie L.R. 440. The Court may refuse to hear argument on such motions or petitions

unless counsel for each side is present.

(d) The moving party shall attach to the motion or petition the proposed order