Erie Cnty. C.P. ErieCountyLocalRulesCivilProcedure Rule 440

(a) Prior to the presentation to the Court of any motion or petition requesting an

immediate Order of Court, (except for a motion or petition filed under Pa.R.Civ.P.

153l(a) or a Rule to Show Cause which grants no relief), opposing counsel and

unrepresented parties must be given two (2) full business days' notice by personal

delivery, email or facsimile transmission to each party or their counsel's office, or

five (5) full business days' notice ifby mail. The notice must give the date and time

when the motion or petition will be presented to the Court and must accompany a

copy of the proposed motion and order. The motion or petition must contain a

certificate signed by counsel verifying that proper notice was given under this Rule.

Service by email is allowed if, pursuant to Pa.R.Civ.P. 205.4(g), the parties have

agreed to service by electronic transmission or have provided an email address in

an appearance or other legal paper that has been filed in that civil action.

(b) The Certificate ofNotice shall be in the following form:

CERTIFICATE OF NOTICE

I certify that on (Date of Notice) I gave notice to all counsel ofrecord and unrepresented

parties, of my intention to present the within Petition/Motion to the Court on -

________(Date of Presentation) by

(a) first class mail

(b) facsimile transmission

(c) email

(d) hand delivery

(Name of Counsel)

(c) The Court will not enter an order on a petition or motion without the Certificate of

Notice being attached unless special cause be shown to the Court.

OFFICIAL RULES COMMITTEE COMMENT:

The intention of this Rule is to provide opposing counsel or parties with two (2) full

business days' notice from the date of fax, email or personal delivery, and five (5) full business

days' notice from the date of deposit in the U.S. mail. For example, if a motion is to be presented

on Thursday at 9:00 a.m., the notice of intent to present the motion must be delivered or faxed

before 9:00 a.m. on the preceding Tuesday. If notice is given by mail, it must be postmarked no

later than the Wednesday of the preceding week.

MISCELLANEOUS MATTERS