Fayette Cnty. C.P. Local Rules and Administrative Orders - Amended March 12,... Rule 208.3(a)

(1) In order to provide a uniform means of presenting to the Court all

matters which require action by the Court, Motions Court will be held daily at 9:00

o’clock A.M. in the courtroom of the Motions Judge. The name of the assigned Motions

Judge for each day shall be published periodically in the Fayette County Legal Journal.

(2) All applications for Court action, including motions, petitions, and

those other applications specifically listed in Pa.R.C.P. 208.1 (b)(1) and (2), shall be

presented to the Court by following this Motions Court procedure. The party presenting

the motion to the Court is to select the day on which the motion will be listed for Motions

Court.

(3) As used herein, the term “motion” shall include every type of

motion, petition, or other application for action by the Court, and shall be designated as

either “Priority” or “Routine”, presentation of the latter not requiring the presence of the

parties or counsel for either side. By definition, a “priority” motion is one which may be

subject to contest or is so unusual as to require discussion or explanation, while

“routine” motions include all other applications, such as uncontested matters to which

the parties have consented in writing, requests for hearing, or requests for later

argument. All priority motions will be presented to the assigned Judge in Motions Court.

(4) All motions and other applications for Court action presented as

uncontested require certification as such, if no joinder has been attached.

(5) All motions filed and served pursuant to this rule shall include a

Certificate of Service, signed by the party’s attorney, or the party if unrepresented,

setting forth the date and manner of service (personal delivery, mail, facsimile), and the

names, addresses and phone numbers of the persons served. The Certificate of

Service shall be substantially in the following form:

CERTIFICATE OF SERVICE

I hereby certify that I am this day serving the within document upon the persons and

in the manner indicated below.

1. Service by regular mail:

(Name of person served)_____,____Phone Number___

Address; (and/or)

2. Service by facsimile at FAX number _________:

(Name of person served)_____, ____Phone number___

Address; (and/or)

3. Service in person:

(Name of person served)_____, ____Phone number___

Address

Date:____________ Signature__________________

(6) All motions shall be accompanied by a Certificate of Presentation

as set forth in FCR 208.3(a)(12).

(7) All motions and other applications for Court action must set forth a specific

citation to relevant constitutional provisions, case law, statutory provisions or rules that

provide the Court’s authority to grant the relief requested. Said citation shall be placed

on a Certificate of Presentation.

(8) The moving party shall file the original motion, Certificate of

Presentation, and any attachments in the appropriate office before presentment in

Motions Court. An original proposed order, a copy of the Certificate of Presentation,

Certificate of Service, and the motion, assembled in that order, shall be delivered to the

Court Administrator and every other party of record. Such copies and notice shall be

given so as to be received at least two (2) business days before presentation in Motions

Court, unless there are emergency circumstances specified in the motion requiring

presentation within a shorter time.

(9) The Court Administrator shall maintain a Motions Docket and shall

make daily entries of all motions filed and the disposition thereof.

(10) The Court Administrator shall assign any motion not otherwise

assigned to a Judge for disposition.

(11) Failure to accurately provide the information required by paragraph

(12) below may result in the matter not being listed for Motions Court.

(12) The Certificate of Presentation shall be substantially in the following

form:

IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY,

PENNSYLVANIA

:

:

:

:

: NO. ________OF________

CERTIFICATE OF PRESENTATION

1. The undersigned, ______________, represents ____________, the moving party

herein.

2. The attached motion will be presented in Motions Court on __________,

_______________, 20____ at 9:00 o’clock A.M.

3. The attached motion shall be classified as a Routine/Priority motion. (If the motion is

Routine, parties or counsel are not required to be present in Motions Court.

4. Judge __________ has been assigned or has previously ruled on a matter relevant

to this motion. (See attached relevant ruling.)

5. The SPECIFIC citation for the Court’s authority to grant the relief requested is

_______________.

6. Estimated time for hearing or argument to resolve the motion on its

merits:_____________.

Respectfully submitted,

_______________________

Date: _____________

NOTE: Adopted June 29, 2004, effective July 26, 2004. Amended July 29,

2004, effective August 5, 2004. Amended February 8, 2005, effective March 4,

2005.