Current through Register Vol. 54, No. 49, December 7, 2024
Rule 239.3 - Motions. Local Rules 208.2(c), 208.2(d), 208.2(e), 208.3(a) and 208.3(b)(a) A court may impose a requirement that a motion include a brief statement of the applicable authority. A court which has imposed this requirement must promulgate a local rule, numbered Local Rule 208.2(c), stating the requirement.(b) A court may impose a certification requirement for motions that are presented as uncontested. A court which imposes such a certification requirement must promulgate a local rule, numbered Local Rule 208.2(d), stating the requirement.(c) A court may require any motion relating to discovery to include a certification signed by counsel for the moving party certifying that counsel has con-ferred or attempted to confer with all interested parties in order to resolve the matter without court action. A court which requires such a certification must promulgate a local rule, numbered Local Rule 208.2(e), stating the requirement.(d) Every court shall promulgate a local rule, numbered Local Rule 208.3(a), which describes the court's motion procedure under Rule 208.3(a). Local Rule 208.3(a)(1) shall describe the manner in which (i) motions are scheduled, argued and decided and(ii) emergency motions are scheduled, argued, and decided if they are governed by a different procedure, and(2) may impose requirements upon a party to(i) transmit the original and/or copies of the motion and related legal papers to a judge or other court personnel; and(ii) notify other parties of the time, date and location of a court proceeding.(e) If, pursuant to Rule 208.3(b), a court has imposed requirements for the filing of a response, a brief or both with respect to designated motions, the court shall promulgate a local rule, numbered Local Rule 208.3(b), which lists those motions and requirements and which describes the court's motion practice under Rule 208. 3(b). Local Rule 208.3(b) shall conform to the requirements of subdivision (d) of this rule and may provide that the motion shall be treated as uncontested if a response is not filed.The provisions of this Rule 239.3 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506; amended October 15, 2004, effective immediately, 34 Pa. B. 5889.