Current through Register Vol. 54, No.43, October 26, 2024
Section 1021.91 - General(a) This section applies to all motions except summary judgment motions and those made during the course of a hearing.(b) Motions and responses shall be in writing, signed by a party or its attorney and shall be accompanied by a proposed order.(c) A copy of the motion or response shall be served on the opposing party.(d) A motion shall set forth in numbered paragraphs the facts in support of the motion and the relief requested.(e) A response to a motion shall set forth in correspondingly-numbered paragraphs all factual disputes and the reason the opposing party objects to the motion. Material facts set forth in a motion that are not denied may be deemed admitted for the purposes of deciding the motion.(f) For purposes of the relief sought by a motion, the Board will deem a party's failure to respond to a motion to be an admission of all properly-pleaded facts contained in the motion.(g) The moving party may not file a reply to a response to procedural, discovery or miscellaneous motions, unless the Board orders otherwise.(h) Subsection (b) supplements 1 Pa. Code § 33.11 (relating to the execution) and supersedes 1 Pa. Code §35.178 (relating to presentation of motions). Subsection (c) supersedes 1 Pa. Code §§33.32, 33.35 and 33.36 (relating to service by a participant; proof of service; and form of certificate of service). Subsections (d)-(f) supersede 1 Pa. Code §§35.177 and 35.178 (relating to the scope and content of motions; and presentation of motions).The provisions of this §1021.91 amended June 28, 2002, effective 6/29/2002, 32 Pa.B. 3085; amended November 29, 2002, effective 11/30/2002, 32 Pa.B. 5883; amended February 10, 2006, effective 2/11/2006, 36 Pa.B. 709. This section cited in 25 Pa. Code § 1021.53 (relating to amendments to appeal or complaint); 25 Pa. Code § 1021.53a (relating to nunc pro tunc appeals); 25 Pa. Code § 1021.133 (relating to reopening of record prior to adjudication); and 25 Pa. Code § 1021.153 (relating to amendment of interlocutory orders).