As amended through June 5, 2015
Rule 208.3(a) - Presentation Of Motions And Petitions(1) All motions and petitions requesting an Order of Court shall be filed with the Prothonotary's Office, which shall forward the motion or petition to the Court Administrator's Office for further processing.(a) Exceptions: The following motions or petitions shall be filed directly with the Court Administrator's Office, which will forward them to the appropriate judge: (i) Motions for Continuance, except with respect to juvenile, custody and domestic matters. B.L.C.R. 216.1.(ii) Petitions for Court approval of stipulations or agreements.(iii) Notice of Argument/Hearing, or agreed upon Order, may be presented to the Court Administrator's designee immediately prior to the beginning of Motions Court. The Court Administrator's designee will then assign a date and time and will submit the Notice of Argument/ Hearing or Order for the judge to execute said Order without counsel being present. B.C. L.R. 301.(b) Counsel shall always prepare and submit with any motion or petition a proposed order granting the requested relief.(c) The movant and respondent shall serve copies of their respective filings upon the opposing party at the time such filings are promptly time-stamped with the Prothonotary's Office in order to afford opposing party immediate notice of the filing. After receiving a date for hearing, the movant shall inform the opposing party of the date and time of the hearing. The movant shall likewise serve the opposing party with a copy of signed orders for scheduling hearings. (Failure to do so may result in dismissal and/or sanctions).(2) The Court shall initially consider a motion without written responses or briefs. For a motion governed by this subdivision, the Court may not enter an order that grants relief to the moving party unless the motion is presented as uncontested or the parties to the proceeding are given an opportunity for argument. (a) This rule does not prevent the Court from denying the moving party's request for relief without the opportunity for an argument where the motion is procedurally defective, untimely filed, or fails to set forth adequate grounds for relief.(b) Parties may choose to submit responses and briefs at the time of presentation provided that copies have been served on every other party. However, parties are not required to file responses and briefs in these instances.(c) When filing a motion, the procedure as set forth in B.C. L.R. 206.4(c) is likewise applicable under this section.