Rule 208.3(a) - Motion Procedures(1) Motions will be scheduled, argued, and decided at Motions Court or Argument Court as set forth herein: (a) By the filing of a scheduling praecipe in accordance with the procedure set forth in this Rule.(b) At Motions Court, in accordance with the procedure specified in subparagraph (2) of this Rule, if the motion is of the type permitted to be presented at Motions Court; or at Argument Court or otherwise by praecipe as set forth in paragraph (4) of this Rule.(c) In the case of a motion for preliminary injunction or similar motions which require immediate date certain scheduling, by presentation to the Office of the Court Administrator for referral to a Judge.(d) In the case of motions which are permitted to be presented ex parte, without prior notice of presentation and opportunity to be heard, pursuant to provisions of subparagraph (3) of this rule, by presentation to the Office of the Court Administrator for referral to a Judge.(2)Motions Court (a) Motions Court will be held every Monday from 9:00 a.m. until 10:30 a.m. as reflected in the court calendar.(b) Matters to be placed on Motions Court must be filed no later than 4:30 p.m. of the preceding Tuesday with the Court Administrator.(c) All matters submitted for Motions Court must have a scheduling order attached; and a certification that notice of the hearing has been given to opposing counsel or the opposing party and set forth the manner of the notice given.(d) Motions Court will usually deal only with those matters which can be disposed of within 15 minutes.(e) The Court Administrator shall have the right to place any matter submitted on any available Motions Court.(3)Ex parte orders in adversary proceedings(a) Ex Parte Motions to the court in an adversary proceeding will not be considered without prior notice of presentation to all parties with the opportunity to be heard, except in the following cases:(1) Motions for relief which are routinely granted as of course, on a presumption of assent, such as motions for appointment of legal counsel and guardians ad litem, and the like.(2) Motions affecting the issuance of service of initial papers upon another who is not yet subject to the jurisdiction of the court, such as applications for substituted service, extensions of time, and the like.(3) Motions for preliminary orders granting or scheduling a hearing thereon, or directing process or notice to bring the opponent before the court to answer.(4) Motions for stay orders in license suspension appeals.(5) Cases in which the adverse party has waived the opportunity to be heard or has consented to the requested action.(6) Cases in which there are special or compelling circumstances which the court finds justifies ex parte action.(b) Prior notice of presentation of a motion to the court shall state the date, time and place of intended presentation and shall be accompanied by a copy of the motion and the proposed order.(c) In cases where an ex parte order is made, a copy of the motion and order shall be served promptly on the opponent and on all other parties, who may file a prompt application for reconsideration of the order.(d) In all cases where prior notice of presentation is required under statute or rule of court, the motion shall state that the requisite prior notice was given; the date, time and manner of giving notice. If the right to ex parte relief is based on the existence of special or compelling circumstances, the motion shall state such circumstances.(4) Scheduling of Matters(a) Argument Court (1) Matters for Argument Court and all other matters to be scheduled by praecipe shall be scheduled by praecipe as set forth in subsection (b) below.(2) Courts for hearing arguments shall be held on the first Monday of each month unless otherwise ordered by the court.(3) The Prothonotary shall keep an argument docket wherein shall be set down all cases or matters requiring argument, special examination by the court, and the taking of testimony, except trials by jury and other matters specifically regulated by Act of Assembly.(4) All cases for argument shall be placed on the argument docket at least thirty (30) days prior to the argument day by a praecipe as set forth in subsection (b) below.(5) The praecipe to the Prothonotary shall include the name of opposing counsel, the precise nature of the matter requiring argument, and whether the matter listed requires the taking of testimony.(6) The Court Administrator shall give notice to all counsel that the case has been placed on the argument list. Said notice shall contain the date upon which argument will be held, and the nature of the matter requiring argument. The argument list shall be published in the Mercer County Law Journal prior to Argument Court.(b) Scheduling by Praecipe. (1) Matters for Argument Court and all other matters to be scheduled by praecipe shall be scheduled by praecipe filed at the same time as the pleading and/or matters to be heard with the Prothonotary and shall be signed by counsel of record or an unrepresented party. Amended November 3, 2016 -Effective January 1, 2017
(2) The praecipe shall be served promptly on all other counsel and unrepresented parties in the case.(3) Upon receipt of a scheduling praecipe any party may object as follows: (a) If the objection is to an assertion in the praecipe of readiness of the case for disposition by the court, the objection shall be made promptly to the court in accordance with Motions Court practice with notice to other parties.(b) If an objection relates to any other assertion in the praecipe, the objecting party shall promptly file a counter praecipe stating only the matter challenged.(4) If a party files a scheduling praecipe, knowing that the matter is not ready for disposition by the court, or knowing that the matters certified to in the scheduling praecipe are not true, the court may impose sanctions on the offending party. Sanctions may include assessment of reasonable counsel fees incurred by other parties as the result of such conduct, prohibition of additional discovery, or other appropriate order.(5) Form of Scheduling Praecipe: The praecipe shall identify the nature of the matter to be scheduled, all opposing counsel, and designate any Judge who has previously entered a ruling in the case.(5) Preparation and Form of Orders and Decrees. Copies for Distribution. (a) Unless otherwise directed by the court, decrees and orders requested by a party shall be drafted by the attorney at whose instance they are to be made, and shall be submitted to the court for approval.(b) All proposed orders presented to the court shall list the names of all counsel of record and shall indicate the party represented by each.(c) The proposed order and any accompanying documents shall be transmitted by the parties to the Court Administrator for scheduling. The order and documents shall then be filed in the proper office.Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin. Amended September 8, 2014, effective 30 days after publication in the Pennsylvania Bulletin.