Rule 208.3(a) - Procedures For The Disposition Of Motions(1) Scope. As used in this rule, the term "motion" means any application to the Court made in any civil action or proceeding, except as provided in Pa.R.C.P. 208.1(b)(1) and (2).(2) This Court specifically declines to adopt the alternative procedures set forth in Pa.R.C.P. 208.3(b), imposing mandatory requirements for the filing of a response or brief with respect to any motions. Note: A party may file a brief when it is anticipated that the Court will wish to consider a brief before deciding an issue; however, there is no requirement to do so.
(3)Procedure. The procedure set forth in this rule shall apply to every request for relief and/or application to the Court for an order, whether by petition, motion, objections, or stipulation, that the moving party desires to bring before the Court. (a) If expedited consideration by the Court is requested or required by statute, rule of procedure, or other controlling authority, the reason for such consideration shall be set forth in the motion.(b) A proposed order granting the relief requested shall be attached to every motion.(c) The Court shall schedule argument, hearing, or briefing as the Court may require, and issue a scheduling order. Unless otherwise ordered, docketing and service of the scheduling order shall be in accordance with these rules.(4)Presentation of a Motion.(a) In cases that are not assigned to a judge, motions may be presented to the General Civil Motions Judge in Motions Court. The schedule for Motions Court shall be set forth annually by Administrative Regulation, and is available in hardcopy in the Office of the Court Administrator and at www.washingtoncourts.us.(b) All motions in cases that are assigned to a judge shall be presented in the Motions Court of the assigned judge, except as provided in Wash.L.R.C.P. 208.2(c). (i) The Motions Court schedule for all judges assigned to civil cases shall be set forth annually by Administrative Regulation, and be made available in hardcopy in the Office of the Court Administrator and at www.washingtoncourts.us.(c) All motions shall comply with the standard operating procedures of the judge to whom presentation is made. Standard operating procedures for the judges of the Court shall be made available at www.washingtoncourts.us.(5)Notice of Presentation. The moving party shall provide notice of at least five (5) business days prior to presentation of a motion, unless the motion has the consent of all parties. A copy of the motion shall be provided to the chambers of the judge to whom the motion is being presented at least twenty-four (24) hours in advance. (a) Every motion that has the consent of all parties shall contain a "Certificate of Consent" in a substantially similar form: IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
CIVIL DIVISION
CERTIFICATE OF CONSENT
1. The undersigned,______________, represents [name of party], the moving party herein. 2. As evidenced by the below signatures, the parties have consented to the relief sought by this motion, and request that the Court enter the proposed order. Respectfully submitted,
________________________
[date]
Consented to by: [name, party name, and signature] [date]
(b) The Certificate of Consent may be entered into in counterparts, and an original signature is not required of any counsel and/or party except the moving party. Comment: It is anticipated that counsel and/or a party will provide evidence of consent by email or facsimile in many instances, and this rule encourages the use of counterparts for the convenience of the parties.
(c) Nothing in this subsection of the rule shall be read to obviate the standard operating procedures of a judge concerning the presentation of a motion.(6)Sanctions. If a moving party misrepresents or falsely asserts that a motion has the consent of another party, the Court may enter an order levying sanctions and/or any other appropriate relief against the moving party. Nothing in this rule is intended to obviate the provisions of Pa.R.C.P. 1023.1.(7)Dispositional Aid. In the discretion of the Court, a judge may order one, or any, of the following to aid in the disposition of a motion:(c) a rule to show cause as set forth in Pa.R.C.P. 208.4.Amended effective 1/1/2022