As amended through April 1, 2024
Rule 208.3(a) - Alternative Procedures - No Response Required(1) All applications to the court requiring action by a judge, except those hereafter excluded, shall be presented to the court at a session of motions court. The times and dates for motions court sessions shall be published by the district court administrator in the court calendar from time to time. Motions shall be filed as set forth in York R.C.P. 205.1. No written response shall be necessary.(2) The moving party must file a notice of presentment with the prothonotary and must give actual notice to all other parties in interest, and to the motions court judge, of the intention to present an application at a session of motions court at least five days prior to the date of the specific motions court session at which it will be presented. (b) A copy of the notice of presentment, application and an original proposed order shall be provided by the moving party to the prothonotary for delivery to the court pursuant to York R.C.P. 205.1.(c) A copy of the notice of presentment, application and proposed order shall be served by the moving party on all other parties in interest pursuant to York R.C.P. 205.1. (d) For purposes of this rule only, timely service on a party by facsimile or other electronic transmission will constitute appropriate notice. (3) All applications to the court shall include a certificate by the moving party that notice was given pursuant to subsection (a)(2) above. (4) Should a party wish to file a response, an original of the response shall be filed with the prothonotary and the party shall provide a copy to the prothonotary for delivery to the court. (5) Should a moving party wish to reschedule the presentation of an application to the court, a written notice of that intent and a revised notice of presentment shall be filed and a copy provided to the prothonotary for delivery to the court; a copy shall also be served by the moving party on all other parties, specifying the new date on which the motion will be presented to the court. The new date shall be in accordance with the notice requirement set forth in York R.C.P. 208.3(a)(2). (6) Should a moving party wish to withdraw any motion from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the motion with the prothonotary. The moving party shall provide a copy to the prothonotary for delivery to the court and shall serve all other parties of interest. (7) The following applications need not be presented in a session of motions court, but shall be presented to the court pursuant to York R.C.P. 205.1: (a) Petitions for preliminary or special injunctions (see York R.C.P. 1531.1 et seq.)(b) Uncontested motions: Provided, however, that the motion includes a certification as set forth in York R.C.P. 208.2(d)(2) and 205.1. (d) Petitions for rules to show cause; (see York R.C.P. 206.1(a) and 206.4.)(e) Motions to make rules absolute;(f) Requests for continuances of scheduled proceedings; (see York R.C.P. 216)(g) Applications for leave of court to withdraw entry of appearance; provided, however, that counsel seeking to withdraw has given at least twenty days written notice of intent to withdraw to the client and all parties in interest and no objection has been made. The application and proposed order shall contain the last known address and telephone number of the client. (see York R.C.P. 1012 and Pa.R.C.P. 1012)(h) Motions for alternative service, except for family court matters. Such motions shall have a copy of the sheriff's return of service attached to the motion, in addition to the other matters required by law or rule of court; (see Pa.R.C.P. 430)(i) Applications for reassessment of damages. (see York R.C.P. 206.1(a))(j) Motions for reconsideration.(k) Motions relating to matters covered by an order resulting from a pre-trial conference.(l) Motions for judgment by default in quiet title actions;(m) Petitions for approval of minor settlements, wrongful death settlements transfer of structured settlements, and settlements involving an incompetent;(n) Applications to intervene pursuant to Pa.R.C.P. No. 2326 et seq.(o) Petitions for a name change;(p) Appointment of constables, private police officers, and municipal officers;(q) Appointment of persons to Board of View; provided, however, that no motion shall be filed until such time as the pleadings have closed.(s) Termination of inactive civil cases under York R.C.P. 230.2; and(t) Admission Pro Hac Vice motions pursuant to Pa.R.C.P. 1012.1Amended effective through 8/1/2023.