Eri. Cnty. Pa. 3.16

Current through June 16, 2018
Rule 3.16 - Motion Court Practice
(1) Motion Court. Unless otherwise ordered by the Court, Motion Court will be held every Monday through Thursday at 9:00 a.m.
(2) Cover Sheet. All motions presented at motion Court shall include a completed motion Court cover sheet in the form required by the Court.
(3) Notice Requirements Prior to Presentation at Motion Court. Prior to the presentation to the Court of any motion or petition requesting an immediate Order of Court, other than a Rule to Show Cause which grants no relief, opposing counsel and unrepresented parties must be given notice, subject to the following:
(i) Contents of Notice. The notice must give the date and time when the motion or petition will be presented to the Court and must be accompanied by a copy of the proposed motion and Order.
(ii)Certification of Notice. The motion or petition must contain a certificate signed by counsel verifying that proper notice or citation was given under this Rule.
(iii)Length of notice required. Except where otherwise required under law, the following notice shall be required:
(a) If the motion or petition is uncontested, either two (2) full business days' notice must be given by personal delivery or facsimile transmission to each party or their counsel's office, or five (5) full business days' notice must be given if notice is by mail.
(b) Where such motion or petition does not meet the requirements of subsection (iii)(a) above, twenty (20) days' notice as set forth in Pa. O.C. 2.5(d) and 3.5(b).
(iv)Failure to give notice. The Court will not enter an Order on a petition or motion without the Certificate of Notice being attached unless a special cause is shown to the Court.

Eri. Cnty. Pa. 3.16