L208.3(a)

Chapter II

BUSINESS OF COURTS

Rule L208.2(c) MOTIONS TO INCLUDE STATEMENTS OF APPLICABLE AUTHORITY
All contested motions and discovery motions served upon opposing counsel and/or represented parties shall include, either in the body of the motion or attached to the motion, all written legal authority upon which the moving party relies in support of the motion.
Rule L208.2(d) CERTIFICATION OF UNCONTESTED MOTIONS
The moving party or counsel shall certify by a certificate attached to an uncontested motion that timely written notice to all other parties of the motion, proposed order, and date and time of presentation, have been provided and includes the date and manner of notice, and that the motion is uncontested.
The form of certificate for an uncontested motion shall be substantially in the form provided in Appendix A to this rule.

Appendix A
CERTIFICATE OF NOTICE
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Rule L208.2(e) CERTIFICATION REQUIREMENTS FOR DISCOVERY MOTIONS
Any motion relating to discovery must be accompanied by a certificate signed by counsel for the moving party certifying that counsel has conferred telephonically or in person with opposing counsel and any unrepresented party with respect to each matter set forth in the discovery motion and was unable to resolve the differences which exist. The certificate shall set forth the exact time and place of the conference or consultation. Merely attaching a copy of correspondence to opposing counsel requesting compliance to the discovery request or attempting to resolve the matter, or providing opposing counsel with a copy of the discovery motion or informing opposing counsel of the motion to be presented and opposing counsel not objecting to the motion does not comply with this Rule, where counsel for the moving party cannot furnish the required certificate because opposing counsel has failed to respond or refused to cooperate, counsel shall furnish an alternate certificate stating that opposing counsel has refused to so meet or confer and stating such other facts and circumstances supporting the absence of the required certificate and the moving party’s counsel’s efforts to obtain compliance by opposing counsel.
The form of certificate for a discovery motion shall be substantially in the form provided in Appendix A to this Rule.

Appendix A
CERTIFICATE OF NOTICE
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Rule L208.3(a) MOTION PROCEDURE
Motion court shall convene as set forth in the Court’s Published annual calendar, unless the Court’s schedule does not permit. Counsel are encouraged to check with the Office of the District Court Administrator to ensure that Motion Court will convene on the date and time which counsel has selected to present any matter requiring court review and action. As used in this rule, the term ‘motion” includes any petition, application, objection, exception or other title assigned to the matter by the moving party following commencement of the action.

(1) Requirement of written Motion
Unless otherwise authorized by the Pennsylvania Rules of Civil Procedure, all motions shall be in writing.

(2) Uncontested Motions
Uncontested motions, with a proposed order, shall be presented to the Office of the District Court Administrator during the court’s normal business hours. Uncontested motions shall be in compliance with Rule L208.2(d) relating to certification requirements.

(3) Contested Motions
No contested motion shall be considered by the court unless notice to opposing counsel has been provided in conformity with subdivision (7) of this Rule. The total time for argument of any contested motion shall be limited to 10 minutes, with any party not permitted argument in excess of five (5) minutes. If any party requested the court to review written legal authority, such authority must be presented to the court at the time the motion is presented, if counsel believes that the complexity of the issues presented requires argument in excess of the time limits set forth in this Rule, then counsel shall request that argument of the motion be scheduled separately, in which case the motion shall be presented in accordance with Rule L208.3(a)(2).
Note: Contested motions requiring more than 10 minutes for argument shall be presented as an uncontested motion for argument and the certification shall include the estimated length of time required for argument.

(4) Discovery Motions
Discovery motions shall be in compliance with Rule L208.2(e) relating to certification requirements.

(5) Ex Parte and Emergency Motions
Ex parte and emergency motions shall not be considered unless the court is satisfied that immediate and substantial injury will be sustained by the moving party before notice can be effectuated, in such a case, the nature of the matter and a description of the immediate and substantial injury, which will be sustained if the notice required under these Rules would be provided, shall be set forth in the motion.

(6) Continuances
Except as otherwise provided in Rule L1304 regarding compulsory arbitration cases, any motion for continuance, whether contested or uncontested, shall be presented to the Office of the District Court Administrator during normal business hours following written notice to all parties.

(7) Notice and Certification
No contested motion or discovery motion may be presented unless counsel for the moving party has certified, by a certificate attached to the motion, that a copy of the motion and written notice of the date and time of presentation were provided to all opposing counsel and unrepresented parties at least two (2) business days before presentation of the motion unless consented to by opposing party or counsel in writing. The certificate shall include the date and manner in which notice was provided. As used in this Rule, written notice shall include a facsimile transmission. The court shall not entertain any motion that does not include a certification, as required by this Rule, and a proposed order. The moving party shall be responsible for serving copies of the motion and any proposed order upon all counsel of record and unrepresented parties.

(8) Form of Certificate of Notice
The form of certificate for a contested motion shall be substantially in the form provided in Appendix A to this Rule.

(9) Proposed Court Orders
All motions shall include a proposed order, which shall contain the following language:
“The Prothonotary shall be responsible for properly serving a copy of this Order upon all counsel of record and unrepresented parties to this action, in accordance with Pa.R.C.P. No. 236 and Rule L236.”

(10) Hearing, Argument and Conference Dates
Motions requesting dates for a proceeding shall comply with the requirements of this Rule. The moving party shall also include in the motion the estimated time required for the proceeding. The estimated time shall be determined only after consultation with opposing counsel, and the moving party shall specify the date, time and manner of consultation in any motion requesting a date for a proceeding.

(11) Nonconforming Motions
The court shall not act upon any motion which does not conform with the provisions of this Rule.

Appendix A
CERTIFICATE OF NOTICE
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