N208.3(a) Procedure Governing Motions
1. Motions Court is held each day at 9:00 a.m. Motions which do not require the taking
of testimony may be presented to the motions judge only after a copy of the motion and the
proposed order of court have been served on all counsel of record and any unrepresented party at
least three (3) business days prior to the intended date of presentation.
2. Notice of the date, time ,and place of presentation must accompany the copy of the
motion and proposed order of court. Service may be made in any manner, including facsimile
transmission, which results in the service of the required documents at least three (3) business
days before the day of presentation.
3. The presenting party must attach to the motion a certification of compliance with this
rule setting forth the date on which the motion was served on counsel and unrepresented parties,
and the manner of service.
4. Compliance with the time requirements may be excused by the motions judge if it
appears that reasonable notice has been attempted or given, and immediate and irreparable injury
will be sustained if relief is denied.
EXPLANATORY COMMENT: The purpose of this rule is to foster
the use of Motion Court practice for all matters which are not likely to
require lengthy evidentiary hearings or involve argument on complex
legal issues. Nevertheless, sufficient notice and receipt of the motion
or petition and proposed order of court is required by law and fundamental
fairness. Counsel desiring to take advantage of Motions Court practice
must be diligent in complying with the notice requirement. For purposes
of this rule, the use of the term “business day” and the computation of
the required three (3) day notice period shall be governed by and
construed consistent with Pa.R.C.P. 106 (Computation of Time).
EFFECTIVE JUNE 17, 2004