Rule 3.1 - Petitions Generally; Parties In Military ServiceSec. 1.Petitions; Motions.(a) All petitions and motions must first be filed with the clerk. Motions (and consent petitions under 1(e) ) must then be presented at 9:30 a.m. or at such other time as may be fixed by Order of court.(b) Ten (10) days' notice of presentation of any motion is required absent an emergency or consent by the opposing party to a shorter notice of presentation.(c) All motions shall include a notice of presentation and certificate of service.(d) If the sole relief requested by a petition is the issuance of a citation or rule, a notice to plead pursuant to Pa. O.C. 3.5(b)(1) is not required.(e) Where a party can satisfy Pa. O.C. 3.5(c) (Consents/Statements of No Objection; Joinders), then neither a citation nor rule is required. In such a case, the petition shall be presented in the same manner as a motion, and compliance with 1(b) and (c) of this Rule is not required.(f) A copy of all motions (and consent petitions under 1(e) ) shall be delivered to the Motions Coordinator at least one business day in advance of presentation.(g) Where a judge has been actively involved in the matter which is the subject of a motion or a consent petition under 1(e) of this Rule, counsel shall present the motion or consent petition to such judge.Sec. 2.Costs.Except for cause shown, no order shall be docketed until all filing costs have been paid.
Explanatory Comment: 2 reflects current practice. The Rule has been clarified to provide that no order shall be docketed until all filing costs have been paid. No citation, rule or certificate can be issued until the predicate order has been docketed.
Sec. 3Parties in Military Service.When any interested party in any proceeding in this court is in the military service of the United States, the procedure shall conform to the provisions of the Servicemembers Civil Relief Act, as amended, 50 U.S.C.A. 3901 et seq.