Rule 208.3(a) - Procedures for the Disposition of Motions(1) As used in this rule, "motion" means any application to the court made in any civil action or proceeding except as provided by subdivisions (b) (1) and (2) of Pa.R.Civ.P. 208.1. (a) This court has not promulgated a local rule, numbered Local 208.3(b), because this court has not imposed requirements for the filing of a response or a brief with respect to any motion. However, the parties are encouraged to submit briefs when it is anticipated that the court will want to consider briefs before deciding the issue.(b) This local rule does not govern motions filed in specially assigned cases (see the court's website page for a list of the specially assigned case types) or any other case specially assigned by an order of court to a single judge. Procedures for disposition of motions in specially assigned cases may be established by case management orders, standard operating procedures, or other directives issued by the assigned judge. Note: At the time of these amendments the following matters are identified on the Court's website as specially assigned case types: Abandoned & Blighted Property Conservator (see Local 701 et seq.), Asbestos, Class Action, Commerce & Complex Litigation Center, Construction, County Beverage Tax, Election, Eminent Domain, Mortgage Conciliation, Pennsylvania Liquor Control Board, Prisoner Rights, Right-to-Know, Save Your Home, Special Name Change (see Local 505), Structured Settlement Approvals, Toxic Substance, Water Exoneration Hearing Board Appeals, and Zoning. This list is periodically updated.
(c) Procedures for disposition of the following are set forth in the following local rules: (i) Preliminary objections (governed by Local 1028(c)),(ii) Motions for judgment on the pleadings (governed by Local 1034(a)),(iii) Motions for summary judgment (governed by Local 1035.2(a)), and(iv) Petitions to strike and/or open a default judgment or a judgment of non-pros (governed by Local 206.4(c)). (2) Procedure applicable to all motions: A motion may be presented only after service of the copy of the motion and notice of the date, time, and location of presentation on all other parties. Except in cases of emergency, or with the consent of all other parties, the date of presentation shall be at least ten (10) days after service of a copy of the motion and the notice of the date of presentation. Note: If after reviewing Sections (3) through (6) below questions remain as to where a motion should be presented or which judges should hear a particular motion, please send an inquiry email to Civilgenmotions@alleghenycourts.us.
(3)Calendar Control Judge(a) The Calendar Control Judge shall hear the following:(i) All motions in any case that has been listed for trial or has appeared on a published trial list shall be presented to the Calendar Control Judge. This includes all motions that would otherwise have been heard by the General Motions Judge or the Discovery Motions Judge. Note: The docket will show if a case has been listed for trial on a published trial list. For docket entries, go to https://dcr.alleghenycounty.us and click on Civil/Family Division, then "Search" and enter the docket number.
(ii) All motions relating to the following matters, regardless of whether a case has been listed for trial or has appeared on a published trial list: (a). the compromise, settlement, and discontinuance of an action to which a minor is a party; Note: See Local 2039 for the procedures governing a petition presented pursuant to Pa.R.Civ.P. 2039.
(b). the compromise, settlement, and discontinuance of an action to which an incapacitated person is a party; Note: See Local 2064 for the procedures governing a petition presented pursuant to Pa.R.Civ.P. 2064.
(c). praecipes to place at issue; and(d). contested motions for continuance of an arbitration hearing, other than in Housing Court cases, which are presented to the Housing Court Judge. Such motions shall be presented using the Cover Sheet and Adjournment of Hearing Form (Form 208.3(a)) which is available on the Court's website at https://www.alleghenycourts.us/civil/arbitration.aspx. Note: To reschedule an arbitration hearing date with agreement of all parties, an Adjournment of Hearing Form shall be presented to the arbitration email at civilarb@alleghenycourts.us. These procedures are published on the Court's website at https//www.alleghenycourts.us/courts/arbitration.aspx.
(b) Presentation: (i) The Calendar Control Judge does not schedule the date or time of presentation. The moving party/petitioner selects the date and time for presentation. Note: Calendar Control Motions are generally held at 9:30 a.m. Please refer to the Calendar Control Judge's standard operating procedures and the Calendar Control Motions schedule, which can be found at: https://www.alleghenycourts.us/civil/about/calendar-control.
(ii) A courtesy copy shall be provided to the Calendar Control Judge in advance of presentation of the motion.(4)Discovery Motions Judge(a) The Discovery Motions Judge shall hear the following: (i) All discovery motions for General and Arbitration Docket cases that have not yet appeared on a published trial list or been assigned a trial date; with the exceptions set forth below in subsection (iv) this includes Arbitration Docket cases which have been assigned an arbitration hearing date (although such motions are disfavored); Note: The scheduling of an arbitration hearing does not constitute appearance on a published trial list or the assignment of a trial date.
(ii) All motions relating to pre-complaint discovery;(iii) Discovery in aid of execution;(iv) All motions to dismiss based upon affidavits of non-involvement pursuant to Pa.R.Civ.P. No. 1036, et seq.(b) The following discovery motions will not be heard by the Discovery Motions Judge and shall be heard by the General Motions Judge: (i) Requests for injunctive relief, including discovery on requests for injunctive relief; and(ii) Discovery disputes relating to or arising out of a Rule to Show Cause issued by the General Motions Judge.(c) Discovery motions assigned to a specific Judge shall be heard by the assigned judge.(d) Presentation (i) The Discovery Motions Judge shall determine the method of submission, hearing date/time, and format of hearings, at the Discovery Motions Judge's discretion, pursuant to the procedures located on the Court's Website.(ii) Absent compelling circumstances, the court requires the parties to conduct a meaningful "meet and confer" prior to presentation of any contested motion. The court will inquire into the specifics of the meet and confer during the hearing. Note: See Local 208.2(e) regarding the requirements for the "Certification of Good Faith Attempt to Amicably resolve Discovery Motions"
(iii) All parties must bring an additional coversheet/caption for the benefit of the Court Reporter.(iv) The moving party shall indicate whether the motion is contested or uncontested/unopposed. If a party is unable to represent to the clerk affirmative assent to a motion being uncontested/unopposed, the motion shall be classified as contested. See explanatory note below.a. Uncontested or unopposed motions will be heard first, followed by contested motions. Note: In presenting a motion as uncontested or unopposed, counsel certifies to the court that a copy of the motion, exhibits, and any proposed order was served on every other party or attorney of record.
(5)Housing Court Judge(a) The Housing Court Judge shall hear the following:(i) All motions involving Housing Court cases. (See Local 76 Definitions for information relating to which cases shall be assigned to the Housing Court or ruled upon the Housing Court Judge.);(ii) All contested requests for the continuance of an arbitration hearing in a Housing Court matter; and(iii) All Motions for Late Appeal of Disposition from a Magisterial District Judge in a Landlord Tenant Proceeding.(b) Presentation:(i) Except for initial filings as set forth in Local 205.4(a)(1)(B)(3) (i.e., Motions to File Late Appeal), all Housing Court Motions must be electronically filed pursuant to Local 205.4. (a) Prior to electronically filing the motion with the Department of Court Records, the moving party must request an argument date by submitting the motion to the Housing Court Help Desk email at HCHelpdesk@alleghenycourts.us. The Help Desk will provide a date and time for argument, which the moving party shall include in a notice of presentation when electronically filing the motion. The Court may not hear argument if the docketed motion does not have a completed Notice of Presentation, with the date and time of argument provided by the Housing Court Help Desk.(b) After electronically filing the motion with the provided argument date, the Moving party shall serve a copy of the motion on all other parties with the notice of the date and time of the argument. Note: For further information concerning Housing Court procedures, forms and protocols, Parties should go to the Court's website at https://www.alleghenycourts.us/civil/about/housing-court/.
(ii) The party seeking a contested continuance of an arbitration hearing shall present to the Housing Court Judge an Adjournment of Hearing Form (FORM 208.3(a)) (see subsection (3)(a)(ii)(d) above), which may be obtained from the Housing Court Clerk at the Housing Court Help Desk: First Floor City-County Building, or by going to the Court's website, and specifically the arbitration page where such forms are available to download. Note: If all parties agree to the continuance, the Housing Court Clerk has the authority to sign the Adjournment of Hearing continuing the case (FORM 208.3(a)) (see subsection (3)(a)(ii)(d) above).
(iii) Motion for Late Appeal shall be filed in person pursuant to Local 205.4(a)(1)(A)(3) with the Department of Court Records and a copy immediately provided to the Housing Court Clerk (See Housing Court Help Desk: First Floor City County Building, for Forms relating to Motions for Late Appeal). (a) The Housing Court Clerk will schedule the motion with the Housing Court Judge. The motion will generally be scheduled on a date which provides all other parties with ten (10) days' notice of the scheduled argument date. However, if an eviction is scheduled, the Housing Court Clerk will make every effort to schedule argument on Motion for Late Appeal before the scheduled eviction, although the Court may not be able to schedule a hearing before the eviction date. The filing party is responsible for informing the Housing Court Clerk of the date of any scheduled eviction.(b) The filing party is required to serve the Motion for Late Appeal upon the opposing party, and if the filing party is the tenant, also required to serve the Motion for Late Appeal upon the Magisterial District Court issuing the Disposition.(6)General Motions Judge(a) The General Motions Judge shall hear the following for any General and Arbitration Docket case that has not yet appeared on a published trial list or been listed for trial: (ii) All motions relating to the following: (a) pleadings including amendments, joinder of parties, late joinder of additional defendants;(b) withdrawal and disqualification of counsel;(c) discontinuances, consolidation, severance, and coordination of actions in different counties (Pa.R.Civ.P. 213.1);(d) transfers between Arbitration and General Docket;(e) certificates of merit (Pa.R.Civ.P. 1042.1, et seq.);(f) requests for injunctive relief, including discovery on requests for injunctive relief; and(g) discovery disputes relating to or arising out of a Rule to Show Cause issued by the General Motions Judge.(iii) All motions for any Arbitration Docket case prior to listing for trial, except: (a) discovery motions, which shall be presented to the Discovery Motions Judge;(b) the compromise, settlement, and discontinuance of an action to which a minor is a party, which shall be presented to the Calendar Control Judge;(c) the compromise, settlement, and discontinuance of an action to which an incapacitated person is a party, which shall be presented to the Calendar Control Judge;(d) contested requests for the continuance of an arbitration hearing, which shall be presented to the Calendar Control Judge.(iv) All petitions to strike and/or open a default judgment or a judgment of non-pros (the procedure including presentation, for which is found at Local 206.4(c), not below);(v) All motions not otherwise addressed in Local 208.3, 1028(c), 1034(a), or 1035.2(a).(b) Presentation: (ii) The General Motions Judge hears motions daily at 9:30 a.m. in Courtroom 703. The General Motions Judge does not schedule the date or time of presentation. The moving party/petitioner selects the date and time for presentation.(iii) The original motion must be electronically filed pursuant to Local 205.4 with the Department of Court Records. A copy of the motion shall be provided to the Chief Motions Clerk prior to presentation.(iv) A motion which is uncontested, and which contains the certification required by Local 208.2(d), may be presented in person or by emailing the Motion with a proposed order in Microsoft Word format to civiluncontestedmotions@alleghenycourts.us.(vi) The General Motions Supervisor/Clerk will file any order issued by the Court FORM 208.3(a) Arbitration Adjournment of Hearing Form and Cover Sheet
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIACIVIL DIVISION
COVER SHEET
____________________ | CIVIL DIVISION |
Plaintiff | GD No ___________________ |
v. | *(Use AR or LT No. for Arbitration Cases and BV No. for Assessment Appeals.) |
____________________ Defendant(s) | Type of Pleading |
| Adjournment of Arbitration Hearing |
| Filed on behalf of (Name of Filing Party) ____________________ |
| [ ] Counsel of Record [ ] Individual, if Pro Se ____________________ |
| Address, Telephone Number, and Email Address: ____________________ Attorney's State ID: _______________ Attorney's Firm ID: _______________ |
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA
ARBITRATION SECTION
______________________________ | No. _________________________, 20___ |
______________________________ | Presently listed ______________________ |
| No. of Times Continued ______________ |
vs. _______________________________ _______________________________ | Landlord/Tenant Action ______________ |
A false certification of consent of all parties is subject to the provisions of 18 Pa.C.S.A. § 4904 (a) pertaining to unsworn falsification to authorities and is sanctionable under 42 Pa.C.S.A. § 2503.
ADJOURNMENT OF HEARING
On _____________________________________________, 20_____, on order of court, the date of hearing is adjourned to _____________________________________, 20________. Stipulation
_________________________________ | BY THE COURT: |
_________________________________ | _________________________________ |
REASON FOR CONTINUANCE:
Adopted October 4, 2006, effective 12/4/2006. Amended December 27, 2019, effective 2/19/2020; amended effective 9/13/2022; amended effective 11/13/2023.