Rule 208.3(a) - Motions Procedure. Motions Judge. Motions Court(1) The designated Motions Judge shall sit every Tuesday and Friday at 8:30 A.M., except on holidays ("Motions Court").(2) Motions, requests and applications intended for consideration by the Motions Judge shall be presented at Motions Court, and are not to be filed in the Office of the Prothonotary in advance of such presentation. The Prothonotary or a deputy shall be present at every session of Motions Court to receive such papers for filing.(3) Except in an emergency situation, no motion, request or application shall be presented without compliance with the notice provisions of this rule. In an emergency situation, the nature of the emergency and the reasons why the required notice could not be given must be set forth in the motion, request or application then being filed.(4) For all motions, requests and applications subject to the notice requirements of this rule, a copy of the same together with a notice of the date and time of the intended presentation shall be served upon the other parties at least two (2) business days in advance of the presentation. Service of the copy and the notice may be accomplished personally, by first class mail or by facsimile transmission. Service by mail shall be deemed to be accomplished on the date the mail was received.(5) A copy of the notice of intended presentation shall be presented to the Motions Judge at the time of presentation of the motion, request or application. The copy shall have attached to it a certificate stating the date and manner of service.(6) The notice of intended presentation shall be substantially in the form prescribed as follows: [CAPTION]
NOTICE OF INTENT TO PRESENT MOTION,
PETITION OR APPLICATION TO
MOTIONS JUDGE
To: (name of person)
TAKE NOTICE that the attached (Name of legal paper) will be duly presented to the Motions Judge in Motions Court on the second floor of the Armstrong County Courthouse, Kittanning, Pennsylvania on (day of week), ______________ , 2 _____ , at ______ .M. The Motions Judge will be asked to sign an order granting the prayer for relief. You may appear and be heard at that time if you wish.
Date: _________________
___________________________
Attorney
(7) The certificate of service shall be substantially in the form prescribed as follows: [CAPTION]
CERTIFICATE OF SERVICE
(Civil Division Matter)
I, the undersigned, hereby certify that I caused a copy of the attached Notice of Intent to Present Motion, Petition or Application to Motions Court Judge to be served upon
Name of PersonMethod of ServiceDate of Service
and that attached to said Notice was a true and correct copy of the legal paper referred to therein.
Date: _________________________
________________________________
Attorney
(8) Every motion, request, and application presented to the Motions Judge shall have attached thereto a suggested order granting the relief requested.(9) After presentation of a motion, request, or application, the Motions Judge may enter any order permitted under Pa.R.C.P. No. 208.4Armst. Cnty. Pa. 208.3(a)
Adopted April 25, 2005, effective 8/10/2005Comment
Motions Court is not intended as the forum for the presentation of petitions as defined by L.R.C.P. No. 206.1(a). A motion to continue is properly presentable in Motions Court pursuant to L.R.C.P. No. 216, as is a petition to compromise, settle or discontinue an action brought by a minor pursuant to L.R.C.P. No. 2039.