Elk & Camp. Cnty. Pa. 208.3(b)

As amended through December 1, 2017
Rule 208.3(b) - Motion Alternative Procedures
1. All motions which request relief on matters of record shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the argument. Personal presentment is not required. Argument on a motion will be scheduled for a time and date certain. The moving party shall notify opposing counsel and any unrepresented party of the date, time and place for argument. The Court, in its discretion, may decide the matter at argument or take the matter under advisement.
2. Motions submitted to the Court by facsimile or other electronic submission will not be considered except in extraordinary or emergency situations. Any motion initially submitted by facsimile or other electronic transmission must be filed of record within two (2) business days thereafter.
3. The Court, in its discretion, may hear any argument by telephone or videoconference provided that counsel has submitted a prompt written request to the Court to participate electronically. The party requesting the opportunity to participate electronically shall bear the cost thereof unless the Court provides otherwise.
4. A court reporter will not attend arguments unless specifically directed by the Court.
5. Emergency motions shall be governed by the above procedure except that, after filing, the moving party shall notify the Prothonotary and the Court Administrator of the emergency situation and may request that the Court immediately consider the motion. The moving party shall make notify the opposing party(ies) of the substance of the motion and the time of filing and presentation to the Court.
6. Motions to compel discovery may be considered by the Court without the necessity for briefs and argument.
7. Motions involving disputed issues of fact will be disposed of in accordance with Pa.R.C.P. 208.4.
8. Motions involving questions of law only will be disposed of by the Court on briefs without oral argument unless the moving party files a praecipe for argument simultaneously with the motion.
9. No response is required to any motion unless required by Pa. Rule of Civil Procedure or unless required by the Court in the scheduling order. (e.g., Pa.R.C.P. 1035.3 )
10. The proposed order scheduling an argument on the motion shall include the phrase" ______ hour(s) is allotted for the argument." Upon receipt of the scheduling order, if counsel or a self-represented party does not believe that the allotted time is reasonably sufficient, it is the duty of counsel or the party to contact the Court Administrator's office, in writing, to request a continuance in order to reschedule the time necessary for the argument

Elk & Camp. Cnty. Pa. 208.3(b)