Eri. Cnty. Pa. 208.3(a)

As amended through August1, 2022

Rule 208.3(a) - MOTIONS. NON-DISPOSITIVE. PROCEDURES

(1) This rule describes the procedures governing non-dispositive motions within the scope of Pa.R.C.P. No. 208.1.

(2) The original of any motion shall be filed with the Prothonotary and a copy thereof shall be provided to the assigned judge. If a judge has not yet been assigned, the party seeking to present a motion shall first submit a request for judicial assignment with the trial court administrator and obtain assignment to a judge to whom the motion shall be presented. (See Erie L.R.302 with respect to the filing of requests for judicial assignment.) The judge to whom the case has been assigned may schedule argument and, if granted, either notify all parties or advise the moving party to notify all other parties of the time, date and location of argument. (See Pa.R. C.P. 211, the granting of argument is discretionary with the Court.)

(3) After any order is issued by the Court relating to a motion, whether such order grants or denies the relief requested, schedules argument thereon or deals with any other related matter, and unless the order states otherwise, the moving party shall immediately file the original of said order with the Prothonotary and contemporaneously therewith shall serve a copy of said order on all other counsel and unrepresented parties.

(4) To supplement the procedure set forth in (a)(2) above, each judge shall establish a schedule when he/she will be available for presentation of non-dispositive motions in cases assigned to that judge, which schedule must be published on the website of the Administrative Office of Pennsylvania Courts (www.aopc.org) and the website of the Erie County Court of Common Pleas (www.eriecountygov.org).

(5) If counsel and/or unrepresented party notifies opposing counsel and/or parties that a motion will be presented to a judge at a specific time and then fails to appear, the Court, upon motion, will consider an appropriate sanction including, but not limited to, an award of attorney's fees.

Eri. Cnty. Pa. 208.3(a)

Amended effective 7/1/2020; amended effective 8/1/2022.