Current through April 21, 2022
Rule 208.3(a) - Motions, Petitions And Appeal Practice(1)Applications by motion, petition or appeal. All applications to the Court shall be by motion, unless a statute or rule requires the filing of a petition or an appeal to bring the matter before the Court. All motions, petitions or appeals shall be in writing and shall be filed in the Prothonotary's office. The signing of a motion, petition or appeal by the attorney of record shall constitute a certification that the attorney has read the document and that, to the best of his or her knowledge, information and belief there are proper grounds to support it and that it is not interposed merely for delay.a. Preliminary objections shall be governed by Monroe County Local Rule 1028(c).b. Motions for judgment on the pleadings shall be governed by Monroe County Local Rule 1034(a).c. Motions for summary judgment shall be governed by Monroe County Local Rule 1035.2(a).(2)Rule to show cause. If the Court issues a rule to show cause, the procedure will be governed by Monroe County Local Rule 206.4(c) unless the Court orders otherwise.(3)Argument. If a party desires argument, a Request for Argument substantially in the form of subparagraph (6), Form B, stating the reasons why argument is necessary, shall be filed with the application. Any responding party may file a Request for Argument using the same form within ten days of the filing of the Motion, Petition or Preliminary Objections. The judge assigned to the case will decide by order if argument will occur. The parties shall file briefs in accordance with Monroe County Local 210.(4)Hearing. If the Court orders the matter for a hearing, the parties shall file hearing memoranda in accordance with Monroe County Local 210(4).(5)Expedited disposition. For cause shown, any moving party may request expedited disposition of any motion or petition filed with the Prothonotary. If expedited disposition is requested, a Request for Expedited Disposition substantially in the form of subparagraph (6), Form A, shall be filed with the motion or petition, explaining the grounds for an expedited disposition.