Rule *208.3(b) - Motions Considered After Response Period. Briefs(1)Applicability. This rule governs the filing of all motions except the following:(A) All matters specifically excepted in Pa.R.C.P. 208.1(b);(B) Assignment to an individual judge. (See Philadelphia Civil Rule *215);(C) Advancement on the trial list. (See Philadelphia Civil Rule *215);(D) Arbitration applications. (See Philadelphia Civil Rule 1303.1.)(E) Motion for approval of settlements where a minor or incapacitated person have an interest. (See Philadelphia Civil Rule*2039.1.)(F) Motion for allowance in minors' cases. (See Philadelphia Civil Rule *2039.2.)(G) Motion for approval of settlements in wrongful death cases. (See Philadelphia Civil Rule *2206.)(H) Motion for Extraordinary Relief (See Trial Division General Court Regulation No. 95-1).(2)Non-Discovery Motions. (A)Filing Requirements. All motions other than discovery motions shall be filed with the Office of Judicial Records and the requisite fee paid, and shall thereafter be immediately submitted to the Motion Clerk. All Motions shall be accompanied by the following items in the following order: (i) A completed Petition/Motion Cover Sheet as provided in Phila.Civ.R. *205.2(b)(2); (ii) A proposed order, which shall contain no reference to the attorney proposing same;(iii) A brief or memorandum of law as required by Phila.Civ.R. *210;(B)Control Number. Response Date. Other than as provided in Phila.Civ.R. *208.3(a) and except for Summary Judgment Motions (which have a thirty (30) day response period, all Motions have a twenty (20) day response period. Upon filing, the Motion Clerk shall enter on the Cover Sheet a unique Control Number which must be used on all Responses, and shall enter the "Response Date" on or before which all Responses must be filed by any party.(C)Service Requirements. The moving party shall immediately serve conformed copies of all documents filed with the Motion Clerk on all counsel of record and unrepresented parties, as required by Pa.R.C.P. 440.(D)Response Requirements. Any party opposing the motion, shall file the following documents with the Motion Court on or before the Response Date: (i) A completed Cover Sheet as set forth in Phila. Civ.R. *205.2(b)(2);(ii) A proposed order, which shall contain no reference to the attorney proposing same;(iii) The Response to the motion; and(iv) A brief or memorandum of law as provided in Phila.Civ.R. *210.(E)Attachments. All Motions shall include copies of all documents or items necessary or relevant to the disposition of the issues. This shall include the complaint, answer, and reply to new matter. All such documents or items shall be included or attached and marked as exhibits separately. The Court may decide any matter against a party who fails to attach to the filing those items sufficient to enable the Court to determine the matter.(F)Disputed Issues of Fact. Disputed issues of fact shall be determined as the Court may provide pursuant to Pa.R.C.P. 208.4(b).(G)Deadline for Filing Arbitration Motions. Motions shall not be accepted by the Motion Clerk in cases where an arbitration hearing is scheduled to be held within forty-five (45) days.Phil. Cnty. Pa. *208.3(b)
Adopted May 20, 2004, effective 7/26/2004; amended March 9, 2005, effective 5/1/2005; adopted11/15/2007, effective 1/7/2008. Seewww.courts.phila.gov/forms for the current version of the Discovery Argument Request Form and Notice of Presentation
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