Rule 208.3(b) - Alternative Procedures - Response Required(1) Matters for disposition by one judge. Matters to be disposed by one judge shall include: (a) Preliminary objections (see York R.C.P. 1028(c));(b) Motions for judgment on the pleadings (see York R.C.P. 1034(a));(c) Motions for summary judgment (see York R.C.P. 1035.2(a));(d) Exceptions to the report of a master in divorce (see York R.C.P. 1920.55-2), to reports of boards of view (see York R.C.P. 5170), or to proposed schedule of distribution from sheriff's sale (see York R.C.P. 3136). (e) Appeals from decisions of a zoning hearing board, a board of school directors, or other local government agency (see York R.C.P. 5150 and 5200). (2) Procedure in one judge disposition matters. Parties shall follow the briefing schedule unless otherwise noted in these local rules or by order of court: (a) All applications which are filed requiring disposition by one judge shall be supported by a brief filed within ten days of the date of filing of the application or, in Appeals in Land Use Cases (see York R.C.P. 5150), within ten days of certification of the record. (b) One original brief in opposition shall be filed by all parties opposing the application within thirty days after the date of filing of the application or the filing of the brief of the moving party, whichever is later. (c) Any brief in reply shall be filed within five days after service of the brief in opposition to the application. (d) Copies of briefs shall be promptly served on all parties and a certificate of service shall be filed with the prothonotary. (e) Upon the expiration of the time for filing and service of briefs, any party may list the matter for disposition by one judge by filing a praecipe with the prothonotary. (3) Matters for disposition by a court en banc.(a) Matters to be disposed of by a court en banc shall include matters specifically required to be heard en banc pursuant to statute, rule or appellate decision, and matters specifically ordered to be heard en banc by a judge of this court, either pursuant to Pa.R.C.P. No. 227.2 or otherwise. (b) Matters to be disposed of by the court en banc shall proceed the same as matters to be disposed of by one judge.(4) Should a moving party wish to withdraw any motion from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the motion with the prothonotary. The moving party shall provide a copy to the prothonotary for delivery to the court and shall serve all other parties of interest. (5) Listing the matter for one judge disposition. Excluding exceptions to the master's report and recommendation, which are listed automatically upon expiration of the briefing schedule, any party may list the matter for disposition by one judge upon the expiration of the time for filing and service of briefs by filing a praecipe with the prothonotary. (a) The praecipe shall include the name of any judge (other than motions court judge) to whom the case was previously assigned. (b) The moving party shall provide a copy to the prothonotary for delivery to the court.(c) Copies of the praecipe shall be sent by the moving party to all counsel and unrepresented parties of record. A certification of service identifying all counsel of record, who they represent, and all unrepresented parties, with addresses and telephone numbers shall be attached to the praecipe. (6) The praecipe to list a matter for disposition before the court shall be in substantially the following form: Click here to view image
Amended effective through 8/1/2023.