Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 200 - BUSINESS OF COURTS
Rule 208.4 - Initial Consideration of Motion. Court Orders. Issues of Disputed Fact
Universal Citation: 231 PA Code ยง 208.4
Current through Register Vol. 54, No. 38, September 21, 2024
(a) At the initial consideration of a motion, the court may enter an order that
(1) disposes of the motion, or
(2) sets forth the procedures the court will
use for deciding the motion which may include one or more of the following:
(i) The filing of initial or supplemental
responses,
(ii) The filing of
initial or supplemental briefs,
(iii) The filing of affidavits, depositions
and the like,
(iv) The issuance of
a rule to show cause pursuant to subdivision (b) of this rule,
(v) The holding of an evidentiary hearing,
and
(vi) The entry of an order
providing for any other procedure for developing the record.
(b)
(1) If the moving party seeks relief based on
disputed facts for which a record must be developed, the court, upon its own
motion or the request of any party including the moving party, may enter an
order in the form set forth in paragraph (2) providing for the issuance of a
rule to show cause. The procedure following issuance of the rule to show cause
shall be in accordance with Rule 206.7.
(2) The order required by paragraph (1) shall
be substantially in the following form:
(Caption)
ORDER
AND NOW, ___ , upon consideration of the foregoing motion, it is
Date
hereby ordered that
(1) a rule is issued upon the respondent to
show cause why the moving party is not entitled to the relief
requested;
(2) The respondent shall
file an answer to the motion within ___ days of this date;
(3) The motion shall be decided under
Pa.R.C.P. No. 206.7;
(4)
depositions shall be completed within ___ days of this date;
(5) argument shall be held on ____________ in
Courtroom ___ of the
Date
___ County Courthouse; and
(6) notice of the entry of this order shall
be provided to all parties by the moving party.
By the Court
____________
J.
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