Pennsylvania Code
Title 58 - RECREATION
Part VII - GAMING CONTROL BOARD
Subpart H - Practice and Procedure
Chapter 493a - PLEADINGS
Section 493a.9 - Preliminary motions

Universal Citation: 58 PA Code ยง 493a.9

Current through Register Vol. 54, No. 44, November 2, 2024

(a) A preliminary motion may be filed by a party. The preliminary motion must state the specific grounds relied upon, and be limited to the following:

(1) A motion questioning the jurisdiction of the Board or the presiding officer.

(2) A motion to strike a pleading that is insufficient as to form.

(3) A motion for a more specific pleading.

(b) Except when a motion for a more specific pleading is filed, an answer to a preliminary motion may be filed within the time period prescribed for answers to complaints, petitions and motions. All preliminary motions filed by a party shall be raised at the same time.

(c) If a motion for more specific pleading is filed, an answer may not be filed until further directed by the Board or presiding officer.

(d) A preliminary motion will be decided by the Board or presiding officer within 30 days of the filing of the preliminary motion.

(e) If a preliminary motion to strike is granted, the party who submitted the stricken pleading may file an amended pleading within 10 days of service of the order granting the motion to strike.

(f) This section supersedes 1 Pa. Code §§35.177 -35.180 (relating to motions).

The provisions of this § 493a.9 amended under 4 Pa.C.S. §§ 1202(b)(30) and 1207(2) and (9).

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