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PA Bulletin, Doc. No. 98-2

THE COURTS

FAYETTE COUNTY

Amended Rule; Local Rule 211: Motions Court; No. 2476 of 1997, G. D.

[28 Pa.B. 8]

Order

   And Now, this 11th day of December, 1997, it is hereby Ordered that the above-stated Local Rule be as hereafter set forth. This amendment shall be effective 30 days after the publication in the Pennsylvania Bulletin.

   The Prothonotary of Fayette County is Ordered and Directed to do the following:

   (1)  File seven (7) certified copies of this Order and Amended Rule with the Administrative Office of Pennsylvania Courts.

   (2)  File two (2) certified copies of this Order and Amended Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  File one (1) certified copy of this Order and Amended Rule with the Pennsylvania Civil Rules Committee.

   (4)  Forward one (1) copy for publication in the Fayette Legal Journal.

   (5)  Forward one (1) copy to the Fayette County Law Library, one (1) copy to the Clerk of Courts and one (1) copy to the Clerk of the Orphans' Court.

   (6)  Keep continuously available for public inspection copies of this Order and Amended Rule.

   It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.

By the Court

WILLIAM J. FRANKS,   
President Judge

Rule 211.  Motions Court.

   (a)  Motions Court will be held daily at 9:00 o'clock A.M. in the courtroom of the assigned Judge.

   (b)  The purpose of Motions Court is to afford all parties an opportunity to present to the Court matters which require action by the court, including Orphans' Court and Criminal Court matters.

   (c)  As used herein, the term ''motion'' shall include every type of motion, petition, preliminary objection or other request for action by the Court.

   (d)  A motion shall be considered by the Court only as provided by these rules, except under exigent circumstances.

   (e)  The court Administrator shall maintain a Motions Docket and shall make daily entries of all motions filed and the disposition thereof. The moving party SHALL FILE THE ORIGINAL motion, certificate, and any attachments in the appropriate office before presentment in Motions Court. An original proposed order, a copy of the certificate and motion, ASSEMBLED IN THAT ORDER, shall be delivered to the Court Administrator and every other party of record. Such copies and notice shall be given so as to be received at least two business days before presentation in Motions Court, unless there are emergency circumstances specified in the motion requiring presentation within a shorter time.

   (f)  The Court Administrator shall assign each motion to a Judge for disposition. The Judge will conduct such hearing, allow such argument, and enter such order as is appropriate. The Judge may continue the consideration of any motion to a later date to allow other parties of record to be heard.

   (g)  All motions shall be accompanied by a certificate in the form attached hereto, completed and signed by the presenter setting forth the following:

   (1)  The name of the person presenting the motion and the party represented;

   (2)  The date and manner of service of all other parties;

IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA

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CERTIFICATE

   1.  The undersigned, _________________ , represents, _________________ , the moving party herein.

   2.  I certify that a copy of the attached motion was served on _________________ on the ______ day of ______ , 19 __ by mail/facsimile/hand delivery.

   3.  The attached motion will be presented in Motions Court on ______ , ______ , 19 __ at 9:00 o'clock A.M.

   4.  The attached motion shall be classified as a ROUTINE/PRIORITY motion as defined by Fayette County Rule 211.1(a)/Rule 211.2(a).

   5.  No Judge/Judge _________________ has previously ruled on a matter relevant to the attached motion. (SEE ATTACHED PERTINENT ORDER(S).)

   6.  The SPECIFIC citation for the Court's authority to grant the relief requested is _________________ .

   7.  Estimated court time:  ______ .

Respectfully submitted,

_________________
___________________________
DATE

[Pa.B. Doc. No. 98-2. Filed for public inspection January 2, 1998, 9:00 a.m.]


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