MOTIONS
§ 1021.91. General.
(a) This section applies to all motions except summary judgment motions and those made during the course of a hearing.
(b) Motions and responses shall be in writing, signed by a party or its attorney and shall be accompanied by a proposed order.
(c) A copy of the motion or response shall be served on the opposing party.
(d) A motion shall set forth in numbered paragraphs the facts in support of the motion and the relief requested.
(e) A response to a motion shall set forth in correspondingly-numbered paragraphs all factual disputes and the reason the opposing party objects to the motion. Material facts set forth in a motion that are not denied may be deemed admitted for the purposes of deciding the motion.
(f) For purposes of the relief sought by a motion, the Board will deem a party’s failure to respond to a motion to be an admission of all properly-pleaded facts contained in the motion.
(g) The moving party may not file a reply to a response to procedural, discovery or miscellaneous motions, unless the Board orders otherwise.
(h) Subsection (b) supplements 1 Pa. Code § 33.11 (relating to the execution) and supersedes 1 Pa. Code § 35.178 (relating to presentation of motions). Subsection (c) supersedes 1 Pa. Code § § 33.32, 33.35 and 33.36 (relating to service by a participant; proof of service; and form of certificate of service). Subsections (d)—(f) supersede 1 Pa. Code § § 35.177 and 35.178 (relating to the scope and content of motions; and presentation of motions).
Source The provisions of this § 1021.91 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709. Immediately preceding text appears at serial pages (313860) to (313861).
Cross References This section cited in 25 Pa. Code § 1021.53 (relating to amendments to appeal or complaint); 25 Pa. Code § 1021.53a (relating to nunc pro tunc appeals); 25 Pa. Code § 1021.133 (relating to reopening of record prior to adjudication); and 25 Pa. Code § 1021.153 (relating to amendment of interlocutory orders).
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