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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 1354 (February 26, 2022).

52 Pa. Code § 1005.71. Motions.


§ 1005.71. Motions.

 (a)  Scope and content. A request may be made by motion for relief desired, except as may be otherwise expressly provided in this subpart. A motion must set forth the ruling or relief sought, and state the grounds therefore and the statutory or other authority upon which it relies.

 (b)  Presentation of motions. A motion may be made in writing at any time, and a motion made during a hearing may be stated orally upon the record, or the presiding officer may require that an oral motion be reduced to writing and filed separately. Written motions must contain a notice which states that a responsive pleading shall be filed within 20 days of the date of service of the motion.

 (c)  Response to motions. A party has 20 days from the date of service within which to answer or object to a motion, unless the period of time is otherwise fixed by the Authority or the presiding officer.

 (d)  Rulings on motions.

   (1)  The Authority or presiding officer will rule upon motions when an immediate ruling is essential in order to proceed with the hearing.

   (2)  A motion made during the course of hearing, which if granted would otherwise dispose of parties’ rights, should be acted upon by the presiding officer prior to taking further testimony if, in the opinion of the presiding officer, the action is warranted.

   (3)  If a motion involves a question of jurisdiction, the establishment of a prima facie case or standing, the presiding officer may render a final determination with regard to a motion prior to the termination of hearings by issuing an initial or recommended decision.

 (e)  Preliminary motions.

   (1)  Preliminary motions are available to parties and may be filed in response to a pleading, except the following:

     (i)   Motions.

     (ii)   Answers to motions.

   (2)  Preliminary motions must state specifically the legal and factual grounds relied upon and be limited to the following:

     (i)   Lack of Authority jurisdiction or improper service of the pleading initiating the proceeding.

     (ii)   Failure of a pleading to conform to this chapter or the inclusion of scandalous or impertinent matter.

     (iii)   Insufficient specificity of a pleading.

     (iv)   Legal insufficiency of a pleading.

     (v)   Lack of capacity to sue or nonjoinder of a necessary party.

     (vi)   Pendency of a prior proceeding or agreement for alternative dispute resolution.

 (f)  Supersession. Subsection (a) supersedes 1 Pa. Code §  35.177 (relating to scope and contents of motions). Subsection (b) supersedes 1 Pa. Code §  35.178 (relating to presentation of motions). Subsection (c) supersedes 1 Pa. Code §  35.179 (relating to objections to motions). Subsection (d) supersedes 1 Pa. Code §  35.180 (relating to action on motions). Subsection (e) supersedes 1 Pa. Code § §  35.54 and 35.55 (relating to motions as to complaints; and motions as to answer).

Cross References

   This section cited in 52 Pa. Code §  1005.243 (relating to certification of interlocutory orders).

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