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Motion Practice Toolkit (PA)
Practical Law Toolkit w-041-8612 (Approx. 6 pages)
A Toolkit of links to resources to assist counsel when making a motion under the general civil motions rules in a Pennsylvania court of common pleas. Specifically, this Toolkit offers links to resources with guidance on pre-motion considerations, drafting and formatting motion practice documents such as motions and notices of hearing, and serving and filing motions. The resources linked in this Toolkit also address preparing for and attending oral argument and drafting and submitting a proposed order, and the process if appealing to the Pennsylvania Superior Court from the court's decision on the motion.
A motion is an application to the court for an order. In Pennsylvania, attorneys use written motions to request many types of relief from the court. This Toolkit offers links to resources to guide attorneys on making a motion under the general civil motions rules in a Pennsylvania court of common pleas, such as to:
- Address procedural issues, such as obtaining the court's permission to:
- amend a pleading; or
- file a document under seal.
- Resolve non-dispositive matters, such as discovery disputes.
The resources linked explain:
- The preliminary considerations before making a motion.
- How to format and draft the motion and accompanying documents, including the notice of hearing and proposed order.
- How to file (or electronically file) and serve motion papers.
- Preparing for and attending oral argument on the motion.
- What steps to take after obtaining a ruling on the motion.
This Toolkit also includes links to resources on motions that are governed by procedures set out in specific rules, which may follow general motions practice as a matter of local practice in certain respects, including motions seeking:
- A provisional remedy, such as a preliminary injunction.
- Judgment on the pleadings.
A party to a Pennsylvania state court pleading that wishes to make an initial, pre-answer challenge to a pleading generally must file preliminary objections rather than a motion (for information on preliminary objections, see Practice Note, Preliminary Objections: Overview (PA)).