Pennsylvania General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

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Multi-State
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US-01056BG
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Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(1) The party against whom the motion to compel is directed shall file an answer within 5 days of service of the motion absent good cause or, in the alternative, respond orally at the hearing if a timely hearing has been scheduled within the same 5-day period.

A motion to make the rule absolute shall evidence compliance with the service requirements of Pa. R.C.P. 440, setting forth the time, place and nature of service. No rule shall be made absolute without certification that the petition and rule to show cause have been served in compliance with Pa.

Filing may be accomplished by delivering or mailing a paper original and a specified number of copies in the Court's district filing office or by electronic filing via the PACFile appellate court electronic filing system. All documents must comply with the general requirements of Pa. R.A.P. 124.

Rule 1034 - Motion for Judgment on the Pleadings (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings.

If the judge fails to decide the motion within 120 days, or to grant an extension as provided in paragraph (B)(3)(b), the motion shall be deemed denied by operation of law.

Motion Court is intended for minor matters only, where the entitlement to relief is clear, and, for good reason,the consent of the other party cannot be obtained. Motion Court is not intended for matters requiring testimony and/or an evidentiary record.

Motion for Dismissal. ([A]a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

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Pennsylvania General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion