Current through Register Vol. 54, No. 45, November 9, 2024
Section 1021.92 - Procedural motions(a) This section applies to motions pertaining to the procedural aspects of a case, including motions for continuance, for expedited consideration, for extensions of time in which to file documents and for stay of proceedings.(b) Procedural motions do not require verification.(c) Procedural motions shall contain a statement indicating the nonmoving party's position on the relief requested or a statement that the moving party, after a reasonable effort, has been unable to determine the nonmoving party's position.(d) If all parties consent to the relief requested, the request may be embodied in a letter, provided the letter indicates the consent of the other parties.(e) Procedural requests, whether in letter or motion form, shall be accompanied by a proposed order.(f) A response to a procedural motion shall be filed with the Board within 15 days of the date of service of the motion unless otherwise ordered by the Board.(g) Procedural motions may not be accompanied by supporting memoranda of law unless otherwise ordered by the Board.(h) Subsection (b) supersedes 33.12 (relating to verification). Subsections (c) and (e) supersedes 35.177 (relating to the scope and contents of motions). Subsection (d) supersedes 35.179 (relating to objections to motions).The provisions of this §1021.92 amended September 3, 1999, effective 9/4/1999, 29 Pa.B. 4683; amended June 28, 2002, effective 6/29/2002, 32 Pa.B. 3085; amended November 29, 2002, effective 11/30/2002, 32 Pa.B. 5883.Amended by Pennsylvania Bulletin, Vol 54, No. 20. May 18, 2024, effective 5/18/2024 This section cited in 25 Pa. Code § 1021.12 (relating to extensions of time); 25 Pa. Code § 1021.32 (relating to filing); 25 Pa. Code § 1021.95 (relating to miscellaneous motions); and 25 Pa. Code § 1021.133 (relating to reopening of record prior to adjudication).