§ 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)  Requests for extensions or continuances, 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 1 Pa. Code §  33.12 (relating to verification). Subsections (c) and (e) supersedes 1 Pa. Code §  35.177 (relating to the scope and contents of motions). Subsection (d) supersedes 1 Pa. Code §  35.179 (relating to objections to motions).


   The provisions of this §  1021.92 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883. Immediately preceding text appears at serial pages (289958) to (289959).

Cross References

   This section cited in 25 Pa. Code §  1021.12 (relating to extensions of time); 25 Pa. Code §  1021.95 (relating to miscellaneous motions); and 25 Pa. Code §  1021.133 (relating to reopening of record prior to adjudication).

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