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Rule 9020. Motions.
Uncontested Motions
(1) Uncontested motions-defined. Uncontested motions are defined as those:
(2) Filing of uncontested motions. Uncontested motions shall be filed with the Clerk of Courts and then may be presented to the judge for entry of the uncontested proposed order.
(3) Notice and service to opposing party or counsel. Before an uncontested motion is filed, the moving party shall furnish a copy of the motion and any proposed order to the other party or counsel of record if the party is represented. Certification that the motion and proposed order are uncontested shall be completed and attached thereto in a form similar to that set forth as Form 9020B(3). Counsel may indicate that the other party or counsel have consented; consents of the other party or counsel are attached or that the order only seeks a return hearing or argument date and no other relief.
Contested Motions
In all contested matters, the moving party shall serve upon the opposing party or their counsel, if they have counsel, a copy of the proposed motion and the order, prior to presentation to the judge and shall have informed the opponent of the date and time when the proposed motion and order is to be presented. Such notice and service shall occur at least two business days prior to the date of presentation in a manner set forth in Local Rule 9023. Service for the purpose of this rule must be reasonably calculated to have occurred in a manner that the other party actually has the notice at least two business days prior to the presentation of the motion except upon consent of both parties or leave of Court. Certification of notice and service shall be attached in a form similar to that set forth as Form 9020B(3).
A proposed order shall accompany each motion or petition filed.
Form 9023 B (3)
NOTICE
You are hereby notified that the attached
motion/petition will be presented by me on
______________________ , _______:
( ) to the Court as an uncontested matter;
( ) to the Court at________o'clock a.m./p.m.
CERTIFICATION OF NOTICE AND SERVICE
The undersigned represents that two days prior
notice and a copy of this motion and proposed order have
been served by ( ) hand delivery, ( ) first class mail,
( ) certified or registered mail, ( ) facsimile on the
____day of_________________,______ upon the other party
or their counsel of record in accordance with Pa.R.Crim.P.
9023 and Local Rule 9023. [The date indicated for service
shall be the date determined that actual service occurred
pursuant to Local Rule
9023.]
INFORMATION FOR COURT ADMINISTRATOR
A. Estimated Court time required if this matter is granted:
_______minutes _______hours _______days
B. Is this motion/petition opposed by the other party?
_______yes ________no
C. Judge previously involved [Sentencing Judge if applicable]:
____________________________________
D. (1) Schedule for next available argument court.
(2) Schedule first available time.
UNCONTESTED MOTION CERTIFICATION
The undersigned represents that:
_______ 1. The other party or counsel have consented.
_______ 2. Consents of the other party or counsel are attached.
_______ 3. The order seeks only a return hearing or
argument date and no other relief.
I HEREBY CERTIFY ALL OF THE ABOVE STATEMENTS ARE TRUE AND CORRECT.
Other party or counsel:
By:___________________________________
Attorney
for:___________________________________
Pro Se Filings
(1) All pro se petitions and motions must be filed and docketed in the office of the Clerk of Courts. Petitions and motions sent to any other office shall be returned with a copy of this rule attached thereto.
(2) The Clerk of Courts shall forward a copy of all documents filed by individuals themselves, to their attorney of record, if any.
(3) All pro se filings must be clocked in by the Clerk of Courts. Filings which are not in compliance with the law or rule of court shall be duly noted and forwarded immediately to the office of the Court Administrator. The Court Administrator, after consulting with the Court, shall notify the individual of the deficiency in the filing.
(4) Notice to any individual who has filed a deficient pleading shall be as follows:
NOTICE. YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS WHICH IS NOT IN COMPLIANCE WITH THE LAW OR RULE OF COURT. YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN PREJUDICE TO YOUR RIGHTS OR CLAIM. YOU SHOULD CONSULT A LAWYER IMMEDIATELY. IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ENTITLED TO BE REPRESENTED FREE OF CHARGE BY THE PUBLIC DEFENDER'S OFFICE. IF YOU BELIEVE YOU QUALIFY, CONTACT THE FOLLOWING OFFICE: Warren County Public Defender Warren County Courthouse Warren, PA 16365 Forest County Public Defender Forest County Courthouse Tionesta, PA 16353 IF YOU ARE INCARCERATED, YOU MAY OBTAIN AN APPLICATION FOR THE PUBLIC DEFENDER'S OFFICE BY ASKING THE STAFF IN THE JAIL. IF YOU ARE ALREADY REPRESENTED BY COUNSEL, A COPY OF YOUR FILING HAS BEEN SENT TO THEM BY THE CLERK OF COURTS. IF YOU ARE NOT REPRESENTED BY COUNSEL AND DESIRE TO REPRESENT YOURSELF OR DO NOT QUALIFY FOR FREE COUNSEL, YOU ARE INSTRUCTED THAT YOU MUST BRING YOUR FILING INTO COMPLIANCE WITH THE LAW OR RULE OF COURT YOU HAVE VIOLATED, OR YOUR RIGHTS OR CLAIM MAY BE PREJUDICED.