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RELATED DOCUMENTS:
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas


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 Motion to Compel Discovery

 

 Pennsylvania Court of Common Pleas
 Philadelphia County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Deadline for Service of Motion to Compel - Ten (10) Days Before Hearing

Except in cases of emergency or waiver by consent of all parties, at least ten (10) days prior more...   

Deadline for Filing Motions in Arbitrated Cases

The Motion Clerk will not accept a motion in a case where an arbitration hearing is scheduled within more...

Briefing Schedule

Generally, the non-moving party has 20 days to respond to a motion.After the motion is filed, the Motion Clerk will enter a "Response Date" on the Cover Sheet filed more...

Emergency Motions

After reviewing an emergency motion, the judge will determine how the motion will be answered, heard, and resolved. more...

Attorney to Present Certification of Good Faith on Date of Hearing

For any discovery-related motion, the moving party must present to the judge on the date of hearing an more...

Consult Individual Judge's Rules

Some judges may have their own additional requirements for the presentation of motions.You should consult the standing orders of the judge to whom the case is assigned before proceeding with more...

 Rules & Requirements

Basis for Motion to Compel/for Sanctions

A party may file a motion to compel or for sanctions with the court for any of the more...

.

Failure to Make Discovery Not Excused By Objectionable Nature of Discovery Request

The fact that the discovery sought was objectionable is no excuse for a party's failure to respond or more...

No Showing of Willfulness Required

The court may impose sanctions for failure to comply with discovery even if the failure is not willful, more...

Penalties for Failure to Comply with Discovery

In ruling on a motion to compel, the court may issue an order providing for any of the more...

.

Expenses on Party's Failure to Admit

If at the trial or hearing, a party proves a matter that another party failed to admit as more...

.

Expenses on Party's Failure to Take Noticed Deposition

If a party who has served another party with notice of a deposition fails to attend and proceed more...

Expenses on Party's Failure to Subpoena Witness for Deposition

If a party who has served another party with notice of a deposition fails to serve a subpoena more...

Expenses for Filing Discovery Motion in Bad Faith

If the court finds that a party has filed a discovery-related motion for the purpose of delay or more...

.

Failure to Disclose Identity of Witness

If a party fails to disclose the identity of a witness to the extent required in discovery, that more...

No Costs Awarded Against Commonwealth

Expenses and attorneys' fees may not be imposed against the Commonwealth under Rule 4019. . more...

Procedure on Deponent's Refusal to Proceed or Answer Question

If a deponent refuses to be sworn or to answer any question, the proponent of the question may more...

Certification of Good Faith Attempt to Resolve Discovery Dispute

For any discovery-related motion, the moving party must present to the judge on the date of hearing an more...

Motion Control Number

After a motion has been filed, the Motion Clerk will assign a unique "Control Number" to the motion more...

Motion for Sanctions

If the court determines, on its own motion or on the motion of a party, that any party more...

 Form & Format of Papers

Note:Although the Philadelphia Civil Rules impose various formatting requirements as outlined below, those Rules also provide that the prothonotary more...

Brief Required

All motions, except for motions for extraordinary relief, must be accompanied by a brief or memorandum of law more...

Contents of Brief

Each brief must contain separately and distinctly titled, concise and summary statements of each of the following items, more...

Matter Before the Court

The party must state the particular motion before the court to be decided and the particular relief requested. more...

Statement of Question(s) Involved

The party must state, in question form, the particular issue(s) raised in the motion, along with factual context more...

Facts

The party must state the operative facts relevant to the motion. . more...

Argument

The party must state the reason(s) why the court should resolve the motion as the moving party proposes. more...

Relief

The party must state the specific action requested of the court. . more...

Caption

The caption in any pleading, opinion, brief, or other paper or record filed with the prothonotary must appear more...

; .

Paper Type

All papers and records filed with the prothonotary must be prepared on letter size (approximately 8.5" x 11") more...

Font

Briefs or memoranda of law must be typewritten, printed, or otherwise duplicated. . more...

Margins and Spacing

Margins must be no less than 3/4" at left and " inch at right. All papers must be double-spaced. more...

Signature

Every pleading, written motion, and other paper directed to the court must be signed by the party or more...

The signature constitutes a certification that: more...

.

An attorney's signature on a paper to be filed with the court constitutes a certification of authorization to more...

Electronic Signatures

Electronic filing of a pleading or legal paper constitutes: more...

.

Additional Formatting Requirements

Philadelphia County Court of Common Pleas SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Emergency Motions

Emergency motions will be considered initially without written response or briefs.After the motion is filed, the motion clerk will assign it to the appropriate judge, who will review more...

 Additional Documents

Cover Sheet

All Motions must be accompanied by a completed Petition/Motion Cover Sheet as provided in Phila.Civ.R. 205.2(b)(2). . more...

Discovery Argument Request Form

For any discovery-related motion, the moving party must file or fax to the Discovery Clerk (City Hall, Room more...

.

Notice of Presentation and Certification of Service

Along with a copy of the motion and proposed order, the party must serve all parties with a more...

Proposed Order

Every motion and response to a motion must be accompanied by a proposed order that bears no reference more...

Documents or Items Relevant to Disposition of Motion

All motions other than discovery motions shall be filed with the Prothonotary and the requisite fee paid, and more...

.

Motion for Sanctions

For Bad Faith

If the court determines, on its own motion or on the motion of a party, that any party more...

For Failure to Comply with Order Compelling Discovery

A party may move for further sanctions if another party or person fails to comply with an order more...

 Filing & Service

Consult Individual Judge's Rules

Individual judges sometimes have specific rules about filing motion papers.For example, some judges prefer to receive courtesy copies of motions and supporting briefs, while others do not. more...

Filing

Filing

All discovery motions, except those filed in mass tort cases, must be presented to the Judge of Discovery more...

Electronic Filing

Commencing at 9:00 AM on January 5, 2009, parties shall electronically file all legal papers, as defined in .4(a)(2) more...

The Civil Electronic Filing User Manual is available from the court's website at: more...

.

Any legal paper that does not require a judge's signature before filing may be submitted, along with the more...

Filing Fees

A list of filing fees in Philadelphia County can be found at: . more...

Timing

A paper sent by mail is deemed filed when it is received by the appropriate officer. . more...

Service

Timing; Who Must Be Served

Service by electronic transmission is complete when a legal paper is sent: more...

.

Local Rule Re Service of Electronic Documents

If a legal paper is electronically filed, the Civil Electronic Filing System will automatically serve all persons who more...

Upon filing a motion, the moving party immediately must serve conformed copies of all documents filed with the more...

Notice of Presentation and Certification of Service

Along with a copy of the motion and proposed order, the party must serve all parties with a more...

Method

Opposing parties or attorneys may be served either in person, by mail, or at such other address as more...

Additional Rules for Serving Motions

Philadelphia County Court of Common Pleas SmartRules procedural guide: SERVICE OF PAPERS. more...

 Hearing & Disposition

Scheduling the Hearing

After receiving the filing fee and Discovery Argument Request Form, the Discovery Clerk will assign the discovery motion more...

Submission of Original Motion and Proposed Order At Hearing

On a discovery motion, the moving party must retain the original motion and proposed order, which are to more...

Every motion and response to a motion must be accompanied by a proposed order that bears no reference more...

Procedure on Date of Hearing

On the date of hearing, the moving party must hand the following items to the Discovery Judge: more...

.

Disposition of Discovery Motion

On the date of argument, the Discovery Judge will: more...

.

Disposition Upon Parties' Failure to Appear

If all parties fail to appear for the hearing, the court will deem the discovery motion moot. more...

If all parties other than the moving party fail to appear, the court will deem the motion uncontested more...

If the moving party fails to appear but an opposing party appears pursuant to a Notice of Presentation more...

Notice of Entry of Order

If the court rules on the motion immediately after argument, the moving party must send a copy of more...

Time for Ruling on Motion

There is no specific time period in which the court must rule on a motion. more...

Failure to Comply with Order Compelling Discovery

A party may move for further sanctions if another party or person fails to comply with an order more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas