Judicial Code

Rule 4: Pleadings, Motions & Orders


(a)        There shall be a complaint and an answer or petition and response.  A responsive pleading shall be allowed whenever, by cross claim, counterclaim or otherwise, a party is first claimed against unless the Court shall otherwise order.  The Court may grant additional leave to plead in the interest of narrowing and defining issues or as justice may require.

(b)        An application to the Court for an order shall be by motion and shall be in writing, unless made orally during a hearing or trial, and shall set forth the relief or order sought and the grounds therefore stated with particularity.  A motion and notice of motion may be set forth together.

(c)        An order includes every direction of the Court whether included in a judgment or not, and may be made with or without notice to adverse parties and may be vacated or modified with or without notice.


(d)        A motion or hearing on an order shall be automatically continued if the judge before whom it was to be heard is unable to hear it on the day specified and no other judge is available to hear it.

 

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