234 Pa. Code Rule 575
(C) Format of Motions, Answers, and Briefs
All motions, answers, and briefs must conform to the following requirements:
(D) Unified Practice
Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a party to attach a proposed order to a motion or an answer, requiring an answer to every motion, or requiring a cover sheet or a backer for any motion or answer.
Comment
For the definition of ‘‘motion,’’ see Rule 103.
See Rule 1005 for the procedures for pretrial applications for relief in the Philadelphia Municipal Court.
‘‘Rules to Show Cause’’ and ‘‘Rules Returnable’’ were abolished in 2004 because the terminology is arcane, and the concept of these ‘‘rules’’ has become obsolete. These ‘‘rules’’ have been replaced by the plain language ‘‘notice of hearings’’ provided in Rule 577(A)(2).
Pursuant to paragraphs (A)(2)(f) and (B)(3)(c), and Rule 576(b)(4), all filings by the parties must include a certificate of service setting forth the date and manner of service, and the names, addresses, and phone numbers of the persons served.
Although paragraph (B)(1) does not require an answer to every motion, the rule permits a judge to order an answer in a specific case. See Rule 114 for the requirements for the filing and serving of orders, and for making docket entries.
Paragraph (B)(1) changes prior practice by providing that the failure to answer a motion in a criminal case never constitutes an admission. Although this prohibition applies in all cases, even those in which an answer has been ordered in a specific case or is required by the rules, the judge would have discretion to impose other appropriate sanctions if a party fails to file an answer ordered by the judge or required by the rules.
See Rule 113.1 regarding the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania and the requirements regarding filings and documents that contain confidential information.
Paragraph (C), added in 2006, sets forth the format requirements for all motions, answers, and briefs filed in criminal cases. These new format requirements are substantially the same as the format requirements in Pennsylvania Rule of Appellate Procedure 124(a) and Pennsylvania Rule of Civil Procedure 204.1.
The format requirements in paragraph (C) are not intended to apply to pre-printed and computer-generated forms prepared by the Administrative Office of Pennsylvania Courts; to charging documents; to documents routinely used by court-related agencies; or to documents routinely prepared or utilized by the courts.
Pro se defendants may submit handwritten documents that comply with the other requirements in paragraph (C) and are clearly readable.
Paragraph (D), titled ‘‘Unified Practice,’’ was added in 2004 to emphasize that local rules must not be inconsistent with the statewide rules. Although this prohibition on local rules that are inconsistent with the statewide rules applies to all criminal rules through Rule 105 (Local Rules) and Pa.R.J.A. No. 103(d), the reference to the specific prohibitions is included because these types of local rules have been identified by practitioners as creating significant impediments to the statewide practice of law within the unified judicial system. See Pa.R.J.A. No. 103(d)(1). The term ‘‘local rule’’ includes every rule, regulation, directive, policy, custom, usage, form or order of general application. See Pa.R.J.A. No. 103(d)(1).
The prohibition on local rules mandating cover sheets was added because cover sheets are no longer necessary with the addition of the Rule 576(b)(1) requirement that the court administrator be served a copy of all motions and answers.
Although paragraph (D) precludes local rules that require a proposed order be included with a motion, a party should consider whether to include a proposed order. Proposed orders may aid the court by defining the relief requested in the motion or answer.
Official Note
Former Rule 9020 adopted October 21, 1983, effective January 1, 1984; renumbered Rule 574 and amended March 1, 2000, effective April 1, 2001; rescinded March 3, 2004, effective July 1, 2004. Former Rule 9021 adopted October 21, 1983, effective January 1, 1984; renumbered Rule 575 and amended March 1, 2000, effective April 1, 2001; Rules 574 and 575 combined as Rule 575 and amended March 3, 2004, effective July 1, 2004; amended July 7, 2006, effective February 1, 2007; amended January 5, 2018, effective January 6, 2018; amended June 1, 2018, effective July 1, 2018.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).
Final Report explaining the March 3, 2004 rule changes combining Rule 574 with Rule 577 published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004).
Final Report explaining the July 7, 2006 addition of the format requirements in paragraph (C) published with the Court’s Order at 36 Pa.B. 3808 (July 22, 2006).
Final Report explaining the January 5, 2018 amendment regarding the Court’s public access policy published with the Court’s Order at 48 Pa.B. 490 (January 20, 2018).
Amendment regarding the Court’s public access policy published with the Court’s Order at 48 Pa.B. 3575 (June 16, 2018).
The provisions of this Rule 575 amended March 3, 2004, effective July 1, 2004, 34 Pa.B. 1547; amended July 7, 2006, effective February 1, 2007, 36 Pa.B. 3808; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 487; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3575; amended January 4, 2022, effective July 1, 2022, 52 Pa.B. 346. Immediately preceding text appears at serial pages (392762) to (392765).