Pennsylvania Motion to Clarify and / or Reconsider and for Protective order

State:
Multi-State
Control #:
US-MOT-01428
Format:
Word; 
Rich Text
Instant download

Description

This form is a Motion to Clarify and/or Reconsider and for a Protective Order. Defendant requests that the court clarify its order and reconsider the order. The defendant also requests a protective order against plaintiff's demand for discovery. The defendant respectfully submits a request for a hearing on the motion at the court's earliest opportunity.
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FAQ

Motion for reconsideration grounds Typically, defendants establish at least one of the following grounds if applicable in their case: The final decision was based on an incorrect interpretation or application of the law; There has been an intervening change in the applied law; or.

Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys.

A motion to reconsider must state with particularity the errors of fact or law in the prior Board decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.

The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.

Motion for reconsideration This is when a party that is affected by a trial court's order asks the same court to reconsider the order, based on new facts, circumstances, or law.

The defendant in a PFA case should have no problem getting a continuance if he or she has not been timely served or needs additional time to retain an attorney. Parties may be surprised when a Court won't grant a continuance of a PFA hearing. Continuances are generally only granted for good cause.

CONTINUANCES: A Temporary PFA Order may be extended and a new Final PFA Hearing date may be rescheduled for various reasons.

How Long are PFA Orders Valid in Pennsylvania? PFA orders can be granted for as little as one month and as long as three years. A final PFA can be renewed by the petitioner when its protections are about to expire through a request to the court.

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Pennsylvania Motion to Clarify and / or Reconsider and for Protective order