Allegheny Pennsylvania Motion to Amend a Previous Motion and Notice of Motion

State:
Multi-State
County:
Allegheny
Control #:
US-01062BG
Format:
Word; 
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Description

Granting or denying a party's motion is generally within a trial court's sound discretion, and the court may refuse to hear a motion which is repetitive or is made for an improper purpose such as harassment, unnecessary delay, or to increase in the cost of litigation.

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FAQ

Grounds of and period for filing motion for reconsideration. Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.

In Pennsylvania, defendants are given a timeframe of 10 days to file a motion for reconsideration in the clerk's office of the same court where the case was originally heard. Once a motion is filed, it is sent to all parties involved in a case.

Section 1. Filing of Motion for Reconsideration. - A party adversely affected by a final order, resolution, or decision of the Commission rendered in an adjudicative proceeding may, within fifteen (15) days from receipt of a copy thereof, file a motion for reconsideration.

Rule 1017 - Pleadings Allowed (a) Except as provided by Rule 1041.1, the pleadings in an action are limited to (1) a complaint and an answer thereto, (2) a reply if the answer contains new matter a counterclaim or a cross-claim, (3) a counter-reply if the reply to a counterclaim or cross-claim contains new matter, (4)

According to said rule, both for the motion for new trial as well as for the motion for reconsideration, only one period is granted, namely, 15 days.

A. Reconsideration is the first step in the appeals process for a claimant who is dissatisfied with the initial determination on his or her claim, or for individuals (e.g. auxiliary claimants) who show that their rights are adversely affected by the initial determination.

An answer to a preliminary objection may be filed within 10 days of date of service. (2) Form. The answer must be in writing and in numbered paragraphs to correspond with the preliminary objection, and address the legal and factual grounds relied on in the preliminary objection.

Rule 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint;

Rule 1028(c) - Preliminary Objections (a) Any party to any proceeding may file preliminary objections to any pleading pursuant to PA. R.C.P. 1028(a). Such preliminary objections must be filed within twenty (20) days of the service of the pleading to which the moving party is objecting.

The requirement of filing a response within twenty (20) days of the timely service of an initial pleading, typically a Complaint, can result in the party filing the Complaint seeking a Default Judgment against the party failing to respond.

More info

(a) A petition to open a default judgment shall be presented to the Motions Judge. TO: Please take notice that the within Motion to Continue the Sheriffs Sale shall be presented to the sitting Motions.If one of them passes, the previous motion either goes away (rescind) or is changed. (b) After Docketing. Notice of proposed rulemaking. Fill out an IFP with the IFP Order, and a Petition for Change of Name. You should complete the caption for each order and the notice. Complete this form to document income and expenses of either party in a support case. The same goes for if none of the parents are filing the petition.

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Allegheny Pennsylvania Motion to Amend a Previous Motion and Notice of Motion