Rule Text
(a) A motion shall
(1) contain a caption setting forth the name of the court, the number of the action, the name of the motion, and the name of the moving party,
(2) be divided into paragraphs numbered consecutively,
(3) set forth material facts constituting grounds for the relief sought, specify the relief sought and include a proposed order,
(4) include a certificate of service which sets forth the manner of service including the name of an attorney of record for each party that is represented by counsel, the party whom the attorney represents, a ‘‘pro se’’ designation for each party that is unrepresented, and the address at which service was made, and
(5) be signed and endorsed.
(b) A motion need not be verified unless verification is required by general rule governing the particular motion or by order of court.
Amendment history: The provisions of this Rule 208.2 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended October 15, 2004, effective immediately, 34 Pa.B. 5889; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceeding text appears at serial pages (369608) to (369609).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When you file a motion in a Pennsylvania civil case, it must be set up in a specific way. It needs a header with the court name, case number, the name of the motion, and your name. The motion must be broken into numbered paragraphs, explain the facts behind your request, state exactly what you want the court to do, and include a draft order for the judge to sign.
Your motion also needs a certificate of service. This is a statement showing that you sent copies to everyone involved in the case. It must list the name of each party's lawyer, who that lawyer represents, and the address where you sent the copy. If someone does not have a lawyer, you mark them as "pro se" and list their address instead.
You must sign the motion before filing it. In most cases, you do not need to swear that the facts are true under oath, unless a specific rule or judge requires it.
Committee Notes
Motions are subject to Rule 440 governing service of legal papers other than original process, Rule 1023.1 governing the signing of documents, and Rule 1025 governing the endorsement of legal papers. Any requirements of a court relating to the format of a motion and cover sheet must be set forth in local rules numbered Local Rule 205.2(a) and Local Rule 205.2(b).
Rule 239.3(a) authorizes a court to require that a motion include a brief statement of the applicable authority. Rule 239.3(a) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(c), stating the requirement.
Rule 239.3(b) also authorizes each court to provide a certification requirement for a motion as uncontested. Rule 239.3(b) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(d), stating the requirement.
Similarly, Rule 239.3(c) authorizes each court of common pleas to require the moving party in any motion relating to discovery to certify that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. Rule 239.3(c) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(e), stating the requirement.
