58 Pa. Code § 493a.10 - Motions for summary judgment and judgment on the pleadings

(a) Motion for judgment on the pleadings. After the pleadings are closed, but within a time so that the hearing is not delayed, a party may move for judgment on the pleadings.

(b) Motion for summary judgment. After the pleadings are closed, but within a time so that the hearing is not delayed, a party may move for summary judgment based on the pleadings and depositions, answers to interrogatories, admissions and supporting affidavits.

(c) Answers to motions. An answer to a motion for summary judgment or a motion for judgment on the pleadings, including an opposing affidavit to a motion for summary judgment, may be filed with the Clerk and served on all other parties within 30 days of the date of service of the motion. An answer to a motion for summary judgment may be supplemented by pleadings, depositions and answers to interrogatories.

(d) Decisions on motions. If a motion is granted in whole or in part by a presiding officer, it will be in the form of a report or report and recommendation. The Board will make a final ruling on a motion for judgment on the pleadings or a motion for summary judgment.

(e) Supersession. This section supersedes 1 Pa. Code Chapter 35, Subchapter D (relating to motions).

Notes

58 Pa. Code § 493a.10

The provisions of this § 493a.10 amended July 10, 2009, effective 7/11/2009, 39 Pa.B. 3446; amended February 1, 2013, effective 2/2/2013, 43 Pa.B. 660.

The provisions of this § 493a.10 amended under 4 Pa.C.S. §§ 1202(b)(30), 1205 and 1207(2) and (9).

This section cited in 58 Pa. Code § 407a.1 (relating to case files).