58 Pa. Code § 493a.9 - Preliminary motions
(a) A
preliminary motion may be filed by a party. The preliminary motion must state
the specific grounds relied upon, and be limited to the following:
(1) A motion questioning the jurisdiction of
the Board or the presiding officer.
(2) A motion to strike a pleading that is
insufficient as to form.
(3) A
motion for a more specific pleading.
(b) Except when a motion for a more specific
pleading is filed, an answer to a preliminary motion may be filed within the
time period prescribed for answers to complaints, petitions and motions. All
preliminary motions filed by a party shall be raised at the same
time.
(c) If a motion for more
specific pleading is filed, an answer may not be filed until further directed
by the Board or presiding officer.
(d) A preliminary motion will be decided by
the Board or presiding officer within 30 days of the filing of the preliminary
motion.
(e) If a preliminary motion
to strike is granted, the party who submitted the stricken pleading may file an
amended pleading within 10 days of service of the order granting the motion to
strike.
Notes
The provisions of this § 493a.9 amended under 4 Pa.C.S. §§ 1202(b)(30) and 1207(2) and (9).
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