Rule 208.4.Initial Consideration of Motion. Court Orders. Issues of Disputed Fact.

Adopted October 24, 2003 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 208.4 governs the initial consideration of a motion, letting the court either dispose of it or set the procedures for deciding it — responses, briefs, affidavits or depositions, a hearing, or, where the motion turns on disputed facts, a rule to show cause that then proceeds under Rule 206.7.

Full Text of Rule 208.4

Text sizeJump to: (a) (b)

(a) At the initial consideration of a motion, the court may enter an order that

(1) disposes of the motion, or

(2) sets forth the procedures the court will use for deciding the motion which may include one or more of the following:

(i) the filing of initial or supplemental responses,

(ii) the filing of initial or supplemental briefs,

(iii) the filing of affidavits, depositions and the like,

(iv) the issuance of a rule to show cause pursuant to subdivision (b) of this rule,

(v) the holding of an evidentiary hearing, and

(vi) the entry of an order providing for any other procedure for develop-ing the record.

(b)

(1) If the moving party seeks relief based on disputed facts for which a record must be developed, the court, upon its own motion or the request of any party including the moving party, may enter an order in the form set forth in paragraph (2) providing for the issuance of a rule to show cause. The procedure following issuance of the rule to show cause shall be in accordance with Rule 206.7.

(2) The order required by paragraph (1) shall be substantially in the following form: (Caption) ORDER AND NOW, , upon consideration of the foregoing motion, it is Date hereby ordered that

(1) a rule is issued upon the respondent to show cause why the moving party is not entitled to the relief requested;

(2) the respondent shall file an answer to the motion within days of this date;

(3) the motion shall be decided under Pa.R.C.P. No. 206.7;

(4) depositions shall be completed within days of this date;

(5) argument shall be held on in Courtroom of the Date County Courthouse; and

(6) notice of the entry of this order shall be provided to all parties by the moving party. By the Court J.

End

Plain-English Summary

This rule gives the court its options at the first look at a motion. The court may enter an order that disposes of the motion outright, or one that lays out how it will be decided.

The procedural menu is broad: initial or supplemental responses and briefs, affidavits and depositions, a rule to show cause, an evidentiary hearing, or any other method for developing the record.

When the moving party seeks relief on disputed facts that need a record, the court — on its own or at a party’s request — may issue a rule to show cause in the form the rule prescribes. From there, the matter follows the petition-practice procedure of Rule 206.7.

Frequently Asked Questions

What can the court do at the initial consideration of a motion?

It may dispose of the motion, or set the procedures for deciding it — responses, briefs, affidavits or depositions, a rule to show cause, an evidentiary hearing, or another way to develop the record.

How are motions that depend on disputed facts handled?

The court may issue a rule to show cause, and the matter then proceeds under Rule 206.7, the same procedure used after a rule to show cause issues in petition practice.

Official Note

Official Note: A court will not necessarily utilize the rule to show cause procedure of subdivision (b) because other methods for developing the record, such as the filing of affidavits, may be the most efficient and appropriate manner for developing a record.

Official Note: In counties in which an evidentiary hearing is held, the order should be modified by deleting paragraphs (4) and (5) and substituting new paragraph (4) to read as follows: (4) an evidentiary hearing on disputed issue of material fact shall be held on in Courtroom of the County Courthouse. The court may provide in the order for disposition upon briefs rather than oral argument. The court has inherent power to permit forms of discovery other than depositions. The court may provide in the order for the filing of briefs.

Amendment History

The provisions of this Rule 208.4 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506.

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: initial consideration of motionrule to show cause on motiondisputed facts