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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 113493
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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What does " Rule Returnable " on December 15,2015

Customer Question

What does " Rule Returnable " on December 15,2015 mean? . This just appeared on the docket yesterday. My lawyer filed a motion to court on 10/22/2015 with service
Submitted: 1 year ago.
Category: Business Law
Expert:  Irwin Law replied 1 year ago.

Generally, that would mean that whatever your lawyer filed must be responded to by December 15.

Customer: replied 1 year ago.
My lawyer filed a Motion requesting confidentiality of medical records. Does this mean the judge has not made a decision? Does it mean a court appearance both for defendant and plaintiff? Please be more specific in your answer.
Thank you
Customer: replied 1 year ago.
Do you have a more detailed answer? Or should I seek another legal opinion on Just Answer??
Anticipating your response.
Thank You
Expert:  Irwin Law replied 1 year ago.

But at this point, I don't have any further answer. I will opt out. I will point out though that this questionShould be answered by your own attorney. It's probably very simple.

Customer: replied 1 year ago.
Please then refer me to another lawyer who is more knowledgeable on court procedure, jargon. Thank you
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This court term Rule Returnable, means that a response on the motion is due by that date. If no response is received by that date, then the court can rule on the pleadings or set a hearing.
Customer: replied 1 year ago.
Just received court docket report which was sent to plaintiff. I am defendant . It states " your application in the above case has not been acted upon by the court because it is deficient in the following respects. #1. One of the following documents are not attached : Memorandum of law and certificate of service thereof . #2 . Premature for filing under Bucks Co. Rule of Civil Procedure No. 208. 3 (b) as rule returnable has not yet been issued. Praceipe has been deleted , application is being returned to the Prothonotary.
What does this mean in laymen's language?? My lawyer was too busy to explain today
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
What that means is the motion was not accepted for filing because they did not have either a memorandum of law or the proof they served it to you and also that they never served you the rule returnable (also called a notice of motion). So they have to refile everything if they want to file.
Customer: replied 1 year ago.
When you say "they" is that the plaintiff or defendant ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It does not say in what you posted. Whoever filed the pleadings in the case. If the plaintiff filed them then it is the plaintiff, if the defendant filed then it is the defendant. What you posted simply does not say which.
Customer: replied 1 year ago.
This was sent to the plaintiff attorney. Does that help?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If it went to the plaintiff's attorney, then it has to be in response to the plaintiff's filing telling him he has to file all over again because he did not file what was necessary.
Customer: replied 1 year ago.
Thank you. What is Bucks Co. Rule of Civil Procedure No. 208.3 (b) ? Following states "as rule returnable has not been issued yet". Next" Praecipe has been deleted ". Thank you for explaining.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That rule says if something is not filed correctly it is dismissed and must be refiled.
Customer: replied 1 year ago.
plaintiff has to file a response by December 15, 2015?
Expert:  Law Educator, Esq. replied 1 year ago.
The rule returnable if it were sent to the defendant properly would have meant the defendant had to file a response to plaintiff's motions by that date, yes.
Customer: replied 1 year ago.
now this means my lawyer, DB, we are defendant, filed motion for protective order, but it was returned by court due to" rule 208.3 (b)as rule returnable has not been issued . Court document has been deleted ,application is being returned to Prothonotary". This document was not addressed to either plaintiff or defendant, It was just on the docket dated 11/25.15 when entered. Does it mean that my lawyer did not follow correct filing procedure?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Okay, now we are getting somewhere. So YOUR lawyer filed the motion for protective order, thank you for telling me that. I said above that whoever filed the motion filed it wrong and forgot to include necessary documents, so now the motion needs to be completely refiled, so if it was your lawyer who filed the motion, he forgot to file the notice of motion (Rule Returnable)and as such he needs to refile the whole thing over again.

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