reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 205.4 - Electronic Filing and Service of Legal Papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) A
				court by local rule may permit or require electronic filing of legal papers
				with the prothonotary and shall specify the actions and proceedings and the
				legal papers subject to the rule.
(2) As used in this rule, the following words
				shall have the following meanings:
"electronic filing," the electronic transmission of legal
				  papers by means other than facsimile transmission,
"filing party," an attorney, party or other person who files
				  a legal paper by means of electronic filing, and
"legal paper," a pleading or other paper filed in an action,
				  including exhibits and attachments.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 205.5 - Cover Sheet

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) This rule shall apply to all actions
				governed by the rules of civil procedure except the following:
(i) actions pursuant to the Protection from
				Abuse Act, Rules 1901
et seq
.
(ii) actions for support, Rules 1910.1
et seq
.
(iii)
				actions for custody, partial custody and visitation of minor children, Rules
				1915.1
et seq
.
(iv) actions for divorce or annulment of
				marriage, Rules 1920.1
et seq
.
(v) actions in domestic relations generally,
				including paternity actions, Rules 1930.1
et seq
.
(vi) voluntary mediation in custody actions,
				Rules 1940.1
et seq
.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 205.6 - Confidential Information and Confidential Documents. Certification

Current through Register Vol. 54, No. 28, July 13, 2024
Unless public access is otherwise constrained by applicable
				  authority, any attorney, or any party if unrepresented, who files a document
				  pursuant to these rules with the prothonotary's office shall comply with the
				  requirements of Sections
				  7.0 and
				  8.0 of the
Case Records
				  Public Access Policy of the Unified Judicial System of Pennsylvania
(Policy) including a certification of compliance with the Policy and, as
				  necessary, a Confidential Information Form or a Confidential Document Form in
				  accordance with the Policy.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 206.1 - Petition. Definition. Content. Form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this chapter, "petition" means
(1) an application to strike and/or open a
				default judgment or a judgment of non pros, and
(2) any other application which is designated
				by local rule, numbered Local Rule
				206.1(a), to be
				governed by Rule 206.1
et seq.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 206.2 - Answer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An answer shall
				state the material facts which constitute the defense to the
				petition.
(b) An answer to a
				petition shall be divided into paragraphs, numbered consecutively,
				corresponding to the numbered paragraphs of the petition.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 206.4 - Rule to Show Cause. Alternative Procedures. Exception

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) Except as provided by subparagraph (2), a
				petition shall proceed upon a rule to show cause, the issuance of which shall
				be discretionary with the court as provided by Rule
				206.5 unless the court by local
				rule adopts the procedure of Rule
				206.6 providing for issuance as
				of course.
(2) A judgment shall be
				stricken without the issuance of a rule to show cause when there is a defect on
				the face of the record that constitutes a ground for striking a default
				judgment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 206.5 - Rule to Show Cause. Discretionary Issuance. Stay. Form of Order. Rule Inapplicable to Petition to Strike Default Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Rescinded.
(b) A petitioner seeking the issuance of a
				rule to show cause shall attach to the petition a proposed order in the form
				prescribed by subdivision (d) and give notice to all other parties of the
				intention to request the court to issue the rule.
(c) If the petition is within the scope of
				Rule 206.1(a), is
				properly pleaded, and states prima facie grounds for relief, the court shall
				enter an order issuing a rule to show cause and may grant a stay of the
				proceedings.
(d) The form of order
				required by subdivision (b) shall be substantially in the following form:
(CAPTION)
ORDER
AND NOW, this ___ day of ____________ , ___ , upon
				  consideration of the foregoing petition, it is hereby ordered that
(1) a rule is issued upon the respondent to
				show cause why the petitioner is not entitled to the relief
				requested;
(2) The respondent shall
				file an answer to the petition within ___days of this date;
(3) The petition 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 ____________ County Courthouse; and
(6) notice of the entry of this order shall
				be provided to all parties by the petitioner.
BY THE COURT:
______________________________________
J.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 206.6 - Rule to Show Cause. Issuance as of Course. Stay. Form of Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A rule to show
				cause shall be issued as of course upon the filing of the petition. The rule
				shall direct that an answer be filed to the petition within twenty days after
				service of the petition on the respondent.
(b) The court may grant a stay of the
				proceedings.
(c) The petitioner
				shall attach to the petition a proposed order substantially in the following
				form:
(CAPTION)
ORDER
AND NOW, this ___ day. ____________ , ___ , upon
				  consideration of the foregoing petition, it is hereby ordered that
(1) a rule is issued upon the respondent to
				show cause why the petitioner is not entitled to the relief
				requested;
(2) The respondent shall
				file an answer to the petition within twenty days of service upon the
				respondent;
(3) The petition 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 ____________ County
				Courthouse; and
(6) notice of the
				entry of this order shall be provided to all parties by the petitioner.
BY THE COURT: ______________________________________
J.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 206.7 - Procedure After Issuance of Rule to Show Cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an answer is not filed, all averments
				of fact in the petition may be deemed admitted for the purposes of this
				subdivision and the court shall enter an appropriate order.
(b) If an answer is filed raising no disputed
				issues of material fact, the court on request of the petitioner shall decide
				the petition on the petition and answer.
(c) If an answer is filed raising disputed
				issues of material fact, the petitioner may take depositions on those issues,
				or such other discovery as the court allows, within the time set forth in the
				order of the court. If the petitioner does not do so, the petition shall be
				decided on petition and answer and all averments of fact responsive to the
				petition and properly pleaded in the answer shall be deemed admitted for the
				purpose of this subdivision.
(d)
				The respondent may take depositions, or such other discovery as the court
				allows.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 207.1 - Motion to Exclude Expert Testimony Which Relies Upon Novel Scientific Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a party
				moves the court to exclude expert testimony which relies upon novel scientific
				evidence, on the basis that it is inadmissible under Pa.R.E. 702 or 703,
(1) The motion shall contain:
(i) The name and credentials of the expert
				witness whose testimony is sought to be excluded,
(ii) a summary of the expected testimony of
				the expert witness, specifying with particularity that portion of the testimony
				of the witness which the moving party seeks to exclude,
(iii) The basis, set forth with specificity,
				for excluding the evidence,
(iv)
				the evidence upon which the moving party relies, and
(v) copies of all relevant curriculum vitae
				and expert reports;
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 208.1 - Motion. Definition. Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in
				this chapter, "motion" means any application to the court for an order made in
				any civil action or proceeding except as provided by subdivision (b)(1) and
				(2).
(b)
(1) The rules of this chapter shall not apply
				to the following matters:
(i) preliminary
				objections (Rule 1028),
(ii)
				motions for judgment on the pleadings (Rule 1034) and for summary judgment
				(Rule 1035.1 et seq.),
(iii)
				requests for special relief, including preliminary injunctions,
(iv) motions relating to the conduct of the
				trial, including motions for nonsuit pursuant to Rule 218, motions relating to
				jury selection, motions to exclude expert testimony pursuant to Rule
				207.1, motions in limine, and
				motions made during the course of the trial,
(v) motions for post-trial relief (Rule
				227.1),
(vi) motions for delay
				damages (Rule 238),
(vii) petitions
				(Rule 206.1), and
(viii) petitions
				for relief from a judgment by confession (Rule 2959).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 208.2 - Motion. Form. Content

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 208.3 - Alternative Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				as otherwise provided by subdivision (b), the court shall initially consider a
				motion without written responses or briefs. For a motion governed by this
				subdivision, the court may not enter an order that grants relief to the moving
				party unless the motion is presented as uncontested or the other parties to the
				proceeding are given an opportunity for an argument.
(b) A court, by local rule, numbered Local
				Rule 208.3(b), may
				impose requirements with respect to motions listed in the rule for the filing
				of a response, a brief or both. Where a response is required, any party
				opposing a motion governed by Local Rule
				208.3(b) shall
				file the response within twenty days after service of the motion, unless the
				time for filing the response is modified by court order or enlarged by local
				rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 208.4 - Initial Consideration of Motion. Court Orders. Issues of Disputed Fact

Current through Register Vol. 54, No. 28, July 13, 2024
(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 developing the record.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 210 - Form of Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
Briefs shall be typewritten, printed, or otherwise
				  duplicated, and endorsed with the name of the case, the court and number and
				  the name, address, and telephone number of the attorney or the party if not
				  represented by an attorney.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 211 - Oral Arguments

Current through Register Vol. 54, No. 28, July 13, 2024
Any interested party may request oral argument on a motion.
				  The court may require oral argument, whether or not requested by a party. The
				  court may dispose of any motion without oral argument.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 212 - Pre-Trial Conference

Current through Register Vol. 54, No. 28, July 13, 2024
Rule 212 was renumbered as Rule
					 212.3 pursuant to an order dated
					 August 11, 1997, effective December 1, 1997.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 212.1 - Civil actions to be tried by jury. Notice of earliest trial date. Time for completing discovery and filing pre-trial statement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a civil action in which the damages
				sought exceed the jurisdictional limit for compulsory arbitration and which is
				to be tried by a jury, notice shall be given by the court of the earliest date
				on which the case may be tried. The notice should be given at least thirty days
				before the plaintiff's pre-trial statement is due to be filed. The notice may
				include a date by which discovery shall be completed.
(b) A pre-trial statement shall be filed.
(1) by the plaintiff not later than sixty
				days prior to the earliest trial date,
(2) by the defendant not later than thirty
				days prior to the earliest trial date, and
(3) by an additional defendant not later than
				fifteen days prior to the earliest trial date.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 212.2 - Civil actions to be tried by jury. Pre-trial statement. Content. Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				pre-trial statement shall contain
(1) a brief
				narrative statement of the case;
(2) a list of the types and amounts of all
				damages claimed;
(3) a list of the
				names and addresses of all persons who may be called as witnesses by the party
				filing the statement, classifying them as liability or damage witnesses. A
				reference which does not state the name of the witness shall be permitted when
				the witness is described by title or representative capacity;
(4) a list of all exhibits which a party
				intends to use at trial;
(5) a copy
				of the written report, or answer to written interrogatory consistent with Rule
				4003.5, containing the opinion
				and the basis for the opinion of any person who may be called as an expert
				witness;
(6) stipulations of the
				parties, if any; and
(7) such
				additional information as the court by local rule or special order may
				require.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 212.3 - Pre-Trial Conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In any
				action at any time the court, sua sponte or on motion of any party, may direct
				the attorneys for the parties or any unrepresented party to appear for a
				conference to consider:
(1) The simplification
				of the issues;
(2) The entry of a
				scheduling order;
(3) The
				possibility of obtaining admissions of fact and of documents which will avoid
				unnecessary proof;
(4) The
				limitation of the number of expert witnesses;
(5) Settlement and/or mediation of the case;
(6) Such other matters as may aid
				in the disposition of the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 212.4 - Applicability of Rules. Eminent Domain

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The name of a valuation expert and his or
				her statement of valuation required to be served on the opposing party by
				Section 703(2) of the Eminent Domain Code shall be served within the time
				provided for the filing of a pre-trial statement by Rule
				212.1. A party failing to comply
				with this rule shall be subject to the sanctions set forth in Rule
				212.2(c)
(b) Section 703(2) of the
				Eminent Domain Code,
				26
				P.S. §
										1-703(2), is
				suspended only insofar as it provides for the name and report of the valuation
				expert to be served at least ten days before the commencement of the
				trial.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 212.5 - Settlement Conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At any
				time, the court, sua sponte or on motion of any party, may enter an order in
				the form provided in Rule
				212.6 scheduling a settlement
				conference, the purpose of which is to resolve the litigation. Prior to the
				conference date, the attorneys for the parties, or the parties if
				unrepresented, shall engage in good faith efforts to resolve the
				case.
(b) At a settlement
				conference scheduled pursuant to this rule,
(1) an attorney who will be trying the case,
				or another attorney who has sufficient knowledge of the claims asserted,
				defenses presented, relief sought and legal issues raised, and has the
				authority to act on behalf of the client shall attend the settlement
				conference;
(2) an insurance or
				similar representative, who has authority to negotiate and settle the case must
				be present at the conference, unless the court permits the representative to
				ensure that he or she will be available by telephone; and
(3) the court shall have discretion to order
				the attendance of other individuals as reasonably necessary to accomplish
				resolution of the case.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 212.6 - Settlement Conference. Form of Order

Current through Register Vol. 54, No. 28, July 13, 2024
An order scheduling a settlement conference pursuant to Rule
				  212.5 shall be substantially in
				  the following form:
(Caption)
Scheduling Order for Rule
				  212.5
Settlement Conference
For the above-captioned case, a settlement confer ence
				  pursuant to Rule
				  212.5 has been scheduled before
				  ____________ at ___ Courthouse
(name of judge)
at ___ o'clock. All parties shall be in compliance with the
				  requirements of Rule 212.5(b).
____________
J.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 213 - Consolidation, Severance and Transfer of Actions and Issues within a County. Actions for Wrongful Death and Survival Actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In actions pending in a county which
				involve a common question of law or fact or which arise from the same
				transaction or occurrence, the court on its own motion or on motion of any
				party may order a joint hearing or trial of any matter in issue in the actions,
				may order the actions consolidated, and may make orders that avoid unnecessary
				cost or delay.
(b) The court, in
				furtherance of convenience or to avoid prejudice, may, on its own motion or on
				motion of any party, order a separate trial of any cause of action, claim, or
				counterclaim, set-off, or cross-suit, or of any separate issue, or of any
				number of causes of action, claims, counter-claims, set-offs, cross-suits, or
				issues.
(c) [Rescinded]
(d) [Rescinded]
(e) A cause of action for the wrongful death
				of a decedent and a cause of action for the injuries of the decedant which
				survives his or her death may be enforced in one action, but if independent
				actions are commenced they shall be consolidated for trial.
(1) If independent actions are commenced or
				are pending in the same court, the court, on its own motion or the motion of
				any party, shall order the actions consolidated for trial.
(2) If independent actions are commenced in
				different courts, the court in which the second action was commenced, on its
				own motion or the motion of any party, shall order the action transferred to
				the court in which the first action was commenced.
(3) If an action is commenced to enforce one
				cause of action, the court, on its own motion or the motion of any party, may
				stay the action until an action is commenced to enforce the other cause of
				action and is consolidated therewith or until the commencement of such second
				action is barred by the applicable statute of limitation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 213.1 - Coordination of Actions in Different Counties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In actions pending in different counties
				which involve a common question of law or fact or which arise from the same
				transaction or occurrence, any party, with notice to all other parties, may
				file a motion requesting the court in which a complaint was first filed to
				order coordination of the actions. Any party may file an answer to the motion
				and the court may hold a hearing.
(b) The court in which the complaint was
				first filed may stay the proceedings in any action which is the subject of the
				motion.
(c) In determining whether
				to order coordination and which location is appropriate for the coordinated
				proceedings, the court shall consider, among other matters:
(1) whether the common question of fact or
				law is predominating and significant to the litigation;
(2) The convenience of the parties, witnesses
				and counsel;
(3) whether
				coordination will result in unreasonable delay or expense to a party or
				otherwise prejudice a party in an action which would be subject to
				coordination;
(4) The efficient
				utilization of judicial facilities and personnel and the just and efficient
				conduct of the actions;
(5) The
				disadvantages of duplicative and inconsistent rulings, orders or
				judgments;
(6) The likelihood of
				settlement of the actions without further litigation should coordination be
				denied.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 214 - Preferences on Trial Lists

Current through Register Vol. 54, No. 28, July 13, 2024
Preference shall be given in the preparation of trial lists
				  to
(1) cases in which a new trial has
				been granted, and
(2) such cases as
				the court upon application and cause shown may designate.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 216 - Grounds for Continuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				following are grounds for continuance:
(1)
				Agreement of all parties or their attorneys, if approved by the
				Court;
(2) Illness of counsel of
				record, a material witness, or a party. If requested a certificate of a
				physician shall be furnished, stating that such illness will probably be of
				sufficient duration to prevent the ill person from participating in the
				trial;
(3) Inability to subpoena or
				to take testimony by deposition, commission, or letters rogatory, of any
				material witness, shown by affidavit which shall state:
(i) The facts to which the witness would
				testify if present or if deposed;
(ii) The grounds for believing that the
				absent witness would so testify;
(iii) The efforts made to procure the
				attendance or deposition of such absent witness; and
(iv) The reasons for believing that the
				witness will attend the trial at a subsequent date, or that the deposition of
				the witness can and will be obtained.
(4) Such special ground as may be allowed in
				the discretion of the court;
(5)
				The scheduling of counsel to appear at any proceeding under the Pennsylvania
				Rules of Disciplinary Enforcement, whether:
(i) as counsel for a respondent-attorney
				before a hearing committee, hearing officer, the Disciplinary Board or the
				Supreme Court;
(ii) as a hearing
				officer or member of a hearing committee; or
(iii) as a member of the Disciplinary
				Board;
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 217 - Costs on Continuance

Current through Register Vol. 54, No. 28, July 13, 2024
When a continuance is granted upon application made
				  subsequent to the preliminary call of the trial list, the court may impose on
				  the party making the application the reasonable costs actually incurred by the
				  opposing party which would not have been incurred if the application had been
				  made at or prior to such preliminary call.
Where a continuance has been so granted and costs imposed,
				  the party upon whom such costs have been imposed, may not, so long as such
				  costs remain unpaid, take any further step in such suit without prior leave of
				  court.
A party upon whom such costs are so imposed and who was at
				  fault in delaying the application for continuance may not recover such costs,
				  if ultimately successful in the action; otherwise such costs shall follow the
				  judgment in the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 218 - Party not Ready When Case is Called for Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where a case is called for trial, if
				without satisfactory excuse a plaintiff is not ready the court may enter a
				nonsuit on motion of the defendant or a non pros on the court's own
				motion.
(b) If without satisfactory
				excuse a defendant is not ready, the plaintiff may
(1) proceed to trial, or,
(2) if the case called for trial is an appeal
				from compulsory arbitration, either proceed to trial or request the court to
				dismiss the appeal and reinstate the arbitration award.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 219 - View of Premises

Current through Register Vol. 54, No. 28, July 13, 2024
A party desiring to have the jury view any premises involved
				  in the litigation, may make application thereof either prior to the call of the
				  case for trial, or at the bar during the actual trial of the case. In all such
				  cases, the allowance of the application shall be within the discretion of the
				  court, which may impose upon the applicant such reasonable costs or expenses as
				  may be involved in connection with such view, or may direct that any costs
				  thereby incurred shall follow the judgment entered in such action as in other
				  cases.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 220 - Challenge to the Array

Current through Register Vol. 54, No. 28, July 13, 2024
Every challenge to the array of jurors returned for trial of
				  issues of fact shall be made in writing filed on or before the first day of the
				  period at which such issues have been set down for trial.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 220.1 - Preliminary Instructions to Prospective and Selected Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For purposes of
				this rule, "prospective jurors" means those persons who have been chosen to be
				part of the panel from which the trial jurors and alternate jurors will be
				selected. "Selected jurors" means those members of the panel who have been
				selected to serve as trial jurors or alternate jurors. "Jury service" means
				service as (1) members of the jury array, (2) prospective jurors, and (3)
				selected jurors.
(b) Persons
				reporting for jury service, upon their arrival for this service, shall be
				instructed in their duties.
(c) At
				a minimum, the persons reporting for jury service shall be instructed that
				until their service as prospective or selected jurors is concluded, they shall
				not:
(1) discuss any case in which they have
				been chosen as prospective jurors or selected jurors with others, including
				other jurors, except as otherwise authorized by the court;
(2) read or listen to any news reports about
				any such case;
(3) use a computer,
				cellular telephone, or other electronic device with communication capabilities
				while in attendance at trial or during deliberation. These devices may be used
				during breaks or recesses but may not be used to obtain or disclose information
				prohibited in subdivision (c)(4);
(4) use a computer, cellular telephone, or
				other electronic device with communication capabilities, or any other method,
				to obtain or disclose information about any case in which they have been chosen
				as prospective or selected jurors. Information about the case includes, but is
				not limited to, the following:
(i) information
				about a party, witness, attorney, judge, or court officer;
(ii) news reports of the case;
(iii) information collected through juror
				research using such devices about the facts of the case;
(iv) information collected through juror
				research using such devices on any topics raised or testimony offered by any
				witness;
(v) information collected
				through juror research using such devices on any other topic the juror might
				think would be helpful in deciding the case.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 220.2 - Sanctions for Violation of Rule 220.1

Current through Register Vol. 54, No. 28, July 13, 2024
Any individual who violates the provisions of Rule
				  220.1 regarding the use of
				  electronic devices by jurors or who violates any limitation imposed by local
				  rule or by the trial judge regarding the prohibited use of electronic devices
				  during court proceedings:
(a) may be
				found in contempt of court and sanctioned in accordance with
				42 Pa.C.S. §
										4132 et
				seq., and
(b) may be subject to
				sanctions deemed appropriate by the trial judge, including, but not limited to,
				the confiscation of the electronic device that is used in violation of this
				rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 220.3 - Voir Dire

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				completion of the oath, the judge shall instruct the prospective jurors upon
				their duties and restrictions while serving as jurors, and of any sanctions for
				violation of those duties and restrictions, including those in Rules 220.1 and
				220.2.
(b) Voir dire shall be
				conducted to provide the opportunity to obtain at a minimum a full description
				of the following information, where relevant, concerning the prospective jurors
				and their households:
(1) Name;
(2) Date and place of birth;
(3) Residential neighborhood and zip code
				(not street address);
(4) Marital
				status;
(5) Nature and extent of
				education;
(6) Number and ages of
				children;
(7) Name, age and
				relationship of members of prospective juror's household;
(8) Occupation and employment history of the
				prospective juror, the juror's spouse and children and members of the juror's
				household;
(9) Involvement as a
				party or a witness in a civil lawsuit or a criminal case;
(10) Relationship, friendship or association
				with a law enforcement officer, a lawyer or any person affiliated with the
				courts of any judicial district;
(11) Relationship of the prospective juror or
				any member of the prospective juror's immediate family to the insurance
				industry, including employee, claims adjustor, investigator, agent, or
				stockholder in an insurance company;
(12) Motor vehicle operation and
				licensure;
(13) Physical or mental
				condition affecting ability to serve on a jury;
(14) Reasons the prospective juror believes
				he or she cannot or should not serve as a juror;
(15) Relationship, friendship or association
				with the parties, the attorneys and prospective witnesses of the particular
				case to be heard;
(16) Ability to
				refrain from using a computer, cellular telephone or other electronic device
				with communication capabilities in violation of the provisions of Rule 220.1;
				and
(17) Such other pertinent
				information as may be appropriate to the particular case to achieve a
				competent, fair and impartial jury.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 221 - Peremptory Challenges

Current through Register Vol. 54, No. 28, July 13, 2024
Each party shall be entitled to four peremptory challenges,
				  which shall be exercised in turn beginning with the plaintiff and following in
				  the order in which the party was named or became a party to the action. In
				  order to achieve a fair distribution of challenges, the court in any case
				  may
(a) allow additional peremptory
				challenges and allocate them among the parties;
(b) where there is more than one plaintiff or
				more than one defendant or more than one additional defendant, consider any one
				or more of such groups as a single party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 222 - Attorneys as Witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
Where any attorney acting as trial counsel in the trial of an
				  action is called as a witness on behalf of a party whom the attorney
				  represents, the court may determine whether such attorney may thereafter
				  continue to act as trial counsel during the remainder of the
				  trial.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 223 - Conduct of the Trial. Generally

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the requirements of due process of law and of the
				  constitutional rights of the parties, the court may make and enforce rules and
				  orders covering any of the following matters,
inter
				  alia
:
(1) Limiting the number
				of witnesses whose testimony is similar or cumulative;
(2) Limiting the number of attorneys
				representing the same party or the same group of parties, who may actively
				participate in the trial of the case or may examine or cross-examine a witness
				or witnesses;
(3) Regulating the
				number and length of addresses to the jury or to the court;
(4) Regulating or excluding the public or
				persons not interested in the proceedings whenever the court deems such
				regulation or exclusion to be in the interest of the public good, order or
				morals.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 223.1 - Conduct of the Trial. Trial by Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before the taking of evidence, the trial
				judge shall instruct the jurors as provided in Rule 220.1.
(b) In conducting a trial by jury, the court
				may use one or more of the procedures provided in subdivisions (c) and (d) as
				may be appropriate in the particular case.
(c) The court may permit jurors to view a
				premises or a thing in or on a premises.
(d) The court may
(1) permit specified testimony to be read
				back to the jury upon the jury's request,
(2) charge the jury at any time during the
				trial,
(3) make exhibits available
				to the jury during its deliberations, and
(4) make a written copy of the charge or
				instructions, or a portion thereof, available to the jury following the oral
				charge or instructions at the conclusion of evidence for use during its
				deliberations.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 223.2 - Conduct of the Jury Trial. Juror Note Taking

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1)
				Whenever a jury trial is expected to last for more than two days, jurors,
				except as otherwise provided by subdivision (a)(2), may take notes during the
				proceedings and use their notes during deliberations.
(2) Jurors are not permitted to take notes
				when the judge is instructing the jury as to the law that will govern the
				case.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 224 - Regulation of Order of Proof

Current through Register Vol. 54, No. 28, July 13, 2024
The court may compel the plaintiff in any action to produce
				  all evidence upon the question of the defendant's liability before calling any
				  witness to testify solely to the extent of the injury or damages. The
				  defendant's attorney may then move for a nonsuit. If the motion is refused, the
				  trial shall proceed. The court may, however, allow witnesses to be called out
				  of order if the court deems it wise so to do.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 225 - Summing Up

Current through Register Vol. 54, No. 28, July 13, 2024
Attorneys for each party or group of parties may make an
				  opening address to the jury and may also make an address to the jury after the
				  close of the testimony.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 226 - Points for Charge. Motion for Directed Verdict

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Points upon which the trial judge is
				requested to charge the jury shall be so framed that each may be completely
				answered by a simple affirmation or negation. Attorneys shall hand copies of
				requested points for charge to the trial judge and to the opposing attorneys
				before the closing addresses to the jury are begun. A requested point for
				charge that was presented to the trial judge becomes part of the record when
				the point is read into the record, or filed in the office of the prothonotary
				prior to filing a motion for post-trial relief regarding the requested point
				for charge.
(b) At the close of all
				the evidence, the trial judge may direct a verdict upon the oral or written
				motion of any party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 227 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It shall not be
				necessary on the trial of any action or proceeding to take exception to any
				ruling of the trial judge. An exception in favor of the party against whom the
				adverse ruling was made shall be deemed to have been taken with the same force
				and effect as if it had been requested, noted by the official stenographer and
				thereafter written out, signed and sealed by the trial judge.
(b) Unless specially allowed by the court,
				all exceptions to the charge to the jury shall be taken before the jury
				retires. On request of any party all such exceptions and arguments thereon
				shall be made out of hearing of the jury.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 227.1 - Post-Trial Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After trial
				and upon the written Motion for Post-Trial Relief filed by any party, the court
				may
(1) order a new trial as to all or any of
				the issues; or
(2) direct the entry
				of judgment in favor of any party; or
(3) remove a nonsuit; or
(4) affirm, modify or change the decision;
				or
(5) enter any other appropriate
				order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 227.2 - Court en Banc

Current through Register Vol. 54, No. 28, July 13, 2024
All post-trial motions and other post-trial matters shall be
				  heard and decided by the trial judge unless the trial judge orders that the
				  matter be heard by a court en banc of which the trial judge shall be a member.
				  If the trial judge for any reason cannot hear the matter, another judge shall
				  be designated to act. No more than three judges shall constitute the court en
				  banc.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 227.3 - Transcript of Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
All post-trial motions shall contain a request designating
				  that portion of the record to be transcribed in order to enable the court to
				  dispose of the motion. Within ten days after the filing of the motion, any
				  other party may file an objection requesting that an additional, lesser or
				  different portion of the record be transcribed. If no portion is indicated, the
				  transcription of the record shall be deemed unnecessary to the disposition of
				  the motion. The trial judge shall promptly decide the objection to the portion
				  of the record to be transcribed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 227.4 - Entry of Judgment Upon Praecipe of a Party

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the provisions of any Rule of Civil Procedure
				  or Act of Assembly authorizing the prothonotary to enter judgment upon praecipe
				  of a party and except as otherwise provided by Rule
				  1042.72(e)(3),
				  the prothonotary shall, upon praecipe of a party:
(1) enter judgment upon a nonsuit by the
				court, the verdict of a jury or the decision of a judge following a trial
				without jury, if
(a) no timely post-trial
				motion is filed; or
(b) one or more
				timely post-trial motions are filed and the court does not enter an order
				disposing of all motions within one hundred twenty days after the filing of the
				first motion. A judgment entered pursuant to this subparagraph shall be final
				as to all parties and all issues and shall not be subject to
				reconsideration;
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 228 - Testimony as to Misconduct of a Juror

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever in the course of a trial testimony is taken of a
				  juror or other person as to alleged misconduct of a juror, or as to tampering
				  with or an attempt to tamper with a juror, such testimony shall become a part
				  of the record of the case. Such testimony shall be taken out of the hearing of
				  the jury. Jurors may be interrogated in regard to such alleged misconduct or
				  attempted tampering.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 229 - Discontinuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				discontinuance shall be the exclusive method of voluntary termination of an
				action, in whole or in part, by the plaintiff before commencement of the
				trial.
(b)
(1) Except as otherwise provided in
				subdivision (b)(2), a discontinuance may not be entered as to less than all
				defendants except upon the written consent of all parties or leave of court
				upon motion of any plaintiff or any defendant for whom plaintiff has stipulated
				in writing to the discontinuance.
(2) In an action governed by Rule
				1042.3, a plaintiff may enter a
				discontinuance as to a defendant if a certificate of merit as to that defendant
				has not been filed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 229.1 - Settlement Funds. Failure to Deliver Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this rule,
"defendant" means a party released from a claim of liability
				  pursuant to an agreement of settlement;
"plaintiff" means a party who, by execution of a release
				  pursuant to an agreement of settlement, has agreed to forego a claim of
				  liability against a defendant. The term includes a defendant who asserts a
				  counterclaim;
"settlement funds" means any form of monetary exchange to a
				  plaintiff pursuant to an agreement of settlement, but not including the annuity
				  or future installment portion of a structured settlement.
(b) The parties may agree in writing to
				modify or waive any of the provisions of this rule.
(c) If a plaintiff and a defendant have
				entered into an agreement of settlement, the defendant shall deliver the
				settlement funds to the attorney for the plaintiff, or to the plaintiff if
				unrepresented, within twenty calendar days from receipt of an executed
				release.
(d) If settlement funds
				are not delivered to the plaintiff within the time required by subdivision (c),
				the plaintiff may seek to
(1) invalidate the
				agreement of settlement as permitted by law, or
(2) impose sanctions on the defendant as
				provided in subdivision (e) of this rule.