reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE IN PARTICULAR ACTIONS › Rule 412 - Actions for Custody, Partial Custody and Visitation. Actions for Divorce or Annulment of Marriage

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the manner of service prescribed by Rule
					 402(a) ini an action for custody, partial custody or visitation or in an action
					 for divorce or annulment of marriage, original process may be served within the
					 Commonwealth in the manner prescribed by Rule 403 governing service by
					 mail.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE UPON PARTICULAR PARTIES › Rule 420 - Minors

Current through Register Vol. 54, No. 28, July 13, 2024
When the defendant is a minor, original process shall be
					 served
(1) upon the minor in the
				  manner prescribed for the service of original process upon an adult defendant,
				  or
(2) by handing a copy to the
				  minor's guardian.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE UPON PARTICULAR PARTIES › Rule 421 - Incapacitated Persons

Current through Register Vol. 54, No. 28, July 13, 2024
If the defendant is an incapacitated person, original
					 process shall be served
(1) upon the
				  incapacitated person in the manner prescribed for service of original process
				  upon a competent defendant, or
(2)
				  by handing a copy to the incapacitated person's guardian.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE UPON PARTICULAR PARTIES › Rule 422 - The Commonwealth and Political Subdivisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Service of original process upon the
				  Commonwealth or an officer of the Commonwealth, or a department, board,
				  commission or instrumentality of the Commonwealth, or a member thereof, shall
				  be made at the office of the defendant and the office of the attorney general
				  by handing a copy to the person in charge thereof.
(b) Service of original process upon a
				  political subdivision shall be made by handing a copy to
(1) an agent duly authorized by the political
				  subdivision to receive service of process, or
(2) the person in charge at the office of the
				  defendant, or
(3) the mayor, or the
				  president, chairman, secretary or clerk of the tax levyinig body thereof, and
				  in counties where there is no tax levying body, the chairman or clerk of the
				  board of county commissioners.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE UPON PARTICULAR PARTIES › Rule 423 - Partnerships and Unincorporated Associations

Current through Register Vol. 54, No. 28, July 13, 2024
Service of original process upon a partnership and all
					 partners named in the action or upon an unincorporated association shall be
					 made upon any of the following persons provided the person served is not a
					 plaintiff in the action:
(1) any
				  partner, officer or registered agent of the partnership or association,
				  or
(2) an agent authorized by the
				  partnership or association in writing to receive service of process for it,
				  or
(3) the manager, clerk or other
				  person for the time being in charge of any regular place of business or
				  activity of the partnership or association.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE UPON PARTICULAR PARTIES › Rule 424 - Corporations and Similar Entities

Current through Register Vol. 54, No. 28, July 13, 2024
Service of original process upon a corporation or similar
					 entity shall be made by handing a copy to any of the following persons provided
					 the person served is not a plaintiff in the action:
(1) an executive officer, partner or trustee
				  of the corporation or similar entity, or
(2) the manager, clerk or other person for
				  the time being in charge of any regular place of business or activity of the
				  corporation or similar entity, or
(3) an agent authorized by the corporation or
				  similar entity in writing to receive service of process for it.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE UPON PARTICULAR PARTIES › Rule 425 - Additional Defendants

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Original process shall be served upon an additional defendant who is not
				  already a party to the action in the same manner as if he or she were an
				  original defendant. The joining party, upon request, shall furnish copies of
				  all or specified pleadings filed in the action.
(b) The defendant or additional defendant
				  shall serve a copy of his or her complaint upon every prior party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE PURSUANT TO SPECIAL ORDER OF COURT › Rule 430 - Service Pursuant to Special Order of Court. Publication

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If service cannot be made under the
				  applicable rule the plaintiff may move the court for a special order directing
				  the method of service. The motion shall be accompanied by an affidavit stating
				  the nature and extent of the investigation which has been made to determine the
				  whereabouts of the defendant and the reasons why service cannot be
				  made.
(b)
(1) If service of process by publication has
				  been authorized by rule of civil procedure or order of court, the publication
				  shall be by advertising a notice of the action once in the legal publication,
				  if any, designated by the court for the publication of legal notices and in one
				  newspaper of general circulation within the county. The publication shall
				  contain the caption of the action and the names of the parties, state the
				  nature of the action, and conclude with a notice substantially in the following
				  form:
NOTICE
If you wish to defend, you must enter a written appearance
					 personally or by attorney and file your defenses or objections in writing with
					 the court. You are warned that if you fail to do so the case may proceed
					 without you and a judgment may be entered against you without further notice
					 for the relief requested by the plaintiff. You may lose money or property or
					 other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
					 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
					 OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
					 ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
					 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
______________________________________
(NAME)
______________________________________
(ADDRESS)
______________________________________
(TELEPHONE NUMBER)
(2) When service is made by publication upon
				  the heirs and assigns of a named former owner or party in interest, the court
				  may permit publication against the heirs or assigns generally if it is set
				  forth in the complaint or an affidavit that they are unknown.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE OF LEGAL PAPERS OTHER THAN ORIGINAL PROCESS › Rule 440 - Service of Legal Papers other than Original Process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1)
				  Copies of all legal papers other than original process filed in an action or
				  served upon any party to an action shall be served upon every other party to
				  the action. Service shall be made
(i) by
				  handling or mailing a copy to or leaving a copy for each party at the address
				  of the party's attorney of record endorsed on an appearance or prior pleading
				  of the party, or at such other address as a party may agree, or
(ii) by transmitting a copy by facsimile to
				  the party's attorney of record as provided by subdivision (d).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE OF LEGAL PAPERS OTHER THAN ORIGINAL PROCESS › Rule 441 - Service on Minors or Incapacitated Persons

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Service of legal papers other than
				  original process upon a party who is a minor shall be made in the manner
				  prescribed by Rule 440 upon the party's attorney of record or, if none, the
				  party's guardian. If the party has no attorney of record or guardian, service
				  may be made upon the minor.
(b)
				  Service of legal papers other than original process upon a party who is an
				  incapacitated person shall be made in the manner prescribed by Rule 440 upon
				  the party's guardian, guardian ad litem or attorney of record.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE OF LEGAL PAPERS OTHER THAN ORIGINAL PROCESS › Rule 449 - Acts of Assembly Not Suspended. Abolition of Practice and Procedure Under Repealed Statutes

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Sections 5323 and 5329 of the Judicial Code,
				  42 Pa.C.S. §§
											5323,
				  5329, relating to service
				  of process on persons outside the Commonwealth, are not suspended or affected
				  by these rules.
(b) The practice
				  and procedure provided in all former acts of Assembly in actions where the
				  defendant is a nonresident or has obstructed or prevented service of process by
				  concealing his whereabouts or otherwise, which have been repealed by the
				  Judiciary Act Repealer Act (JARA), Act of April 28, 1978, No. 53, are hereby
				  abolished and shall not continue as part of the common law of the
				  Commonwealth.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › GENERAL › Rule 1001 - Definition. Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in
					 this chapter and in Rules 1506 and 1531 through 1535, "action" means a civil
					 action brought in or appealed to any court which is subject to these
					 rules.
(b) There shall be a "civil
					 action" in which shall be brought all claims for relief heretofore aserted in
(1) the action of assumpsit,
(2) the action of trespass, and
(3) the action in equity.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › GENERAL › Rule 1002 - Authority of Attorney

Current through Register Vol. 54, No. 28, July 13, 2024
Any act other than verification required or authorized by
						this chapter to be done by a party may be done by the party's
						attorney.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › GENERAL › Rule 1003 - Waiver of Rules. Extension of Time

Current through Register Vol. 54, No. 28, July 13, 2024
Rules relating to the manner of commencing an action or
						the time for serving process or for filing or serving pleadings may be waived
						by agreement of the parties. The court on cause shown may extend or shorten the
						time within which pleadings shall be filed or process served.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › VENUE AND PROCESS › Rule 1006 - Venue. Change of Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
Except as otherwise provided by subdivisions (b)
					 and (c) of this rule, an action against an individual may be brought in and
					 only in a county where
(1) the individual may
					 be served;
(2) the cause of action
					 arose;
(3) a transaction or
					 occurrence took place out of which the cause of action arose;
(4) venue is authorized by law; or
(5) the property or a part of the property,
					 which is the subject matter of the action, is located provided that equitable
					 relief is sought with respect to the property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › VENUE AND PROCESS › Rule 1007 - Commencement of Action

Current through Register Vol. 54, No. 28, July 13, 2024
An action may be commenced by filing with the
						prothonotary:
(1) a
praecipe
for a writ of summons, or
(2) a complaint.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › VENUE AND PROCESS › Rule 1007.1 - Jury Trial. Demand. Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Demand.
In any action in which the right to jury
					 trial exists, that right shall be deemed waived unless a party files and serves
					 a written demand for a jury trial not later than twenty days after service of
					 the last permissible pleading. The demand shall be made by endorsement on a
					 pleading or by a separate writing.
(b)
Arbitration Appeal.
Where an appeal is taken from an award in compulsory
					 arbitration and a jury trial has not theretofore been demanded, the right to a
					 jury trial shall be deemed waived unless the appellant endorses a demand for a
					 jury trial on the appeal, or unless the appellee files and serves a written
					 demand for a jury trial not later than ten days after being served with the
					 notice of appeal.
(c)
Withdraw of Demand.
(1) A demand for trial by jury may not be
					 withdrawn without the consent of all parties who have appeared in the
					 action.
(2) A demand for a trial by
					 jury on behalf of a party shall be deemed withdrawn if at the time a case is
					 called for trial that party, without satisfactory excuse, fails to appear or
					 appears but is not ready. Any other party appearing and ready who has not
					 already demanded a trial by jury shall forthwith demand a trial by jury or
					 shall be deemed to have waived the same.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › VENUE AND PROCESS › Rule 1012 - Entry of Appearance. Withdrawal of Appearance. Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may enter a written appearance
					 which shall state an address at which pleadings and other legal papers may be
					 served in the manner provided by Rule 440(a)(1) and a telephone number. The
					 appearance may also include a telephone facsimile number as provided in Rule
					 440(d). Such appearance shall not constitute a waiver of the right to raise any
					 defense including questions of jurisdiction or venue. Written notice of entry
					 of an appearance shall be given forthwith to all parties.
(b)
(1)
					 Except as provided in paragraph (2), an attorney may not withdraw his or her
					 appearance without leave of court.
(2) An attorney may withdraw his or her
					 appearance without leave of court if another attorney (i) has previously
					 entered or (ii) is simultaneously entering an appearance on behalf of the
					 party, and the change of attorneys does not delay any stage of the
					 litigation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › VENUE AND PROCESS › Rule 1012.1 - Admission Pro Hac Vice. Motion. Content

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this rule,
"candidate" means an attorney who is not admitted to the
						bar of the Commonwealth of Pennsylvania, but is admitted to the bar of and
						authorized to practice law in the highest court of another state or foreign
						jurisdiction and seeks admission
pro hac vice
;
"sponsor" means an attorney who is admitted to the bar of
						the Commonwealth of Pennsylvania and moves for the admission of a candidate
pro hac vice
.
(b)
(1) The
					 sponsor shall file a written motion for admission
pro hac vice
in the action for which admission is sought. The motion shall:
(i) aver that the information required by
					 Section 81.504 of the IOLTA regulations
					 has been provided to the IOLTA Board, and
(ii) either aver that the fee required by
					 Section 81.505(a) of the
					 IOLTA regulations has been paid, include as an attachment a copy of a fee
					 payment certification from the IOLTA Board, or aver that the payment of the fee
					 is not required pursuant to Section 81.505(c) of the IOLTA
					 regulations.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1017 - Pleadings Allowed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 provided by Rule
					 1041.1, the pleadings in an
					 action are limited to
(1) a complaint and an
					 answer thereto,
(2) a reply if the
					 answer contains new matter a counterclaim or a cross-claim,
(3) a counter-reply if the reply to a
					 counterclaim or cross-claim contains new matter,
(4) a preliminary objection and a response
					 thereto.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1018 - Caption

Current through Register Vol. 54, No. 28, July 13, 2024
Every pleading shall contain a caption setting forth the
						name of the court, the number of the action and the name of the pleading. The
						caption of a complaint shall set forth the form of the action and the names of
						all the parties, including a Doe designation for an unknown defendant as
						provided in Rule 2005, but in other pleadings it is sufficient to state the
						name of the first party on each side in the complaint with an appropriate
						indication of other parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1018.1 - Notice to Defend. Form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
					 complaint filed by a plaintiff and every complaint filed by a defendant against
					 an additional defendant shall begin with a notice to defend in substantially
					 the form set forth in subdivision (b). No other notice to plead to a complaint
					 shall be required.
(b) [CAPTION]
Notice
You have been sued in court. If you wish to defend
						against the claims set forth in the following pages, you must take action
						within twenty (20) days after this complaint and notice are served, by entering
						a written appearance personally or by attorney and filing in writing with the
						court your defenses or objections to the claims set forth against you. You are
						warned that if you fail to do so the case may proceed without you and a
						judgment may be entered against you by the court without further notice for any
						money claimed in the complaint or for any other claim or relief requested by
						the plaintiff. You may lose money or property or other rights important to
						you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
						DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
						OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
						ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
						SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
_______________
(Name)
_______________
(Address)
_________________
(Telephone Number)
(c) Each court shall be local rule designate
					 the officer, organization, agency or person to be named in the notice from whom
					 information can be obtained.
(d) A
					 court may by local rule require the notice to be repeated in one or more
					 designated languages other than English.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1019 - Contents of Pleadings. General and Specific Averments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The material facts on which a cause of
					 action or defense is based shall be stated in a concise and summary
					 form.
(b) Averments of fraud or
					 mistake shall be averred with particularity. Malice, intent, knowledge, and
					 other conditions of mind may be averred generally.
(c) In pleading the performance or occurrence
					 of conditions precedent, it is sufficient to aver generally that all conditions
					 precedent have been performed or have occurred. A denial of such performance or
					 occurrence shall be made specifically and with particularity.
(d) In pleading an official document or
					 official act, it is sufficient to identify it by reference and aver that the
					 document was issued or the act done in compliance with law.
(e) In pleading a judgment, order or decision
					 of a domestic or foreign court, judicial or administrative tribunal, or board,
					 commission or officer, it is sufficient to aver the judgment, order or decision
					 without setting forth matter showing jurisdiction to render it.
(f) Averments of time, place and items of
					 special damage shall be specifically stated.
(g) Any part of a pleading may be
					 incorporated by reference in another part of the same pleading or in another
					 pleading in the same action. A party may incorporate by reference any matter of
					 record in any State or Federal court of record whose records are within the
					 county in which the action is pending, or any matter which is recorded or
					 transcribed verbatim in the office of the prothonotary, clerk of any court of
					 record, recorder of deeds or register of wills of such county.
(h) When any claim or defense is based upon
					 an agreement, the pleading shall state specifically if the agreement is oral or
					 written.
(i) When any claim or
					 defense is based upon a writing, the pleader shall attach a copy of the
					 writing, or the material part thereof, but if the writing or copy is not
					 accessible to the pleader, it is sufficient so to state, together with the
					 reason, and to set forth the substance of the writing.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1020 - Pleading More Than One Cause of Action. Alternative Pleading. Failure to Join. Bar

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Pleading More Than One Cause of Action.
The
					 plaintiff may state in the complaint more than one cause of action cognizable
					 in a civil action against the same defendant. Each cause of action and any
					 special damage related thereto shall be stated in a separate count containing a
					 demand for relief.
(b)
Joinder.
If persons join as plaintiffs under
					 Rules 2228, 2229(a) or (e), the complaint shall state the cause of action, any
					 special damage, and the demand for relief of each plaintiff in a separate
					 count, preceded by a heading naming the parties to the cause of action therein
					 set forth.
(c)
Alternative Pleading.
Causes of action and
					 defenses may be pleaded in the alternative.
(d)
Failure to Join'Waiver.
If a transaction or occurrence gives rise to more than one
					 cause of action heretofore asserted in assumpsit and trespass, against the same
					 person, including causes of action in the alternative, they shall be joined in
					 separate counts in the action against any such person. Failure to join a cause
					 of action as required by this subdivision shall be deemed a waiver of that
					 cause of action as against all parties to the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1021 - Claim for Relief. Determination of Amount in Controversy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any pleading demanding relief shall
					 specify the relief sought. Relief in the alternative or of several different
					 types, including an accounting, may be demanded.
(b) Any pleading demanding relief for
					 unliquidated damages shall not claim any specific sum.
(c) In counties having rules governing
					 compulsory arbitration the plaintiff shall state whether the amount claimed
					 does or does not exceed the jurisdictional amount requiring arbitration
					 referral by local rule.
(d) The
					 court on its own motion or motion of any party may by discovery, pretrial
					 conference, hearing or otherwise, determine the amount actually in controversy
					 and enter an order of reference to arbitration.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1022 - Paragraphing

Current through Register Vol. 54, No. 28, July 13, 2024
Every pleading shall be divided into paragraphs numbered
						consecutively. Each paragraph shall contain as far as practicable only one
						material allegation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1023.1 - Scope.Signing of Documents. Representations to the Court. Violation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Rules
					 1023.1 through
					 1023.4 do not apply to
					 disclosures and discovery requests, responses, objections and discovery motions
					 that are subject to the provisions of general rules.
(b) Every pleading, written motion, and other
					 paper directed to the court shall be signed by at least one attorney of record
					 in the attorney's individual name, or, if the party is not represented by an
					 attorney, shall be signed by the party. This rule shall not be construed to
					 suspend or modify the provisions of Rule 1024 or Rule 1029(e).
(c) The signature of an attorney or pro se
					 party constitutes a certificate that the signatory has read the pleading,
					 motion, or other paper. By signing, filing, submitting, or later advocating
					 such a document, the attorney or pro se party certifies that, to the best of
					 that person's knowledge, information and belief, formed after an inquiry
					 reasonable under the circumstances,
(1) it is
					 not being presented for any improper purpose, such as to harass or to cause
					 unnecessary delay or needless increase in the cost of litigation,
(2) the claims, defenses, and other legal
					 contentions therein are warranted by existing law or by a nonfrivolous argument
					 for the extension, modification or reversal of existing law or the
					 establishment of new law,
(3) the
					 factual allegations have evidentiary support or, if specifically so identified,
					 are likely to have evidentiary support after a reasonable opportunity for
					 further investigation or discovery; and
(4) the denials of factual allegations are
					 warranted on the evidence or, if specifically so identified, are reasonably
					 based on a lack of information or belief.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1023.2 - Motion for Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 application for sanctions under this rule shall be made by motion, shall be
					 made separately from other applications and shall describe the specific conduct
					 alleged to violate Rule 1023.1(c).
(b) No such motion shall be filed unless it
					 includes a certification that the applicant served written notice and demand to
					 the attorney or pro se party who signed or filed the challenged pleading,
					 motion or other paper. The certification shall have annexed a copy of that
					 notice and demand, which shall identify with specificity each portion of the
					 document which is believed to violate the provisions of this rule, set forth
					 the basis for that belief with specificity, include a demand that the document
					 or portion of the document, be withdrawn or appropriately corrected. An
					 application for sanctions may be filed if the challenged paper, claim, defense,
					 contention, allegation, or denial is not withdrawn or appropriately corrected
					 within twenty-eight days after service of the written demand. If warranted, the
					 court may award to the party prevailing on the motion the reasonable expenses
					 and attorney's fees incurred in presenting or opposing the motion.
(c) A motion requesting sanctions under this
					 rule shall be filed in the trial court before the entry of final
					 judgment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1023.3 - Sanctions upon Rule to Show Cause

Current through Register Vol. 54, No. 28, July 13, 2024
On its own initiative, the court may enter an order
						describing the specific conduct that appears to violate Rule
						1023.1(c) and
						directing an attorney, law firm or party to show cause why it has not violated
						Rule 1023.1(c) with respect thereto.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1023.4 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) A sanction imposed for violation of Rule
					 1023.1 shall be limited to that
					 which is sufficient to deter repetition of such conduct or comparable conduct
					 by others similarly situated.
(2)
					 Subject to the limitations in subdivision (b), the sanction may consist of, or
					 include,
(i) directives of a nonmonetary
					 nature, including the striking of the offensive litigation document or portion
					 of the litigation document,
(ii) an
					 order to pay a penalty into court, or,
(iii) if imposed on motion and warranted for
					 effective deterrence, an order directing payment to the movant of some or all
					 of the reasonable attorneys' fees and other expenses incurred as a direct
					 result of the violation.
(3) Except in exceptional circumstances, a
					 law firm shall be held jointly responsible for violations committed by its
					 partners, associates and employees.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1024 - Verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every pleading
					 containing an averment of fact not appearing of record in the action or
					 containing a denial of fact shall state that the averment or denial is true
					 upon the signer's personal knowledge or information and belief and shall be
					 verified. The signer need not aver the source of the information or expectation
					 of ability to prove the averment or denial at the trial. A pleading may be
					 verified upon personal knowledge as to a part and upon information and belief
					 as to the remainder.
(b) If a
					 pleading contains averments which are inconsistent in fact, the verification
					 shall state that the signer has been unable after reasonable investigation to
					 ascertain which of the inconsistent averments, specifying them, are true but
					 that the signer has knowledge or information sufficient to form a belief that
					 one of them is true.
(c) The
					 verification shall be made by one or more of the parties filing the pleading
					 unless all the parties (1) lack sufficient knowledge or information, or (2) are
					 outside the jurisdiction of the court and the verification of none of them can
					 be obtained within the time allowed for filing the pleading. In such cases, the
					 verification may be made by any person having sufficient knowledge or
					 information and belief and shall set forth the source of the person's
					 information as to matters not stated upon his or her own knowledge and the
					 reason why the verification is not made by a party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1025 - Endorsement

Current through Register Vol. 54, No. 28, July 13, 2024
Every pleading or other legal paper of a party
						represented by an attorney shall be endorsed with the name of the attorney, and
						every pleading or other legal paper of a party not represented by an attorney
						shall be endorsed with the name of the party, together in each case with an
						address where pleadings and other legal papers may be served in the manner
						provided by Rule 440(a) and a telephone number. The appearance may state a
						telephone facsimile number.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1026 - Time for Filing. Notice to Plead

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Except as provided by Rule
					 1042.4 or by subdivision (b) of
					 this rule, every pleading subsequent to the complaint shall be filed within
					 twenty days after service of the preceding pleading, but no pleading need be
					 filed unless the preceding pleading contains a notice to defend or is endorsed
					 with a notice to plead.
(b) A
					 defendant served outside the United States shall have sixty days from service
					 of the complaint within which to plead.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1028 - Preliminary Objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Preliminary objections may be filed by any party to any pleading and are
					 limited to the following grounds:
(1) lack of
					 jurisdiction over the subject matter of the action or the person of the
					 defendant, improper venue or improper form or service of a writ of summons or a
					 complaint;
(2) failure of a
					 pleading to conform to law or rule of court or inclusion of scandalous or
					 impertinent matter;
(3)
					 insufficient specificity in a pleading;
(4) legal insufficiency of a pleading
					 (demurrer);
(5) lack of capacity to
					 sue, nonjoinder of a necessary party or misjoinder of a cause of
					 action;
(6) pendency of a prior
					 action or agreement for alternative dispute resolution;
(7) failure to exercise or exhaust a
					 statutory remedy; and
(8) full,
					 complete and adequate non-statutory remedy at law.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1029 - Denials. Effect of Failure to Deny

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 responsive pleading shall admit or deny each averment of fact in the preceding
					 pleading or any part thereof to which it is responsive. A party denying only a
					 part of an averment shall specify so much of it as is admitted and shall deny
					 the remainder. Admissions and denials in a responsive pleading shall refer
					 specifically to the paragraph in which the averment admitted or denied is set
					 forth.
(b) Averments in a pleading
					 to which a responsive pleading is required are admitted when not denied
					 specifically or by necessary implication. A general denial or a demand for
					 proof, except as provided by subdivision (c) and (e) of this rule, shall have
					 the effect of an admission.
(c) A
					 statement by a party that after reasonable investigation the party is without
					 knowledge or information sufficient to form a belief as the truth of an
					 averment shall have the effect of a denial.
(d) Averments in a pleading to which no
					 responsive pleading is required shall be deemed to be denied.
(e) In an action seeking monetary relief for
					 bodily injury, death or property damage, averments in a pleading to which a
					 responsive pleading is required may be denied generally except the following
					 averments of fact which must be denied specifically:
(1) averments relating to the identity of the
					 person by whom a material act was committed, the agency or employment of such
					 person and the ownership, possession or control of the property or
					 instrumentality involved;
(2) if a
					 pleading seeks additional relief, averments in support of such other relief;
					 and
(3) averments in preliminary
					 objections.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1030 - New Matter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 provided by subdivision (b), all affirmative defenses including but not limited
					 to the defenses of accord and satisfaction, arbitration and award, consent,
					 discharge in bankruptcy, duress, estoppel, failure of consideration, fair
					 comment, fraud, illegality, immunity from suit, impossibility of performance,
					 justification, laches, license, payment, privilege, release, res judicata,
					 statute of frauds, statute of limitations, truth and waiver shall be pleaded in
					 a responsive pleading under the heading "New Matter." A party may set forth as
					 new matter any other material facts which are not merely denials of the
					 averments of the preceding pleading.
(b) The affirmative defenses of assumption of
					 the risk, comparative negligence and contributory negligence need not be
					 pleaded.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1031 - Counterclaim

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The defendant
					 may set forth in the answer under the heading "Counterclaim" any cause of
					 action cognizable in a civil action which the defendant has against the
					 plaintiff at the time of filing the answer.
(b) A counterclaim need not diminish or
					 defeat the relief demanded by the plaintiff. It may demand relief exceeding in
					 amount or different in kind from that demanded by the plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1031.1 - Cross-claim

Current through Register Vol. 54, No. 28, July 13, 2024
Any party may set forth in the answer or reply under the
						heading "Cross-claim" a cause of action against any other party to the action
						that the other party may be
(1) solely
					 liable on the underlying cause of action or
(2) liable to or with the cross-claimant on
					 any cause of action arising out of the transaction or occurrence or series of
					 transactions or occurrences upon which the underlying cause of action is
					 based.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1032 - Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction or Failure to Join Indispensable Party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party waives all defenses and
					 objections which are not presented either by preliminary objection, answer or
					 reply, except a defense which is not required to be pleaded under Rule 1030(b),
					 the defense of failure to state a claim upon which relief can be granted, the
					 defense of failure to join an indispensable party, the objection of failure to
					 state a legal defense to a claim, the defenses of failure to exercise or
					 exhaust a statutory remedy and an adequate remedy at law and any other
					 nonwaivable defense or objection.
(b) Whenever it appears by suggestion of the
					 parties or otherwise that the court lacks jurisdiction of the subject matter or
					 that there has been a failure to join an indispensable party, the court shall
					 order that the action be transferred to a court of the Commonwealth which has
					 jurisdiction or that the indispensable party be joined, but if that is not
					 possible, then it shall dismiss the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1033 - Amendment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party, either
					 by filed consent of the adverse party or by leave of court, may at any time
					 change the form of action, add a person as a party, correct the name of a
					 party, or otherwise amend the pleading. The amended pleading may aver
					 transactions or occurrences which have happened before or after the filing of
					 the original pleading, even though they give rise to a new cause of action or
					 defense. An amendment may be made to conform the pleading to the evidence
					 offered or admitted.
(b) An
					 amendment correcting the name of a party against whom a claim has been asserted
					 in the original pleading relates back to the date of the commencement of the
					 action if, within 90 days after the period provided by law for commencing the
					 action, the party received notice of the institution of the action such that it
					 will not be prejudiced in maintaining a defense on the merits and the party
					 knew or should have known that the action would have been brought against the
					 party but for a mistake concerning the identity of the proper party.
(c) An amendment substituting the actual name
					 of a defendant for a Doe designation as provided in Rule 2005 relates back to
					 the date of the commencement of the action if, within the time provided by Rule
					 401 for service, the defendant named by the amendment has received actual or
					 constructive notice of the commencement of the action such that it will not be
					 prejudiced in maintaining a defense on the merits and the defendant knew or
					 should have known that the action would have been brought against it but for
					 lack of knowledge of the defendant's actual name.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1034 - Motion for Judgment on the Pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 After the relevant pleadings are closed, but within such time as not to
					 unreasonably delay the trial, any party may move for judgment on the
					 pleadings.
(b) The court shall
					 enter such judgment or order as shall be proper on the pleadings.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1035.1 - Motion for Summary Judgment. Definition

Current through Register Vol. 54, No. 28, July 13, 2024
As used in Rule 1035.1 et seq., "record" includes
						any
(1) pleadings,
(2) depositions, answers to interrogatories,
					 admissions and affidavits, and
(3)
					 reports signed by an expert witness that would, if filed, comply with Rule
					 4003.5(a)(1),
					 whether or not the reports have been produced in response to
					 interrogatories.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1035.2 - Motion

Current through Register Vol. 54, No. 28, July 13, 2024
After the relevant pleadings are closed, but within such
						time as not to unreasonably delay trial, any party may move for summary
						judgment in whole or in part as a matter of law
(1) whenever there is no genuine issue of any
					 material fact as to a necessary element of the cause of action or defense which
					 could be established by additional discovery or expert report, or
(2) if, after the completion of discovery
					 relevant to the motion, including the production of expert reports, an adverse
					 party who will bear the burden of proof at trial has failed to produce evidence
					 of facts essential to the cause of action or defense which in a jury trial
					 would require the issues to be submitted to a jury.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1035.3 - Response. Judgment for Failure to Respond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subdivision (e),
					 the adverse party may not rest upon the mere allegations or denials of the
					 pleadings but must file a response within thirty days after service of the
					 motion identifying
(1) one or more issues of
					 fact arising from evidence in the record controverting the evidence cited in
					 support of the motion or from a challenge to the credibility of one or more
					 witnesses testifying in support of the motion, or
(2) evidence in the record establishing the
					 facts essential to the cause of action or defense which the motion cites as not
					 having been produced.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1035.4 - Affidavits

Current through Register Vol. 54, No. 28, July 13, 2024
Supporting and opposing affidavits shall be made on
						personal knowledge, shall set forth such facts as would be admissible in
						evidence, and shall show affirmatively that the signer is competent to testify
						to the matters stated therein. Verified or certified copies of all papers or
						parts thereof referred to in an affidavit shall be attached thereto or served
						therewith. The court may permit affidavits to be supplemented or opposed by
						depositions, answers to interrogatories, or further affidavits.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1035.5 - Procedure When Judgment Is Denied or Is Not Rendered Upon the Whole Case

Current through Register Vol. 54, No. 28, July 13, 2024
If judgment is denied or is not rendered upon the whole
						case or for all the relief asked and a trial is necessary, the court when
						considering the motion may, if practicable, ascertain from the pleadings, the
						evidence and the parties which material facts relevant to the motion exist
						without controversy and which are actually controverted. It shall thereupon
						make an order specifying the facts that are without controversy, including the
						extent to which the amount of damages or other relief is not in controversy and
						directing such further proceedings in the action as are just. Upon the trial of
						the action the facts so specified shall be deemed established and the trial
						shall be conducted accordingly.