reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1036 - Dismissal Upon Affidavit of Noninvolvement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this rule, "action" means an
					 action subject to an Act of Assembly which provides for dismissal of the action
					 as to a party based upon an affidavit of noninvolvement.
(b) Any party seeking dismissal of the action
					 shall file a motion to dismiss which shall have attached thereto the affidavit
					 of noninvolvement.
(c) Any party
					 opposing the motion may file a response.
(d) Upon reviewing the motion and any
					 response thereto and determining the existence of a prima facie case for
					 dismissal of the action as to a party, the court shall enter an order
(1) allowing any party opposing the motion
(i) to conduct limited discovery directed
					 solely to the issue of involvement of any party seeking dismissal and
(ii) prior to the disposition of
					 the motion, to file affidavits, depositions and such other evidentiary
					 materials as would permit a jury to find that any party seeking dismissal was
					 involved in any activities upon which the claim is based, and
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › PLEADINGS › Rule 1036.1 - Reinstatement of Claim Dismissed Upon Affidavit of Noninvolvement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this
					 rule, "action" shall have the meaning as provided in Rule 1036(a).
(b) If a party has been dismissed from an
					 action upon an affidavit of noninvolvement pursuant to Rule 1036, any other
					 party may file a motion to reinstate the dismissed party setting forth facts
					 showing that statements made in the affidavit of noninvolvement were false or
					 inaccurate.
(c) Any party may file
					 a response.
(d) Upon reviewing the
					 motion and any response thereto and determining the existence of a
prima facie
case of involvement of the dismissed party, the
					 court shall enter an order
(1) allowing any
					 party
(i) to conduct limited discovery
					 directed solely to the issue of the involvement of the party which was
					 dismissed.
(ii) prior to the
					 disposition of the motion, to file affidavits, depositions and such other
					 evidentiary materials as would permit a jury to find that any party which was
					 dismissed was involved in any activities upon which the claim is based,
					 and
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › JUDGMENT UPON DEFAULT OR ADMISSION › Rule 1037 - Judgment Upon Default or Admission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an action is not commenced by a
					 complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule
					 upon the plaintiff to file a complaint. If a complaint is not filed within
					 twenty days after service of the rule, the prothonotary, upon praecipe of the
					 defendant, shall enter a judgment of non pros.
(b) The prothonotary, on praecipe of the
					 plaintiff, shall enter judgment against the defendant for failure to file
					 within the required time a pleading to a complaint which contains a notice to
					 defend or, except as provided by subdivision (d), for any relief admitted to be
					 due by the defendant's pleadings.
(1) The
					 prothonotary shall assess damages for the amount to which the plaintiff is
					 entitled if it is a sum certain or which can be made certain by computation,
					 but if it is not, the damages shall be assessed at a trial at which the issues
					 shall be limited to the amount of the damages.
(2) In all actions in which the only damages
					 to be assessed are the cost of repairs made to property
(i) The prothonotary on praecipe of the
					 plaintiff, waiving any other damages under the judgment, and the filing of the
					 affidavits provided by subparagraphs (ii) and (iii) shall assess damages for
					 the cost of the repairs;
(ii) The
					 praecipe shall be accompanied by an affidavit of the person making the repairs;
					 the affidavit shall contain an itemized repair bill setting forth the charges
					 for labor and material used in the repair of the property; it shall also state
					 the qualifications of the person who made or supervised the repairs, that the
					 repairs were necessary, and that the prices for labor and material were fair
					 and reasonable and those customarily charged;
(iii) The plaintiff shall send a copy of the
					 affidavit and repair bill to the defendant by registered mail directed to the
					 defendant's last known address, together with a notice setting forth the date
					 of the intended assessment of damages, which shall not be less than ten days
					 from the mailing of the notice and a statement that damages will be assessed in
					 the amount of the repair bill unless prior to the date of assessment the
					 defendant by written praecipe files with the prothonotary a request for trial
					 on the issue of such damages; an affidavit of mailing of notice shall be
					 filed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › JUDGMENT UPON DEFAULT OR ADMISSION › Rule 1038 - Trial Without Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 otherwise provided in this rule, the trial of an action by a judge sitting
					 without a jury shall be conducted as nearly as may be as a trial by jury is
					 conducted and the parties shall have like rights and privileges, including the
					 right to move for nonsuit.
(b) The
					 decision of the trial judge may consist only of general findings as to all
					 parties but shall dispose of all claims for relief. The trial judge may include
					 as part of the decision specific findings of fact and conclusions of law with
					 appropriate discussion.
(c) The
					 decision may be made orally in open court at the end of the trial, and in that
					 event shall be forthwith transcribed and filed in the office of the
					 prothonotary, or it may be made thereafter in writing and filed forthwith. In
					 either event the prothonotary shall notify all parties or their attorneys of
					 the date of filing. The trial judge shall render a decision within seven days
					 after the conclusion of the trial except in protracted cases or cases of
					 extraordinary complexity.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › JUDGMENT UPON DEFAULT OR ADMISSION › Rule 1038.1 - Case Submitted on Stipulated Facts

Current through Register Vol. 54, No. 28, July 13, 2024
A case may be submitted on stipulated facts for decision
						by a judge without a jury. The practice and procedure as far as practicable
						shall be in accordance with the rules governing a trial without jury.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › JUDGMENT UPON DEFAULT OR ADMISSION › Rule 1038.3 - Equitable Relief. Advisory Verdict by Jury

Current through Register Vol. 54, No. 28, July 13, 2024
In any case in which there is a claim for equitable
						relief, the court on its own motion or upon the petition of any party may
						submit to trial by jury any or all issues of fact arising from that claim. The
						advisory verdict of the jury shall be in the form of answers to specific
						questions and shall not be binding upon the court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter A - CIVIL ACTION › JUDGMENT UPON DEFAULT OR ADMISSION › Rule 1040 - Suspension of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
All Acts of Assembly inconsistent with these rules are
						suspended to the extent of such inconsistency.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1041.1 - Asbestos Litigation. Special Provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In an action involving any allegation for
					 injury or death arising from exposure to asbestos, the rules of civil procedure
					 governing a civil action shall apply except as provided by this rule
(b) The caption of all legal papers filed in
					 the action shall contain the designation "Civil Action-Asbestos."
(c) Within twenty days after service of the
					 complaint, the defendant shall enter an appearance which shall constitute
(1) a denial of all averments of fact in the
					 complaint,
(2) an allegation of all
					 affirmative defenses, and
(3) a
					 claim for indemnification and contribution from any other party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1041.2 - Civil Action. Alternative Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In an action which involves multiple
					 parties, the court, on motion of any party or on its own motion, may require
					 the parties to follow the practice and procedure prescribed by Rule 1041.1(a)
					 and (c) through (f).
(b) If a
					 significant number of cases is affected by the order, the court may require
					 that the caption of legal papers filed contain a special designation
					 identifying the category of case and that the prothonotary maintain a record of
					 all such cases by separate docket, docketing code or other appropriate
					 means.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.1 - Professional Liability Actions. Scope. Definition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The rules of this chapter govern a civil
					 action in which a professional liability claim is asserted by or on behalf of a
					 patient or client of the licensed professional against
(1) a licensed professional, and/or
(2) a partnership, unincorporated
					 association, corporation or similar entity where the entity is responsible for
					 a licensed professional who deviated from an acceptable professional standard,
					 and
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.2 - Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A complaint
					 shall identify each defendant against whom the plaintiff is asserting a
					 professional liability claim.
(b) A
					 defendant may raise by preliminary objections the failure of the complaint to
					 comply with subdivision (a) of this rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.3 - Certificate of Merit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In any
					 action based upon an allegation that a licensed professional deviated from an
					 acceptable professional standard, the attorney for the plaintiff, or the
					 plaintiff if not represented, shall file with the complaint or within sixty
					 days after the filing of the complaint, a certificate of merit signed by the
					 attorney or party that either
(1) an
					 appropriate licensed professional has supplied a written statement that there
					 exists a reasonable probability that the care, skill or knowledge exercised or
					 exhibited in the treatment, practice or work that is the subject of the
					 complaint, fell outside acceptable professional standards and that such conduct
					 was a cause in bringing about the harm, or
(2) The claim that the defendant deviated
					 from an acceptable professional standard is based solely on allegations that
					 other licensed professionals for whom this defendant is responsible deviated
					 from an acceptable professional standard, or
(3) expert testimony of an appropriate
					 licensed professional is unnecessary for prosecution of the claim.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.4 - Responsive Pleading

Current through Register Vol. 54, No. 28, July 13, 2024
A defendant against whom a professional liability claim
						is asserted shall file a responsive pleading within the time required by Rule
						1026 or within twenty days after service of the certificate of merit on that
						defendant, whichever is later.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.5 - Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
Except for the production of documents and things or the
						entry upon property for inspection and other purposes, a plaintiff who has
						asserted a professional liability claim may not, without leave of court, seek
						any discovery with respect to that claim prior to the filing of a certificate
						of merit.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.6 - Notice of Intent to Enter Judgment of Non Pros for Failure to File Certificate of Merit. Motion to Determine Necessity to File Certificate. Form of Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 provided by subdivision (b), a defendant seeking to enter a judgment of non
					 pros under Rule
					 1042.7(a) shall
					 file a written notice of intention to file the praecipe and serve it on the
					 party's attorney of record or on the party if unrepresented, no sooner than the
					 thirty-first day after the filing of the complaint.
(b) A judgment of non pros may be entered as
					 provided by Rule
					 1042.7(a)
					 without notice if
(1) the court has granted a
					 motion to extend the time to file the certificate and the plaintiff has failed
					 to file it within the extended time, or
(2) the court has denied the motion to extend
					 the time.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.7 - Entry of Judgment of Non Pros for Failure to File Certification. Form of Praecipe

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 prothonotary, on praecipe of the defendant, shall enter a judgment of non pros
					 against the plaintiff for failure to file a certificate of merit within the
					 required time provided that
(1) there is no
					 pending motion for determination that the filing of a certificate is not
					 required or no pending timely filed motion seeking to extend the time to file
					 the certificate,
(2) no certificate
					 of merit has been filed,
(3) except
					 as provided by Rule
					 1042.6(b), the
					 defendant has attached to the praecipe a certificate of service of the notice
					 of intention to enter the judgment of non pros, and
(4) except as provided by Rule
					 1042.6(b), the
					 praecipe is filed no less than thirty days after the date of the filing of the
					 notice of intention to enter the judgment of non pros.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.8 - Motion to Strike. Defect of Certificate of Merit.

Current through Register Vol. 54, No. 28, July 13, 2024
If a court grants a motion to strike a claim for
						noncompliance with the requirements of Rule
						1042.3(b), the
						court shall grant the plaintiff twenty days to file a certificate of merit
						which cures the defect.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.9 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a plaintiff
					 has filed a certificate of merit as to a particular defendant and that
					 defendant is dismissed from the case through voluntary dismissal, verdict or
					 order of court, the plaintiff, within thirty days of the written request of
					 that defendant, shall provide him or her with the written statement obtained
					 from the licensed professional upon which the certificate of merit as to that
					 defendant was based. If a plaintiff's claims against other licensed
					 professionals are still pending, the written statement shall be produced within
					 thirty days of resolution of all claims against the other licensed
					 professionals.
(b) A court may
					 impose appropriate sanctions, including sanctions provided for in Rule
					 1023.4, if the court determines
					 that an attorney violated Rule
					 1042.3(a)(1) and
					 (2) by improperly certifying that an
					 appropriate licensed professional has supplied a written statement that there
					 exists a reasonable probability that the care, skill or knowledge experienced
					 or exhibited in the treatment, practice or work that is the subject of the
					 complaint, fell outside acceptable professional standards and that such conduct
					 was a cause in bringing about the harm.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.10 - Certificate of Merit. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The certificate required by Rule
						1042.3(a) shall
						be substantially in the following form:
(Caption)
Certificate of Merit as to____________
(Name of Defendant)
I, ____________ , certify that:
(Attorney or Party)
[] an appropriate licensed professional has supplied a
						written statement to the undersigned that there is a basis to conclude that the
						care, skill or knowledge exercised or exhibited by this defendant in the
						treatment, practice or work that is the subject of the complaint, fell outside
						acceptable professional standards and that such conduct was a cause in bringing
						about the harm;
AND/OR
[] the claim that this defendant deviated from an
						acceptable professional standard is based solely on allegations that other
						licensed professionals for whom this defendant is responsible deviated from an
						acceptable professional standard and an appropriate licensed professional has
						supplied a written statement to the undersigned that there is a basis to
						conclude that the care, skill or knowledge exercised or exhibited by the other
						licensed professionals in the treatment, practice or work that is the subject
						of the complaint, fell outside acceptable professional standards and that such
						conduct was a cause in bringing about the harm;
OR
[] expert testimony of an appropriate licensed
						professional is unnecessary for prosecution of the claim against this
						defendant.
Date: ____________
____________
(Attorney or Party)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.11 - Notice of Intent to Enter Judgment of Non Pros for Failure to File a Written Statement from an Appropriate Licensed Professional. Form of Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A defendant
					 seeking to enter a judgment of non pros under Rule
					 1042.12 shall file a notice of
					 intent to enter a judgment of non pros for failure to file a written statement
					 from an appropriate licensed professional with the certificate of
					 merit.
(b) The notice required by
					 subdivision (a) of this rule shall be substantially in the following form:
(Caption)
Notice of Intention to Enter Judgment of Non Pros
for Failure to File Written Statement from
an Appropriate Licensed Professional
To: ____________
(Identify Party)
Pursuant to Pennsylvania Rule of Civil Procedure 1042.12,
						I intend to enter a judgment of non pros against you after thirty (30) days of
						the date of the filing of this notice if a written statement from an
						appropriate licensed professional is not filed as required by Rule
						1042.3(e).
I am serving this notice on behalf of
						_________________________
(Name of party)
The judgment of non pros will be entered as to the
						following claims:
______________________________________
______________________________________
(State if a judgment is to be entered as to all claims.
						Otherwise, identify claims set forth in the complaint as to which a judgment of
						non pros will be entered.)
____________
(Attorney)
____________
(Address)
____________
(Telephone Number)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PROFESSIONAL LIABILITY ACTIONS › Rule 1042.12 - Entry of Judgment of Non Pros for Failure to File a Written Statement from an Appropriate Licensed Professional

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The prothonotary, on praecipe of the
					 defendant, shall enter a judgment of non pros against the plaintiff for failure
					 to file a written statement under Rule 1042.3(e) provided that
(1) no written statement has been
					 filed,
(2) the defendant has
					 attached to the praecipe a certificate of service of the notice of intention to
					 enter the judgment of non pros, and
(3) the praecipe is filed no less than thirty
					 days after the date of the filing of the notice of intention to enter judgment
					 of non pros.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › LEGAL PAPERS; CAPTION › Rule 1042.16 - Medical Professional Liability Actions. Legal Papers. Caption

Current through Register Vol. 54, No. 28, July 13, 2024
In an action in which there is a claim for medical
						professional liability, the caption of all legal papers, or the cover sheet in
						a county that requires a cover sheet, shall contain the designation "Civil
						Action-Medical Professional Liability Action."
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › SETTLEMENT CONFERENCE; MEDIATION › Rule 1042.21 - Medical Professional Liability Actions. Motion for Settlement Conference or Mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
					 to the exchange of expert reports in a medical professional liability action, a
					 health care provider may file a motion with the court requesting a settlement
					 conference or court ordered mediation.
(1) If
					 the motion is filed without the consent of all other parties, the moving party
					 shall certify that it believes there is a realistic possibility of
					 settlement.
(2) If the motion
					 requests court ordered mediation, the moving party shall describe in the motion
					 the mediation which is sought and shall pay for the mediation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.26 - Medical Professional Liability Actions. Expert Reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
The rules of this chapter, Rules
						1042.26 through
						1042.38, govern a medical
						professional liability action in which a medical professional liability claim
						is asserted against a health care provider.
The rules of this chapter create additional requirements
						for the pre-trial production of expert reports for cases within the scope of
						these rules.
(b) The rules
					 of this chapter are applicable only in those jurisdictions where the court has
					 not established case management deadlines by court order or
					 otherwise.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.27 - Requests for Production of Expert Reports. Responses. General Provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) A party may request the production of
					 expert reports as provided by Rules 1042.28(a), 1042.29(a) and
					 1042.30(a).
(2) The request shall
					 specify the party to whom it is directed and the party making the
					 request.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.28 - Defendant's Request to Plaintiff for Production of Expert Reports. Response

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) A defendant against whom a claim of
					 professional negligence has been made may serve on a plaintiff making that
					 claim a Defendant's Request to Plaintiff for Production of Expert Reports. The
					 request shall be substantially in the form prescribed by Rule
					 1042.36.
(2) The Defendant's
					 Request may be served not earlier than ninety days after the defendant filed
					 its original answer to the plaintiff's complaint.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.29 - Plaintiff's Request to Defendant or Additional Defendant for Production of Expert Reports. Response

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) Within the times set forth in
					 subdivisions (a)(2) and (a)(3), a plaintiff who has furnished a defendant or
					 additional defendant expert reports summarizing the expert testimony that will
					 be offered by the plaintiff to support his or her claims of professional
					 liability made against that defendant or additional defendant, may serve on
					 that defendant or additional defendant a Plaintiff's Request to Defendant or
					 Additional Defendant for Production of Expert Reports. The request shall be
					 substantially in the form prescribed by Rule 1042.37.
(2) A plaintiff who has furnished an expert
					 report to the defendant or additional defendant in response to a request
					 pursuant to Rule
					 1042.28 may thereafter serve a
					 request on that defendant or additional defendant. Within sixty days after
					 service of the request, the party to whom the request has been directed shall
					 furnish to the requesting party expert reports summarizing the expert testimony
					 that will be offered by that party to support the defenses to the requesting
					 party's claims.
(3) A plaintiff who
					 has furnished an expert report to the defendant or additional defendant without
					 a request may serve a request on that defendant or additional defendant after
					 ninety days following the filing of the certificate of merit as to the party to
					 whom the request is directed. Within one hundred twenty days after service of
					 the request, the party to whom the request has been directed shall furnish to
					 the requesting party expert reports summarizing the expert testimony that will
					 be offered by that party to support the defenses to the requesting party's
					 claims.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.30 - Defendant's or Additional Defendant's Request to Another Defendant or Additional Defendant for Production of Expert Reports. Response

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) A
					 defendant or additional defendant who has furnished expert reports summarizing
					 the expert testimony offered by that party in support of claims against other
					 parties pursuant to Rule
					 1042.29(b)  may
					 serve a Defendant's or Additional Defendant's Request to Another Defendant or
					 Additional Defendant for Production of Expert Reports. The request shall be
					 substantially in the form prescribed by Rule 1042.38.
(2) The request may not be made earlier than
					 ninety days after a certificate of merit was served on the party to whom the
					 request is directed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.31 - Failure to Produce Report. Sanctions. Summary Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party who has not received an expert
					 report required to be produced under these rules may upon motion obtain a court
					 order compelling the production of the report. In ruling on the motion, the
					 court shall consider the complexity of the case, the diligence of the parties
					 in making and responding to discovery requests, and other relevant factors. A
					 party who has proceeded with reasonable diligence shall be given a reasonable
					 time in which to complete necessary discovery and to produce an expert
					 report.
(b) A court may impose
					 sanctions for non-compliance with an order entered pursuant to subdivision (a)
					 including, where appropriate, an order barring a party from introducing expert
					 testimony.
(c) A court shall
					 promptly consider a motion for summary judgment which is based solely on a
					 court order entered pursuant to subdivision (b), barring a party from
					 introducing expert testimony.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.32 - Additional and Supplemental Reports

Current through Register Vol. 54, No. 28, July 13, 2024
Until a deadline set by the court for the production of
						expert reports has passed or unless the court has precluded such production, a
						party may serve additional and supplemental expert reports without leave of
						court. These reports may introduce new theories of liability or causation or
						new defenses, and may be prepared by other experts.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.36 - Defendant's Request to Plaintiff. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The Defendant's Request to Plaintiff for Production of
						Expert Reports required by Rule
						1042.28(a)(1)
						shall be substantially in the following form:
(CAPTION)
DEFENDANT'S REQUEST TO PLAINTIFF
FOR PRODUCTION OF EXPERT REPORTS
TO: ______________________________________
Name of Plaintiff
FROM: ______________________________________
Name of Defendant
Pursuant to Pennsylvania Rule of Civil Procedure
						1042.28(b), you are requested within one hundred eighty (180) days of service
						of this request to furnish to me, the defendant named above, expert reports
						summarizing the expert testimony that you will offer to support the claims of
						professional negligence that you have made against me. You are required to
						serve copies of all expert reports on all other parties.
Dated: ____________
______________________________________
Attorney for Defendant
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.37 - Plaintiff's Request to Defendant or Additional Defendant

Current through Register Vol. 54, No. 28, July 13, 2024
The Plaintiff's Request to Defendant or Additional
						Defendant for Production of Expert Reports required by Rule
						1042.29(a)(1)
						shall be substantially in the following form:
(CAPTION)
Plaintiff's Request to Defendant or Additional
						Defendant
for Production of Expert Reports
TO: ______________________________________
Name of Defendant/Additional Defendant
FROM: ______________________________________
Name of Plaintiff
1. I, the plaintiff named above, have
					 furnished you, the defendant named above, expert reports summarizing the expert
					 testimony that I will offer to support the claims of professional negligence or
					 product liability that I have made against you.
2.
(A).
					 Pursuant to Pennsylvania Rule of Civil Procedure 1042.29(a)(2), you are
					 requested within sixty (60) days of service of this request to furnish to me
					 expert reports summarizing the expert testimony that you will offer to support
					 your defenses to the claims of professional negligence that I have made against
					 you.
(B).  Pursuant to Pennsylvania
					 Rule of Civil Procedure 1042.29(a)(3), you are requested within one hundred
					 twenty (120) days of service of this request to furnish to me expert reports
					 summarizing the expert testimony that you will offer to support your defenses
					 to the claims of professional negligence that I have made against
					 you.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › EXPERT REPORTS › Rule 1042.38 - Defendant's or Additional Defendant's Request to Another Defendant or Additional Defendant. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The Defendant's or Additional Defendant's Request to
						Another Defendant or Additional Defendant for Production of Expert Reports
						required by Rule
						1042.3(a)(1)
						shall be substantially in the following form:
(CAPTION)
Defendant's or Additional Defendant's Request to Another
						Defendant or Additional Defendant for Production of Expert Reports
TO: ______________________________________
Name of Another Defendant/Additional Defendant
FROM: ______________________________________
Name of Defendant/Additional Defendant
I, the defendant/additional defendant named above, have
						furnished to you expert reports summarizing the expert testimony that I will
						offer to support the claims that I have made against you pursuant to
						Pennsylvania Rule of Civil Procedure 2251 et seq. governing joinder of
						additional parties.
Pursuant to Pa.R.C.P. 1042.30(b), you are requested
						within sixty (60) days to furnish me expert reports summarizing the expert
						testimony that you will offer to support your defenses to my claims against you
						and to support any claims you have raised against me pursuant to Pa.R.C.P. 2251
						et seq.
If you have raised claims against other parties pursuant
						to Pa.R.C.P. 2251 et seq., your expert reports are required also to summarize
						the expert testimony that you will offer in support of your claims against
						these other parties.
You are required to serve copies of all expert reports on
						all other parties.
Date: ____________
______________________________________
Attorney for
						______________________________________
Defendant/Additional Defendant
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › SCHEDULING ORDER › Rule 1042.41 - Medical Professional Liability Actions . Scheduling Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After one year
					 from the date the first answer was filed in a medical professional liability
					 action, any party to the action may file a motion requesting the court to issue
					 a scheduling order. Upon presentation of the motion, the court shall within
					 thirty days issue a scheduling order or schedule a case management
					 conference.
(b) The scheduling
					 order shall include schedules for the completion of discovery and the
					 production of expert reports.
(c)
					 This rule shall not apply where the court by court order or otherwise has
					 established schedules for completion of discovery and production of expert
					 reports.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PRE-TRIAL CONFERENCE › Rule 1042.51 - Medical Professional Liability Actions. Motion for Pre- Trial Conference. Mediation. Report of Cases not Tried

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) Any
					 party to a medical professional liability action may file a motion requesting
					 the court to schedule a pre-trial conference. The motion may be filed
(i) after the parties have produced expert
					 reports as to liability pursuant to a request under Rule
					 1042.26 et seq. or a scheduling
					 order under Rule 1042.41 or
(ii)
					 whenever the motion includes a statement that all parties have exchanged expert
					 reports as to liability.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter B - ACTION IN TRESPASS › PRE-TRIAL CONFERENCE › Rule 1042.71 - Medical Professional Liability Actions. Damages. Findings

Current through Register Vol. 54, No. 28, July 13, 2024
At the request of any party to a medical professional
						liability action, the trier of fact shall make a determination, with separate
						findings for each plaintiff, specifying the amount of all of the
						following:
(1) except as provided
					 under Section 508 of the MCARE Act, past damages for:
(i) medical and other related expenses in a
					 lump sum;
(ii) loss of earnings in
					 a lump sum; and
(iii) noneconomic
					 loss in a lump sum.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter C - ACTION IN EJECTMENT › Rule 1051 - Conformity to Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this chapter, the procedure
					 in the action of ejectment shall be in accordance with the rules relating to a
					 civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter C - ACTION IN EJECTMENT › Rule 1054 - Specific Averments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  plaintiff shall describe the land in the complaint.
(b) A party shall set forth in the complaint
				  or answer an abstract of the title upon which the party relies at least from
				  the common source of the adverse titles of the parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter C - ACTION IN EJECTMENT › Rule 1055 - Pleading More Than One Cause of Action

Current through Register Vol. 54, No. 28, July 13, 2024
The plaintiff may state in the complaint any cause of
					 action for rents, profits or any other damages which arise from the defendant's
					 possession of the land.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter C - ACTION IN EJECTMENT › Rule 1056 - Counterclaim

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The defendant
				  may plead a counterclaim which arises from the same transaction or occurrence
				  or series of transactions or occurrences from which the cause of action
				  arose.
(b) A conditional verdict
				  may be entered in an appropriate case.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter C - ACTION IN EJECTMENT › Rule 1057 - Judgment. Execution

Current through Register Vol. 54, No. 28, July 13, 2024
Judgment in the action shall be enforced as provided by
					 Rules 3160 to 3165, inclusive.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter C - ACTION IN EJECTMENT › Rule 1058 - Trial Without Jury

Current through Register Vol. 54, No. 28, July 13, 2024
The trial of actions in ejectment by a judge sitting
					 without a jury shall be in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter D - ACTION TO QUIET TITLE › Rule 1061 - Conformity to Civil Action. Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Except as otherwise provided in this chapter, the procedure in the action to
				  quiet title from the commencement to the entry of judgment shall be in
				  accordance with the rules relating to a civil action.
(b) The action may be brought
(1) to compel an adverse party to commence an
				  action of ejectment;
(2) where an
				  action of ejectment will not lie, to determine any right, lien, title or
				  interest in the land or determine the validity or discharge of any document,
				  obligation or deed affecting any right, lien, title or interest in
				  land;
(3) to compel an adverse
				  party to file, record, cancel, surrender or satisfy of record, or admit the
				  validity, invalidity or discharge of, any document, obligation or deed
				  affecting any right, lien, title or interest in land; or
(4) to obtain possession of land sold at a
				  judicial or tax sale.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter D - ACTION TO QUIET TITLE › Rule 1062 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
The action may be brought in and only in a county in which
					 the land or a part of the land is located.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter D - ACTION TO QUIET TITLE › Rule 1064 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
In actions involving subsurface mineral, oil, or natural
					 gas rights, if the plaintiff seeks to serve original process by publication
					 pursuant to Rule 430 and obtains actual knowledge of a last known address of
					 the defendant outside the county in which the property is located, the
					 plaintiff shall explain in the affidavit required by Rule 430(a) the search for
					 the defendant in that locale.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter D - ACTION TO QUIET TITLE › Rule 1065 - Specific Averments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				  as provided in subdivision (b), the plaintiff shall describe the land in the
				  complaint.
(b) In an action to
				  quiet title involving subsurface mineral, oil, or natural gas rights, the
				  complaint shall describe the land by attaching:
(1) a summary of the abstract of the mineral,
				  oil, or natural gas title, or the full abstract of the mineral, oil, or natural
				  gas title if the title documents are not available in the courthouse records,
				  and
(2) a statement of acreage
				  involved that includes a metes and bounds description, if available, or other
				  description sufficient to identify the subject land.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter D - ACTION TO QUIET TITLE › Rule 1065.1 - Notice. Claim for Adverse Possession

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This rule governs an action to quiet
				  title of property pursuant to Section
				  5527.1 of the Judicial Code,
				  § 5527.1.
(b) As used in this
				  rule,
"plaintiff" means the possessor of real property who is
					 seeking to quiet title to real property that he or she has adversely possessed
					 for a period of not less than ten years.
"defendant" means the owner, the owner's heirs, successors,
					 and assigns, of the real property as recorded in the most recent deed filed in
					 the Recorder of Deeds Office at the courthouse in the county in which the real
					 property is located.
(c)
				  Upon satisfying the requirements of Section
				  5527.1(a)-(b) of
				  the Judicial Code and commencing an
action to quiet title, the plaintiff shall provide to the
					 defendant the notice set forth in subdivision (d) of this rule.
(d) The notice shall be
				  substantially in the following form:
(CAPTION)
Notice Required by Section
					 5527.1 of the Judicial
					 Code
To the above-named defendant:
The plaintiff in the above-captioned matter has filed an
					 action to quiet title pursuant to Section
					 5527.1 of the Judicial Code,
					 §
											5527.1, seeking to acquire title
					 by adverse possession of real property described as follows:
____________________________________
Street Address
____________________________________
City, State, Postal Zip Code
____________________________________
Deed Reference
____________________________________
Uniform Parcel Identifier or Tax Parcel Number
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
Metes and Bounds Description
If you wish to challenge the claim of adverse possession,
					 you must respond to the action to quiet title within one year after this
					 complaint and notice are served by commencing an action in ejectment against
					 the plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter D - ACTION TO QUIET TITLE › Rule 1066 - Form of Judgment or Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court shall grant appropriate relief
				  upon affidavit that a complaint containing a notice to defend has been served
				  and that the defendant has not filed an answer, or after a hearing or trial on
				  the pleadings or merits.
(b) Upon
				  granting relief to the plaintiff, the court
(1) shall order that the defendant be forever
				  barred from asserting any right, lien, title or interest in the land
				  inconsistent with the interest or claim of the plaintiff set forth in the
				  complaint, unless the defendant takes such action as the order directs within
				  thirty days thereafter. If such action is not taken within the thirty-day
				  period, the prothonotary on praecipe of the plaintiff shall enter final
				  judgment;
(2) shall enter a final
				  judgment that a document, obligation or deed affecting a right, lien, title or
				  interest in the land is cancelled or is valid, invalid or discharged or that a
				  copy of a lost plan, document, obligation or deed is an authentic
				  copy;
(3) shall enter a final
				  judgment ordering the defendant, the prothonotary, or the recorder of deeds to
				  file, record, cancel, surrender or satisfy of record, as the case may be, any
				  plan, document, obligation or deed determined to be valid, invalid, satisfied
				  or discharged, and to execute and deliver any document, obligation or deed
				  necessary to make the order effective; or
(4) shall enter any other order necessary for
				  the granting of proper relief.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter D - ACTION TO QUIET TITLE › Rule 1067 - Trial Without Jury

Current through Register Vol. 54, No. 28, July 13, 2024
The trial of actions to quiet title by a judge sitting
					 without a jury shall be in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter D - ACTION TO QUIET TITLE › Rule 1068 - Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  rules of civil procedure shall not be deemed to suspend or affect:
(1) The Act of May 28, 1895, P. L. 124, No.
				  92, as amended by the Act of April 28, 1899, P. L. 123, No. 101,
				  21
				  P. S. §§
												399,
				  497 to
				  499;
(2) Section 506 of the Act of August 24,
				  1963, P. L. 1175, No. 497,
				  49
				  P. S. §
												1506.