reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1704 - Form of the Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The complaint shall include in its caption the designation "Class
				Action".
(b) The complaint shall
				contain under a separate heading, styled "Class Action Allegations", averments
				of fact in support of the prerequisites of Rule 1702 and the criteria specified
				in Rules 1708 and 1709 on which the plaintiff relies.
(c) The plaintiff may join in the complaint
				claims for equitable, declaratory and monetary relief arising out of the same
				transaction or occurrence or series of transactions or occurrences.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1705 - Preliminary Objections

Current through Register Vol. 54, No. 28, July 13, 2024
All preliminary objections to the complaint permissible under
				  Rule 1028(a) shall be raised at one time. Issues of fact with respect to the
				  Class Action Allegations may not be raised by preliminary objections but shall
				  be raised by the answer.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1706.1 - Joinder of Additional Defendants

Current through Register Vol. 54, No. 28, July 13, 2024
Any defendant or additional defendant may only join as an
				  additional defendant any person not a party to the action, or may assert a
				  cross-claim against another party to the action, who may be
(1) solely liable on the plaintiff's cause of
				action, or
(2) liable over to the
				joining party on the plaintiff's cause of action, or
(3) jointly or severally liable with the
				joining party on the plaintiff's cause of action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1707 - Motion for Certification of Class Action. Time for Filing. Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within thirty
				days after the pleadings are closed or within thirty days after the last
				required pleading was due, the plaintiff shall move that the action be
				certified as a class action. The court may extend the time for cause shown. If
				the plaintiff fails to move for certification, the court if so notified shall
				promptly set a date for a certification hearing.
(b) The court may postpone the hearing to a
				later date pending the disposition of other motions or to permit discovery with
				respect to the class action issues.
(c) The hearing shall be limited to the Class
				Action Allegations. In determining whether to certify the action as a class
				action the court shall consider all relevant testimony, depositions, admissions
				and other evidence.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1708 - Criteria for Certification. Determination of Class Action as Fair and Efficient Method of Adjudication

Current through Register Vol. 54, No. 28, July 13, 2024
In determining whether a class action is a fair and efficient
				  method of adjudicating the controversy, the court shall consider among other
				  matters the criteria set forth in subdivisions (a), (b) and (c).
(a) Where monetary recovery alone is sought,
				the court shall consider
(1) whether common
				questions of law or fact predominate over any question affecting only
				individual members;
(2) the size of
				the class and the difficulties likely to be encountered in the management of
				the action as a class action;
(3)
				whether the prosecution of separate actions by or against individual members of
				the class would create a risk of
(i)
				inconsistent or varying adjudications with respect to individual members of the
				class which would confront the party opposing the class with incompatible
				standards of conduct;
(ii)
				adjudications with respect to individual members of the class which would as a
				practical matter be dispositive of the interests of other members not parties
				to the adjudications or substantially impair or impede their ability to protect
				their interests;
(4) the
				extent and nature of any litigation already commenced by or against members of
				the class involving any of the same issues;
(5) whether the particular forum is
				appropriate for the litigation of the claims of the entire class;
(6) whether in view of the complexities of
				the issues or the expenses of litigation the separate claims of individual
				class members are insufficient in amount to support separate actions;
(7) whether it is likely that the amount
				which may be recovered by individual class members will be so small in relation
				to the expense and effort of administering the action as not to justify a class
				action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1709 - Criteria for Certification. Determination of Fair and Adequate Representation

Current through Register Vol. 54, No. 28, July 13, 2024
In determining whether the representative parties will fairly
				  and adequately assert and protect the interests of the class, the court shall
				  consider among other matters
(1)
				whether the attorney for the representative parties will adequately represent
				the interests of the class,
(2)
				whether the representative parties have a conflict of interest in the
				maintenance of the class action, and
(3) whether the representative parties have
				or can acquire adequate financial resources to assure that the interests of the
				class will not be harmed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1710 - Order Certifying or Refusing to Certify a Class Action. Revocation. Amendment. Findings and Conclusions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In certifying, refusing to certify or
				revoking a certification of a class action, the court shall set forth in an
				opinion accompanying the order the reasons for its decision on the matters
				specified in Rules 1702, 1708 and 1709, including findings of fact, conclusions
				of law and appropriate discussion.
(b) In certifying a class action, the court
				shall set forth in its order a description of the class.
(c) When appropriate, in certifying, refusing
				to certify or revoking a certification of a class action the court may order
				that
(1) the action be maintained as a class
				action limited to particular issues or forms of relief, or
(2) a class be divided into subclasses and
				each subclass treated as a class for purposes of certifying, refusing to
				certify or revoking a certification and that the provisions of these rules be
				applied accordingly.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1711 - The Plaintiff Class. Exclusion. Inclusion

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subdivision (b) or
				as otherwise provided by the court, in certifying a plaintiff class or subclass
				the court shall state in its order that every member of the class is included
				unless by a specified date a member files of record a written election to be
				excluded from the class.
(b) If the
				court finds that
(1) the individual claims
				are substantial, and the potential members of the class have sufficient
				resources, experience and sophistication in business affairs to conduct their
				own litigation; or
(2) other
				special circumstances exist which are described in the order, the court may
				state in its order that a person shall not be a member of the plaintiff class
				or subclass unless by a specified date the person files of record a written
				election to be included in the class or subclass.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1712 - Order. Notice of Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				After the entry of the order of certification and after hearing the parties
				with respect to the notice to be given, the court shall enter a supplementary
				order which shall prescribe the type and content of notice to be used and shall
				specify the members to be notified. In determining the type and content of
				notice to be used and the members to be notified, the court shall consider the
				extent and nature of the class, the relief requested, the cost of notifying the
				members and the possible prejudice to be suffered by members of the class or by
				other parties if notice is not received. The court may designate in the notice
				a person to answer inquiries from, furnish information to or receive comments
				from members or potential members of the class with respect to the
				notice.
(b) The court may require
				individual notice to be given by personal service or by mail to all members who
				can be identified with reasonable effort. For members of the class who cannot
				be identified with reasonable effort or where the court has not required
				individual notice, the court shall require notice to be given through methods
				reasonably calculated to inform the members of the class of the pendency of the
				action. Such methods may include using a newspaper, television or radio or
				posting or distributing through a trade, union or public interest
				group.
(c) The notice shall be
				prepared by and given at the expense of the plaintiff in the manner required by
				the order. A proposed form of notice shall be submitted for approval to the
				court and to all named defendants, who may file objections thereto within ten
				days. The court may require a defendant to cooperate in giving notice by taking
				steps which will minimize the plaintiff's expense including the use of the
				defendant's established methods of communication with mem-bers of the class,
				provided, however, that any additional costs thereby incurred by the defendant
				shall be paid by the plaintiff.
(d)
				If a defendant asserts a counterclaim against a plaintiff class or subclass,
				the expense of a combined notice of the plaintiff's claim and of the
				defendant's counterclaim shall be allocated between the parties as the court
				may order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1713 - Conduct of Actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
				conduct of actions to which this rule applies, the court may make appropriate
				orders
(1) determining the course of
				proceedings or prescribing measures to prevent undue repetition or complication
				in the presentation of evidence or argument;
(2) requiring, for the protection of the
				members of the class or otherwise for the fair conduct of the action, that
				notice, other than notice under Rule 1712, be given in such manner as the court
				may direct to some or all of the members of any step in the action, or of the
				proposed extent of the judgment, or of the opportunity of members to signify
				whether they consider the representation fair and adequate;
(3) permitting an interested person to
				intervene in accordance with Rules 2326 et seq. governing
				Intervention;
(4) imposing
				conditions on the representative party or an intervener;
(5) taking any action to assure that the
				representative party adequately represents the class;
(6) dealing with other administrative or
				procedural matters.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1714 - Compromise. Settlement. Discontinuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No class action shall be compromised,
				settled or discontinued without the approval of the court after
				hearing.
(b) Prior to
				certification, the representative party may discontinue the action without
				notice to the members of the class if the court finds that the discontinuance
				will not prejudice the other members of the class.
(c) If an action has been certified as a
				class action, notice of the proposed compromise, settlement or discontinuance
				shall be given to all members of the class in such manner as the court may
				direct.
(d) Nothing in these rules
				is intended to limit the parties to a class action from suggesting, or the
				court from approving, a settlement that does not create residual
				funds.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1715 - Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except by
				special order of the court, no judgment by default or on the pleadings or by
				summary judgment may be entered in favor of or against the class until the
				court has certified or refused to certify the action as a class
				action.
(b) A judgment entered on
				preliminary objections in a class action before certification shall bind only
				the named parties to the action.
(c) A judgment entered in an action certified
				as a class action shall be binding on all members of the class except as
				otherwise directed by the court.
(d) In all cases the judgment shall be framed
				by the court and shall specify or describe the parties who are bound by its
				terms.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1716 - Residual Funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any order
				entering a judgment or approving a proposed compromise or settlement of a class
				action that establishes a process for the identification and compensation of
				members of the class shall provide for the disbursement of residual
				funds.
(b) Not less than fifty
				percent (50%) of residual funds in a given class action shall be disbursed to
				the Pennsylvania Interest on Lawyers Trust Account Board to support activities
				and programs which promote the delivery of civil legal assistance to the
				indigent in Pennsylvania by non-profit corporations described in Section
				501(c)(3) of the Internal Revenue Code of 1986, as amended. The order may
				provide for disbursement of the balance of any residual funds in excess of
				those payable to the Pennsylvania Interest on Lawyers Trust Account Board to
				the Pennsylvania Interest on Lawyers Trust Account Board, or to another entity
				for purposes that have a direct or indirect relationship to the objectives of
				the underlying class action, or which otherwise promote the substantive or
				procedural interests of the members of the class.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1717 - Counsel Fees

Current through Register Vol. 54, No. 28, July 13, 2024
In all cases where the court is authorized under applicable
				  law to fix the amount of counsel fees it shall consider, among other things,
				  the following factors:
(1) the time
				and effort reasonably expended by the attorney in the litigation;
(2) the quality of the services
				rendered;
(3) the results achieved
				and benefits conferred upon the class or upon the public;
(4) the magnitude, complexity and uniqueness
				of the litigation; and
(5) whether
				the receipt of a fee was contingent on success.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1703 - Commencement of Action. Assignment to a Judge

Current through Register Vol. 54, No. 28, July 13, 2024
Rule 1703 provides that a class action can be commenced
					 only by the filing of a complaint in the form provided by Rule 1704. The rule
					 further provides that upon the filing of the complaint the action must be
					 forthwith assigned to an individual judge who shall be in charge of the action
					 for all purposes as long as it continues as a class action. This will be
					 important in multi-judge counties. Obviously, if the initially assigned judge
					 becomes ill or for other sound reasons, the President Judge, or the
					 Administrative Judge, may reassign the case to another judge to assure its
					 efficient handling.
A class action may not be commenced by writ as provided
					 under the assumpsit, trespass or equity rules. If so commenced, it will not
					 toll the statute as to members of the class. In order to toll the statute as to
					 the class, the action must be commenced by a class action complaint.
Further, if the complaint does not comply with Rule 1704,
					 it will not commence a class action.
Even if the action seeks declaratory relief, the complaint
					 is mandatory. A petition under the Declaratory Judgment Act may not be
					 used.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1704 - Form of the Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
Rule 1704 includes novelties in the form of complaint.
					 Although the general pleading rule of the form of action in which relief is
					 sought will apply, there are three special requirements.
(1) The caption must include the designation
				  "Class Action".
(2) The complaint
				  must set forth under a separate heading styled "Class Action Allegations" the
				  averments of fact necessary to support the prerequisites of a class action as
				  set forth in Rule 1702 and the implementing criteria specified in Rules 1708
				  and 1709.
(3) The plaintiff may
				  join in the complaint claims for equitable, declaratory and monetary relief
				  arising out of the same transaction or occurrence or series of transactions or
				  occurrences. This is broader than Pa. R.C.P. 1020(d) which at present permits
				  only joinder of assumpsit and trespass arising out of the same transaction or
				  occurrence.
The requirement of the "class action allegations" is
					 fundamental. It impels the plaintiff to plead in detail all the facts which
					 will support his right to this special remedy. It segregates these from the
					 rest of the complaint and from the substantive averments of the plaintiff's
					 cause of action. Most important of all, it permits the application of Rules
					 1705 and 1706, which exclude the use of preliminary objections to raise issues
					 of fact with respect to the class action allegations, and requires such issues
					 to be raised in the answer. Hopefully, this will reduce dilatory proceedings
					 during the pleading stage.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1705 - Preliminary Objections

Current through Register Vol. 54, No. 28, July 13, 2024
The defendant may file any applicable preliminary
					 objections either to the class action allegations or to the underlying merits
					 of the class action claims or to both. As stated above, he may not use
					 preliminary objections to raise issues of fact with respect to the class action
					 allegations. All objections must be raised at the same time or they will be
					 considered waived, except, of course, objections to the complaint which under
					 Rule 1032 are not waived, namely, the defense of failure to state a claim upon
					 which relief can be granted and the defense of failure to join an indispensable
					 party.
In class actions in equity, the defenses of laches and
					 failure to exercise or exhaust a statutory remedy, and the existence of full,
					 complete and adequate non-statutory remedy at law, are available as preliminary
					 objections. See Rule 1509;
Lilian v. Commonwealth of
					 Pennsylvania
, 467 Pa. 15, 354 A.2d 250 (1976) (adequate statutory
					 administrative procedure).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1706 - Form of the Answer

Current through Register Vol. 54, No. 28, July 13, 2024
In all class actions, including actions in trespass, all
					 the averments of fact under the "class action allegations" will be deemed
					 admitted unless specifically denied in conformity with Rule 1029. The special
					 defense pleading rules in trespass will apply to all the substantive provisions
					 of the complaint, but will not apply to the class action allegations. They must
					 always be answered or they will be admitted.
Contrary to the Federal rule, a general denial is
					 insufficient, nor is a denial sufficient if made in "haec verba". The assumpsit
					 form of specific denial is required.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1707 - Motion for Certification of Class Action. Time for Filing. Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A hearing on certification of the action as a class action
					 is mandatory in all cases. The plaintiff has the burden of moving for a
					 certification hearing. The motion must be filed within 30 days after the
					 pleadings are closed or within 30 days after the last required pleading is due.
					 This prevents a party from delaying the certification hearing by delaying the
					 filing of a pleading when due. If the plaintiff fails to move, the court if so
					 notified must promptly set a date for certification hearing. A representative
					 party who does not move promptly may be charged with failure to represent the
					 class adequately and runs the risk of removal under Rule 1713(a)(5).
In cases where discovery is essential or where other
					 motions are pending, the court may extend the time for filing the motion for
					 certification, but in doing so, it must not allow the matter to drag along
					 indefinitely and must fix a date certain for the postponed hearing.
The motion for certification and the hearing thereon is the
					 stage at which certification is determined. As noted above, preliminary
					 objections are not the proper procedure for attacking the merits of class
					 action averments. Any cases holding otherwise will no longer be
					 authoritative.
The hearing is confined to a consideration of the class
					 action allegations and is not concerned with the merits of the controversy or
					 with attacks on the other averments of the complaint. Its only purpose is to
					 decide whether the action shall continue as a class action or as an action with
					 individual parties only. In a sense, it is designed to decide who shall be the
					 parties to the action and nothing more. Viewed in this manner, it is clear that
					 the merits of the action and the right of the plaintiff to recover are to be
					 excluded from consideration.
As a practical matter, they cannot be considered. Since the
					 certification hearing is not to be held until the pleading stage is concluded,
					 attacks on the form of the complaint or demurrers to attack the substance must
					 already have been filed and disposed of. The defendant will have already filed
					 an answer on the merits.
At the certification hearing, the court will have before it
					 the class action allegations in the complaint, the defendant's answer to these
					 allegations, any depositions or admissions relating to these allegations and
					 any testimony relating to those allegations that may be offered at the
					 hearing.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1709 - Criteria for Certification. Determination of Fair and Adequate Representation

Current through Register Vol. 54, No. 28, July 13, 2024
The Federal Rules contain no specific criteria for
					 determining the adequacy of representation by the representative parties or
					 their attorneys. Rule 1709 is based on Federal case law and Section 3(b) of the
					 Uniform Class Action Act approved by the Uniform Commissioners in August of
					 1976. The representative parties and their attorneys must have no conflict of
					 interest, the attorneys must be able adequately to represent the interests of
					 the class and the representative parties must have, or must be able to acquire,
					 adequate financial resources to assure that the interests of the class will not
					 be harmed.
A recent Federal decision has held that there is a conflict
					 of interest where a lawyer is named as the representative party and a member of
					 his firm is chosen as his counsel, if the amount of the potential attorney fee
					 far outweighs the amount of the representative party's individual claim.
Kramer v. Scientific Control Corp.
, 534 F.2d 1085 (3rd Cir.
					 1976).
The Uniform Act in Section 17 contains provisions for the
					 solicitation of funds to maintain the action under court supervision. Any such
					 provisions seem more properly governed in Pennsylvania by the standards of
					 professional conduct under the Code of Professional Responsibility and nothing
					 with respect to them is included in the Rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1710 - Order Certifying or Refusing to Certify a Class Action. Revocation. Amendment. Findings and Conclusions

Current through Register Vol. 54, No. 28, July 13, 2024
Subdivision (a) of Rule 1710 requires the court to file an
					 opinion accompanying an order of certification or an order refusing to certify
					 or an order of revocation of a previous order of certification. The opinion
					 must set forth the basis for decision, including findings of fact, conclusions
					 of law and appropriate discussion of the matters specified in Rules 1702, 1708
					 and 1709. Findings and conclusions are essential because an order refusing to
					 certify or revoking a previous certification is a final and appealable order.
Bell v. Beneficial Consumer Discount Company
, 465 Pa. 225, 348
					 A.2d 734 (1975).
Subdivision (b) requires that an order of certification
					 shall include a description of the class. This is self evident since, without
					 it, there would be no foundation for the identification of the class
					 members.
Subdivision (c) follows the Federal rule in permitting the
					 court to limit the class action to particular issues or forms of relief, and to
					 divide the proposed class into subclasses.
Subdivision (d) empowers the court to enter a conditional
					 order of certification. It also permits the court to revoke, alter or amend an
					 order of certification prior to a decision on the merits. The court may do this
					 on its own motion or on motion of any party. Any such supplemental order must
					 be accompanied by a memorandum of the reasons therefor.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1713 - Conduct of Actions

Current through Register Vol. 54, No. 28, July 13, 2024
During the course of the action the individual judge to
					 whom the case has been assigned may find it necessary to make appropriate
					 orders controlling the course of the action. These may be revoked, altered or
					 amended. With one exception, Rule 1713 copies Federal Rule 23(d). It omits the
					 Federal provision for an order amending the pleadings. This is unnecessary,
					 since Pa. R.C.P. 1033 regulating amendment of the pleadings is already
					 incorporated by reference by Rule 1701(b).
In addition to administrative and procedural matters, the
					 court may require additional notices to some or all of the members of (1) steps
					 in the action, or (2) the proposed extent of the judgment, or (3) an
					 opportunity to signify whether they consider the representation fair and
					 adequate. The court may also permit intervention. As to these interlocutory
					 notices the rule specifically provides, as does Federal Rule 23(d), that the
					 notice need be given only to some and not to all members of the class. Thus,
					 where the members are a closely cohesive group, it is not essential that all be
					 notified. The court may direct notice only to selected members such as officers
					 or directors.
The court also may police the representative party, may
					 impose conditions on his activity and, if necessary, may replace
					 him.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1714 - Compromise. Settlement. Discontinuance

Current through Register Vol. 54, No. 28, July 13, 2024
Rule 1714 incorporates the provisions of present Pa. R.C.P.
					 2230 and Federal Rule 23(e) which provide that a class action may not be
					 compromised, settled or discontinued without the approval of the court after
					 notice to the members of the class and hearing.
However, it contains an important provision not found in
					 either of those rules. It provides that prior to certification the
					 representative party may discontinue the action with court approval without
					 notice to the members of the class if the court finds that the discontinuance
					 will not prejudice the members of the class. Discontinuance in such case should
					 presume that there has been no private compensation to the representative party
					 as a consideration for his discontinuance of the action.
The court should conduct a careful inquiry before approving
					 a request for discontinuance before certification. It should not be treated as
					 a perfunctory matter. This is essential because the court has the
					 responsibility to enter a finding that there will be no prejudice to other
					 members of the class.
If the request for discontinuance is based upon the
					 inability of the representative party to assume the costs of the litigation the
					 court in its discretion should consider whether other representative parties
					 might wish to bear such costs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Appendix A - ANALYSIS OF THE RULES › Rule 1716 - Residual Funds

Current through Register Vol. 54, No. 28, July 13, 2024
The Federal rule does not deal with counsel fees. They are
					 governed by statute or traditional concepts developed by case law. Similarly,
					 Rule 1716 contains no substantive provisions as to when an award of counsel
					 fees may be made. It provides that they may be awarded only if applicable law
					 so provides. However, the rule does empower the court, if fees are allowable,
					 to regulate the amount of fees and expenses. The court is not bound by the
					 amount or percentage of the fee set forth in a contingent fee agreement between
					 the representative party and his attorney, although the contingent nature of
					 the fee is a factor to be considered in approving the fee.
The rule sets forth a number of factors to be considered by
					 the court in determining the amount of the fee.
(1) The time and effort reasonably expended
				  by the attorney in the litigation. The keeping of accurate time records is
				  therefore essential. These records should designate by whom the services were
				  performed, i.e., partners, senior attorneys, associates, juniors, paralegals,
				  etc., and their hourly rates. The time and effort factor is important, but it
				  is not the sole criterion. The ingenuity and skill of counsel may in the course
				  of only a few hours develop an entirely new theory of recovery where others
				  have failed. On the other hand, the inexperience of an attorney may require the
				  expenditure of needless, wasted hours.
(2) The quality of the services rendered.
				  Counsel who possess or are reputed to possess more experience, knowledge and
				  legal talent are entitled to and generally command compensation superior to
				  counsel who are less endowed.
(3)
				  The results achieved and benefits conferred upon the class or upon the public.
				  The reference to the public benefit is not intended to incorporate an "attorney
				  general concept" to support awards of attorneys' fees where such awards are not
				  presently allowed under existing substantive principles or statutory
				  authorizations. In
Alyeska Pipeline Service Company v. Wilderness
				  Society
, 421 U. S. 240, 44 L. Ed.2d. 141, 95 S. Ct. 1612 (1975), the
				  court expressly rejected the private attorney general theory where the award of
				  attorneys' fees had not been statutorily authorized or could not be claimed
				  under the established principles of equity relating to awards from the creation
				  of the fund.
(4) The magnitude,
				  complexity and uniqueness of the litigation.
(5) Whether the receipt of a fee was
				  contingent on success.
It is important to emphasize that the order in which these
					 factors are listed in the rule is not in any way intended to suggest an order
					 of priority on comparative importance in the determination of the
					 fee.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1900 - ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT › Rule 1901 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
Act
-The Protection from Abuse Act No. 206
				  approved December 19, 1990,
				  23 Pa.C.S.A. §
										6101
				  et seq.
Action
-A proceeding for protection from
				  abuses defined in § 6102 of the Act.
Court
-The court of common pleas.
Emergency Order
-An order entered by a
				  hearing officer, who is a person meeting the definition set forth at
				  23 Pa.C.S.A. §
										6102.
Fees
-means any costs associated with the
				  filing, issuance, registration, service or appeal of a Protection From Abuse
				  matter, including any foreign protection order.
Master for Emergency Relief
-means an
				  attorney, admitted to the practice of law by the Supreme Court of Pennsylvania
				  and appointed pursuant to
				  23 Pa.C.S.A. §
										6110(e), to hear petitions
				  for emergency protection from abuse.
Temporary Order
-An ex parte order entered by
				  the court pursuant to
				  23 Pa.C.S.A. §
										6107.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1900 - ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT › Rule 1901.1 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				provided in subdivision (b), an action for protection from abuse may be brought
				in a county in which
(1) the plaintiff
				resides, either temporarily or permanently, or is employed, or
(2) the defendant may be served, or
(3) the abuse occurred.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1900 - ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT › Rule 1901.3 - Commencement of action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				provided in subdivision (b), a plaintiff shall commence an action by presenting
				to the court or filing with the prothonotary a petition setting forth the
				alleged abuse by the defendant. The petition shall be substantially in the form
				set forth in Pa.R.C.P. No. 1905(b) and shall have as its first page the Notice
				of Hearing and Order set forth in Pa.R.C.P. No. 1905(a).
(b) An action may be commenced by filing with
				the prothonotary a certified copy of an emergency order entered pursuant to
				23 Pa.C.S. §
										6110,
				including orders issued by a hearing officer.
(c) Any fees associated with this action
				shall not be charged to the plaintiff.
(d) The hearing officer shall follow the
				procedures set forth in the Pennsylvania Rules of Civil Procedure Governing
				Actions and Proceedings Before Magisterial District Judges for emergency relief
				under the Protection From Abuse Act.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1900 - ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT › Rule 1901.4 - Service and Registration of order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Service of the petition and temporary
				order shall be in accordance with Rule 1930.4.
(b) An Affidavit of Service substantially in
				the form set forth in Rule 1905(d) shall be filed with the
				prothonotary.
(c) Upon the filing
				of a protection order with the prothonotary, the prothonotary shall transmit a
				copy of the order to the State Police PFA Registry in the manner prescribed by
				the Pennsylvania State Police.
(d)
				No fee shall be charged to the plaintiff or petitioner for service of any
				protection from abuse order or pleading or for the registration, filing or
				service of any foreign protection order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1900 - ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT › Rule 1901.5 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an arrest
				is made for violation of an order, a complaint for indirect criminal contempt
				shall be completed and signed by either a police officer, the sheriff or the
				plaintiff. When the complaint is filed by a police officer or sheriff, neither
				the plaintiff's presence nor signature is required.
(b) If an arrest is not effected, a complaint
				for indirect criminal contempt may be completed and signed by the plaintiff
				pursuant to
				23 Pa.C.S.A. §
										6113.1.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1900 - ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT › Rule 1901.6 - Responsive Pleading Not Required

Current through Register Vol. 54, No. 28, July 13, 2024
The defendant is not required to file an answer or other
				  responsive pleading to the petition or the certified order, and all averments
				  not admitted shall be deemed denied.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1900 - ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT › Rule 1901.7 - Decision. Post-trial Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The decision of the court may consist of
				only general findings of abuse but shall dispose of all claims for relief. The
				court's final order shall be rendered substantially in the form set forth in
				Rule 1905(e).
(b) No motion for
				post-trial relief may be filed to the final order.
(c) Ifafinalprotectionfromabuseorderdirects
				the defendant to pay support to the plaintiff for the benefit of the plaintiff
				and/or a child, the plaintiff must file a complaint for support with the
				domestic relations section within two weeks of the date of the order or the
				support provisions of the order shall lapse automatically. If the plaintiff
				timely files with the domestic relations section, the support provisions of the
				final protection from abuse order shall remain in effect until a support order
				is entered.
(d)
				ThecustodyprovisionsofaProtectionFrom Abuse order are temporary. Either party
				may initiate custody proceedings pursuant to the custody statute at
				23 Pa.C.S. §
										5321 et
				seq. Any valid custody order entered after the final Protection From Abuse
				order supersedes the custody provisions in paragraph 5 of the Protection From
				Abuse order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1900 - ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT › Rule 1901.8 - Modification or Discontinuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				cases in which a temporary protection order has not yet been granted or has
				been denied, a plaintiff in a protection from abuse action who wishes to
				discontinue the action may file a praecipe to discontinue, pursuant to
				Pa.R.C.P. 229, prior to the final order hearing. The party may also request the
				discontinuance by oral motion at a hearing.
(b) In cases in which a temporary protection
				order has been granted, a plaintiff in a protection from abuse action who
				wishes to vacate the temporary order and discontinue the action shall either
				file a petition with the court prior to the final order hearing or make the
				request by oral motion at the final order hearing.
(c) If either party seeks a modification
				after a final judgment has been entered in a protection from abuse action, the
				party shall petition the court to modify the final order. The court shall enter
				an order granting or denying the petition following an appearance by the
				petitioner before the court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.1 - Scope. Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				as provided by subdivision (b), the rules of this chapter govern all civil
				actions or proceedings brought in the court of common pleas to enforce a duty
				of support, or an obligation to pay alimony pendente lite.
(b) The rules of this chapter shall not
				govern
(1) an action or proceeding for
				support based upon a contract or agreement which provides that it may not be
				enforced by an action in accordance with these rules,
(2) an application for a temporary order of
				support and other relief pursuant to the Protection from Abuse Act of December
				19, 1990, P. L. 1240, No. 206,
				23 Pa.C.S. §
											6101 et
				seq. or
(3) an action for support
				of an indigent brought pursuant to Chapter 46 of the Domestic Relations Code,
				23 Pa.C.S.A. §
											4601
				et seq.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.2 - Venue. Transfer of Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action
				may be brought in
(1) the county in which the
				defendant resides, or
(2) the
				county in which the defendant is regularly employed, or
(3) the county in which the plaintiff resides
				and that county is the county in which the last marital domicile was located
				and in which the plaintiff has continued to reside.
(4) the county in which the child resides if
				the relief sought includes child support.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.2-1 - Procedures Pursuant to the Intrastate Family Support Act

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court in the county in which the
				complaint for support is filed shall retain and process the case for so long as
				all of the following conditions are met:
(1)
				there is proper venue pursuant to Rule 1910.2;
(2) The defendant-obligor's mailing address
				is known;
(3) sufficient
				information is known about the defendant-obligor's employment to enable the
				court to issue an earnings subpoena; and
(4) The obligee consents.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.3 - Parties. Obligor. Obligee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action
				may be brought
(1) by a person, including a
				minor parent or a minor spouse, to whom a duty of support is owing,
				or
(2) on behalf of a minor child
				by a person having custody of the child, without appointment as guardian ad
				litem, or
(3) on behalf of a minor
				child by a person caring for the child regardless of whether a court order has
				been issued granting that person custody of the child, or
(4) by a public body or private agency having
				an interest in the case, maintenance or assistance of a person to whom a duty
				of support is owing, or
(5) by a
				parent, guardian or public or private agency on behalf of an unemancipated
				child over eighteen years of age to whom a duty of support is owing,
				or.
(6) by any person who may owe a
				duty of support to a child or spouse. If the person to whom a duty of support
				may be owed does not appear, the action may be dismissed without prejudice for
				the petitioner to seek further relief from the court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.4 - Domestic Relations Section. Commencement of Action. No Filing Fees. Authorized Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each court
				of common pleas shall have a domestic relations section that shall be the
				filing office for pleadings and documents for child support, spousal support,
				and alimony
pendente lite
actions.
(b) A party shall commence actions for child
				support and spousal support by filing a complaint in the domestic relations
				section. A party shall commence an action for alimony
pendente
				lite
by filing a complaint in the domestic relations section if a
				divorce complaint has been filed with the prothonotary.
(c) The domestic relations section shall not
				require payment of a filing fee to commence or modify an action.
(d) Unless authorized by statute, a judicial
				district shall not impose additional fees in actions for child support, spousal
				support, and alimony
pendente lite
. The domestic relations
				section shall collect fees through the Pennsylvania Child Support Enforcement
				System (PACSES).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.5 - Complaint. Order of Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				complaint shall be substantially in the form provided by Rule
				1910.27(a).
(b) The complaint shall
				not contain a notice to defend or be endorsed with a notice to plead.
(c) An order shall be attached at the front
				of the complaint directing the defendant to appear before an officer for a
				conference at the time and place directed by the court. The order shall be
				substantially in the form provided by Rule
				1910.27(b) and
				must include notice that a child support order may be entered against either
				party without regard to which party initiated the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.6 - Notification

Current through Register Vol. 54, No. 28, July 13, 2024
Parties to a support action and their attorneys shall be
				  provided notice of all proceedings in which support obligations might be
				  established or modified. Notice must be provided at least 20 days prior to the
				  proceeding. The parties and their attorneys shall also be provided with a copy
				  of any order issued in the support action within 14 days after issuance of the
				  order. If there is no activity in a support action for a period of three years,
				  the domestic relations section shall send a notice to each of the parties'
				  attorneys advising each attorney that his or her appearance in the support
				  action shall be deemed to be withdrawn unless the attorney objects within
				  thirty (30) days of the date the notice is mailed to the attorney. An attorney
				  representing a party in a support action shall not be deemed to be representing
				  that party in any other action, nor shall a withdrawal of appearance in a
				  support action be deemed to be a withdrawal of appearance for the party in any
				  other proceeding.