reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2049 - Effective Date. Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective on the fourth day of
				  September, 1939, and shall apply to actions pending at that
				  time.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2051 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court of record which is subject to these rules;
"guardian," except where the context otherwise indicates,
				  means the guardian or other fiduciary appointed by a court of competent
				  jurisdiction for the person or estate of an incapacitated person;
"incapacitated person" means an adult whose ability to
				  receive and evaluate information effectively and communicate decisions in any
				  way is impaired to such a significant extent that the person is partially or
				  totally unable to manage financial resources or to meet the essential
				  requirements for physical health and safety;
"confined" means legally committed or voluntarily or
				  involuntarily restrained because of incapacity.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2053 - Guardian to Represent Incapacitated Person

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plaintiff who is an incapacitated
				person shall be represented by a guardian or by a guardian ad litem who shall
				supervise and control the conduct of the action in the plaintiff's
				behalf.
(b) A defendant who is an
				incapacitated person shall be represented by a guardian. If the defendant has
				no guardian, or if the guardian is not served with process in this Commonwealth
				and does not voluntarily appear in the action, the defendant shall be
				represented by a guardian ad litem. The guardian or guardian ad litem shall
				supervise and control the conduct of the action in the defendant's
				behalf.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2054 - Actions By and Against Incapacitated Persons. Averments in Plaintiff'sPleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action in which a plaintiff is
				incapacitated shall be entitled "A, An Incapacitated Person, by B, Guardian,"
				against the defendant.
(b) The
				initial pleading filed in behalf of a plaintiff who is incapacitated shall
				state the name and address of the plaintiff's guardian, if any, the nature of
				the guardianship and a reference to the record of the guardian's
				appointment.
(c) An action in which
				a defendant is an incapacitated person shall be commenced against the defendant
				by name in the manner in which a like action is commenced against an adult who
				is not incapacitated.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2056 - Procedure When Incapacity of a Party is Ascertained

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, at any time during the pendency of
				the action, the court shall find that the plaintiff is an incapacitated person,
				who is not represented in the action by a guardian or a guardian ad litem, the
				court shall either
(1) forthwith appoint a
				guardian ad litem; or
(2) stay all
				proceedings and enter an order directing that the plaintiff be represented in
				the action by a guardian within such reasonable time as the court shall direct.
				Notice of such order shall be given to such persons and in such manner as the
				court may direct. If a guardian is not appointed within the specified time, the
				court shall appoint a guardian ad litem.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2057 - Nonsuit. Directed Verdict. Judgment Notwithstanding the Verdict. New Trial

Current through Register Vol. 54, No. 28, July 13, 2024
The non-representation of a plaintiff who is incapacitated
				  may not be assigned by a defendant as a ground for a nonsuit, directed verdict,
				  or judgment in favor of any party, but may be assigned on behalf of the
				  incapacitated plaintiff as ground for a new trial when a setoff or counterclaim
				  has been successfully asserted against the incapacitated
				  plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2058 - Setoffs and Counterclaims

Current through Register Vol. 54, No. 28, July 13, 2024
In an action brought by or against an incapacitated person
				  the defendant may assert any setoff or counterclaim against the
				  plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2059 - Form of Application for a Guardian Ad Litem

Current through Register Vol. 54, No. 28, July 13, 2024
A petition for the appointment of a guardian ad litem shall
				  state the name and address of the person proposed, and the person's
				  relationship, if any, to the subject matter of the action or to any of the
				  parties thereto. It shall contain also an averment that to the best of
				  petitioner's information and belief the incapacitated person has no guardian,
				  or that the guardian cannot be served with process in this
				  Commonwealth.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2060 - Removal of Guardian Ad Litem and Appointment of Substitute

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court, on its own motion or upon the
				petition of any party in interest, may remove the guardian ad litem of an
				incapacitated party and substitute the person's guardian or another guardian ad
				litem.
(b) The petition shall state
				the name and address of the person proposed, and the person's relationship, if
				any, to the subject matter of the action or to any of the parties thereto. In
				case the person proposed is the guardian of the incapacitated person the
				petition shall contain a reference to the record of the appointment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2061 - Affidavits

Current through Register Vol. 54, No. 28, July 13, 2024
Affidavits which are required to be made by a party to an
				  action, including affidavits to the pleadings, shall not be made by an
				  incapacitated party, but may be made on the party's behalf by the party's
				  guardian or any competent person, if the guardian or other competent person has
				  knowledge or information as to the facts averred therein, and shall state the
				  nature of the party's incapacity.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2062 - Incapacitated Person Judicially Determined to Have Capacity DuringPendency of Action

Current through Register Vol. 54, No. 28, July 13, 2024
If during the pendency of an action an incapacitated party
				  (1) is judically determined to have capacity by the court which appointed the
				  party's guardian or (2) if the party has no guardian, is ascertained to have
				  capacity by the court in which the action is pending, the record shall be
				  amended to remove the guardian or guardian ad litem.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2063 - Judgment and Costs

Current through Register Vol. 54, No. 28, July 13, 2024
A judgment entered in an action against an incapacitated
				  person shall be the obligation of the incapacitated person only. A guardian or
				  a guardian ad litem shall not be individually liable for the payment of any
				  judgment entered against the incapacitated person or for the costs of the
				  action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2050 - INCAPACITATED PERSONS AS PARTIES › Rule 2074 - Effective Date. Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective on the second day of
				  February, 1942, and shall apply to actions pending at that
				  time.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2100 - THE COMMONWEALTH AND POLITICAL SUBDIVISIONSAS PARTIES › Rule 2101 - Definition

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
"action" means any civil action or proceeding brought in or
				  appealed to any court which is subject to these rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2100 - THE COMMONWEALTH AND POLITICAL SUBDIVISIONSAS PARTIES › Rule 2102 - Style of Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) An action by the Commonwealth shall be
				brought in the name of the Commonwealth of Pennsylvania.
(2) An action against a Commonwealth agency
				or party shall be styled in the following manner: Plaintiff v. "
____________
(Name of Agency or Party)
____________
of the Commonwealth of Pennsylvania."
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2100 - THE COMMONWEALTH AND POLITICAL SUBDIVISIONSAS PARTIES › Rule 2103 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action
				brought in a court of common pleas by the Commonwealth may be brought in any
				county permitted by a rule of the Supreme Court.
(b) Except when the Commonwealth is the
				plaintiff or when otherwise provided by an Act of Assembly, an action against a
				political subdivision may be brought only in the county in which the political
				subdivision is located.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2100 - THE COMMONWEALTH AND POLITICAL SUBDIVISIONSAS PARTIES › Rule 2123 - Acts of Assembly Not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The rules governing the Commonwealth and political
				  subdivisions as parties shall not be deemed to suspend or affect any Act of
				  Assembly regulating the venue of actions brought by the head of an executive or
				  administrative department or by a departmental administrative board or
				  commission or by an independent administrative board or commission of the
				  Commonwealth.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2100 - THE COMMONWEALTH AND POLITICAL SUBDIVISIONSAS PARTIES › Rule 2124 - Effective Date. Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective on the 1st day of January,
				  1947, but shall not apply to actions pending at that time.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2100 - THE COMMONWEALTH AND POLITICAL SUBDIVISIONSAS PARTIES › Rule 2125 - Suspension of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
Section 213 of the Act approved March 10, 1949, P. L. 30,
				  Art. II,
				  24
				  P. S. §
										2-213, is suspended in
				  accordance with the provisions of the Constitution of 1968, Article V, Section
				  10(c).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2120 - PARTNERSHIPS AS PARTIES › Rule 2126 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
Action
-Any civil action or proceeding
				  brought in or appealed to any court which is subject to these rules.
Firm name
-Any name, fictitious or otherwise,
				  by which a partnership conducts business or is commonly known whether or not
				  such name has been filed or registered.
Liquidator
-Any person legally engaged in
				  winding up the affairs of a dissolved partnership.
Partner
-Only a general partner or a limited
				  partner who has become subject to the liability of a general partner.
Partnership
-A general or limited
				  partnership, whether it is also a registered limited liability partnership or
				  electing partnership, and does not mean a limited liability company,
				  unincorporated association, joint stock company or similar
				  association.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2120 - PARTNERSHIPS AS PARTIES › Rule 2127 - Actions by Partnerships and Liquidators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A partnership having a right of action
				shall prosecute such right in the names of the then partners trading in the
				firm name, in the following manner: "A, B and C trading as X &
				Co."
(b) An action prosecuted by
				the liquidator of a dissolved partnership shall be prosecuted in the name of
				the liquidator in the following manner: "A, Liquidator of A, B, and C, late
				trading as X & Co."
(c) The
				failure of a partnership to comply with subdivision (a) of this rule shall not
				affect the right of the defendant to recover costs from both the partnership
				and the individual partners.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2120 - PARTNERSHIPS AS PARTIES › Rule 2128 - Actions Against Partnerships and Liquidators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action against a partnership may be
				prosecuted against one or more partners as individuals trading as the
				partnership in the manner designated by Rule 2127(a), or against the
				partnership in its firm name.
(b)
				If a plaintiff prosecutes an action against a partnership in its firm name
				only, the partnership may prosecute any setoff, counterclaim or cross- action
				in its firm name.
(c) An action
				prosecuted against the liquidator of a dissolved partnership shall be
				prosecuted in the following manner: "A, Liquidator of A, B and C, late trading
				as X & Co."
(d) Whenever an
				action is prosecuted against a partnership in the names of the partners trading
				in the firm name and the partners or partnership shall have failed to file in
				the office of the prothonotary of the county or counties in which the
				partnership business is conducted a statement of membership as required by law,
				such partners shall not be permitted to plead a misnomer or the omission of the
				name of a partner of the partnership or the inclusion of the names of persons
				not partners of said partnership.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2120 - PARTNERSHIPS AS PARTIES › Rule 2129 - Actions between partnerships and partners

Current through Register Vol. 54, No. 28, July 13, 2024
An action may be prosecuted by a partnership against one or
				  more of the partners thereof, or against such partners together with persons
				  not partners; or by one or more partners, or by such partners together with
				  other persons not partners, against the partnership.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2120 - PARTNERSHIPS AS PARTIES › Rule 2130 - Venue in an Action Against a Partnership

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
Except as
				otherwise provided by subdivision (c) of this rule, an action against a
				partnership may be brought in and only in a county where
(1) the partnership regularly conducts
				business;
(2) the cause of action
				arose;
(3) a transaction or
				occurrence took place out of which the cause of action arose; or
(4) the property or a part of the property,
				which is the subject matter of the action, is located provided that equitable
				relief is sought with respect to the property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2120 - PARTNERSHIPS AS PARTIES › Rule 2132 - Effect of judgments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				judgment entered against a defendant partnership sued in its firm name only
				shall support execution upon the partnership property only.
(b) A judgment entered against a defendant
				partnership sued in the name or names of the partners as individuals trading in
				the firm name shall support execution upon the partnership property and upon
				the individual property of any partner named as a party if jurisdiction has
				been validly obtained as provided by Rule 2131 and the requirements of clause
				(c) of this rule have been satisfied.
(c) [Rescinded].
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2120 - PARTNERSHIPS AS PARTIES › Rule 2133 - Indexing of judgements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				judgment against a partnership shall be indexed against the partnership in its
				firm name.
(b) A judgment against
				the liquidator of a dissolved partnership shall be indexed against the
				liquidator as liquidator of the partnership and against the partnership in its
				firm name.
(c) A judgment against
				an individual partner shall be indexed against the partner as an
				individual.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2120 - PARTNERSHIPS AS PARTIES › Rule 2134 - Subsequent actions against partners not named in prior action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever a judgment is entered against a
				partnership such judgment shall not bar a subsequent action upon the same cause
				of action against any partner who was not individually named as a defendant in
				the action.
(b) In a subsequent
				action instituted under the authority of subdivision (a) of this rule, a
				partner against whom a judgment was entered in the original action shall not be
				joined as a party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2150 - UNINCORPORATED ASSOCIATIONS AS PARTIES › Rule 2151 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court which is subject to these rules;
"association" means an unincorporated association conducting
				  any business or engaging in any activity of any nature whether for profit or
				  otherwise under a common name, but does not mean a partnership as defined in
				  Rule 2126 or a corporation or similar entity as defined in Rule
				  2176.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2150 - UNINCORPORATED ASSOCIATIONS AS PARTIES › Rule 2152 - Actions by associations

Current through Register Vol. 54, No. 28, July 13, 2024
An action prosecuted by an association shall be prosecuted in
				  the name of a member or members thereof as trustees ad litem for such
				  association. An action so prosecuted shall be entitled "X Association by A and
				  B, Trustees ad Litem" against the party defendant.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2150 - UNINCORPORATED ASSOCIATIONS AS PARTIES › Rule 2153 - Actions against associations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In an
				action prosecuted against an association it shall be sufficient to name as
				defendant either the association by its name, whether the same is registered,
				filed or not, or any officer of the association as trustee ad litem for such
				association in the manner prescribed by Rule 2152.
(b) If a plaintiff prosecutes an action
				against an association in the association name only, the association may
				prosecute any setoff, counterclaim or cross-action in its association
				name.
(c) In addition to the
				parties defendant permitted by subdivision (a) of this rule, the plaintiff may
				join as parties defendant one or more members of such association in their
				individual capacity, including members already named as trustees ad litem, for
				the purpose of enforcing any individual liability of such members upon the
				cause of action sued upon.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2150 - UNINCORPORATED ASSOCIATIONS AS PARTIES › Rule 2154 - Actions between associations and members

Current through Register Vol. 54, No. 28, July 13, 2024
An action may be prosecuted by an association against one or
				  more of the members thereof, or against such members together with persons not
				  members; or by one or more members, or by such members together with other
				  persons not members, against the association.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2150 - UNINCORPORATED ASSOCIATIONS AS PARTIES › Rule 2155 - Liability for costs

Current through Register Vol. 54, No. 28, July 13, 2024
No trustee ad litem and no individual member of an
				  association shall be liable for the payment of a money judgment entered against
				  the association as such; but a trustee ad litem representing a plaintiff
				  association shall be liable for any costs which may be taxed against the
				  association and a trustee ad litem representing a defendant association
				  asserting any counterclaim or setoff shall be liable for any costs which may be
				  taxed against the association.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2150 - UNINCORPORATED ASSOCIATIONS AS PARTIES › Rule 2156 - Venue in an Action Against an Unincorporated Association

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				Rule.
Except as otherwise provided by subdivision (b) of this rule, an
				action against an association may be brought in and only in a county where
(1) the association regularly conducts
				business or any association activity;
(2) the cause of action arose;
(3) a transaction or occurrence took place
				out of which the cause of action arose; or
(4) the property or a part of the property,
				which is the subject matter of the action, is located provided that equitable
				relief is sought with respect to the property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2150 - UNINCORPORATED ASSOCIATIONS AS PARTIES › Rule 2158 - Effect of judgment against association

Current through Register Vol. 54, No. 28, July 13, 2024
A judgment entered against an association sued in the name of
				  the association or in the name of a trustee ad litem, or sued alone or together
				  with a member of the association or other person, shall support execution upon
				  the property of the association.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2150 - UNINCORPORATED ASSOCIATIONS AS PARTIES › Rule 2159 - Fictitious name act saved

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall not be deemed to suspend or affect the
				  operation of any Act of Assembly relating to the registration of fictitious
				  names.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2170 - CORPORATIONS AND SIMILAR ENTITIES AS PARTIES › Rule 2176 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court which is subject to these rules;
"corporation or similar entity" includes any public,
				  quasi-public or private corporation, insurance association or exchange, joint
				  stock company or association, limited liability company, professional
				  association, business trust, or any other association which is regarded as an
				  entity distinct from the members composing the association, but does not
				  include the Commonwealth of Pennsylvania, a political subdivision as defined in
				  Rule 76, a partnership as defined in Rule 2126, or an unincorporated
				  association as defined in Rule 2151;
"corporate name" means any name, real or fictitious, under
				  which a corporation or similar entity was organized, or conducts business,
				  whether or not such name has been filed or registered;
"executive officer" means a chairman, president,
				  vice-president, treasurer, secretary, general manager, or any like officer of a
				  corporation or similar entity;
"member" includes any shareholder in a corporation or similar
				  entity.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2170 - CORPORATIONS AND SIMILAR ENTITIES AS PARTIES › Rule 2178 - Actions between a corporation or similar entity and members thereof

Current through Register Vol. 54, No. 28, July 13, 2024
An action may be prosecuted by a corporation or similar
				  entity against one or more of the members thereof, or against members together
				  with persons not members; or by one or more members, or by members together
				  with other persons not members, against the corporation or similar
				  entity.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2170 - CORPORATIONS AND SIMILAR ENTITIES AS PARTIES › Rule 2179 - Venue in an Action Against a Corporation or Similar Entity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				Rule.
Except as otherwise provided by an Act of Assembly or by
				subdivision (b) of this rule, a personal action against a corporation or
				similar entity may be brought in and only in a county where
(1) the registered office or principal place
				of business of the corporation or similar entity is located;
(2) the corporation or similar entity
				regularly conducts business;
(3)
				the cause of action arose;
(4) a
				transaction or occurrence took place out of which the cause of action arose;
				or
(5) the property or a part of
				the property, which is the subject matter of the action, is located provided
				that equitable relief is sought with respect to the property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2200 - ACTIONS FOR WRONGFUL DEATH › Rule 2201 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court of record which is subject to these rules;
"action for wrongful death" means in the case of rules 2202,
				  2203 and 2206, an action arising under the laws of this Commonwealth and in the
				  case of rules 2204 and 2205, an action arising under the laws of this
				  Commonwealth or any other jurisdiction;
"personal representative" means the executor or administrator
				  of the estate of a decedent duly qualified by law to bring actions within this
				  Commonwealth.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2200 - ACTIONS FOR WRONGFUL DEATH › Rule 2202 - Parties entitled to bring action for wrongful death

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided in clause
				(b) of this rule, an action for wrongful death shall be brought only by the
				personal representative of the decedent for the benefit of those persons
				entitled by law to recover damages for such wrongful death.
(b) If no action for wrongful death has been
				brought within six months after the death of the decedent, the action may be
				brought by the personal representative or by any person entitled by law to
				recover damages in such action as trustee ad litem on behalf of all persons
				entitled to share in the damages.
(c) While an action is pending it shall
				operate as a bar against the bringing of any other action for such wrongful
				death.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2200 - ACTIONS FOR WRONGFUL DEATH › Rule 2203 - Procedure to remove plaintiff

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any
				person entitled by law to recover damages in an action for wrongful death may
				petition the court in which an action for such wrongful death is pending to
				remove the plaintiff and to substitute as a new plaintiff any person entitled
				by law to recover damages in the action or a personal representative of the
				decedent.
(b) After hearing, of
				which due notice shall be given to the plaintiff in the action and to all
				persons entitled by law to recover damages, the court may remove the plaintiff
				and order the substitution prayed for, if it deems the same
				advisable.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2200 - ACTIONS FOR WRONGFUL DEATH › Rule 2204 - Averments in plaintiff's pleading

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to all other facts required to be pleaded, the
				  initial pleading of the plaintiff in an action for wrongful death shall state
				  the plaintiff's relationship to the decedent, the plaintiff's right to bring
				  the action, the names and last known residence addresses of all persons
				  entitled by law to recover damages, their relationship to the decedent and that
				  the action was brought in their behalf.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2200 - ACTIONS FOR WRONGFUL DEATH › Rule 2205 - Notice to persons entitled to damages

Current through Register Vol. 54, No. 28, July 13, 2024
When an action for wrongful death has been instituted, the
				  plaintiff shall give notice, by registered mail or in such other manner as the
				  court shall direct by local rule or special order, to each person entitled by
				  law to recover damages in the action, that an action has been instituted for
				  wrongful death, naming the decedent and stating the court, term and number of
				  the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2200 - ACTIONS FOR WRONGFUL DEATH › Rule 2207 - Actions arising under foreign law

Current through Register Vol. 54, No. 28, July 13, 2024
When an action to recover damages for wrongful death is
				  brought in this Commonwealth to enforce rights arising under the laws of some
				  other jurisdiction it shall be brought by the person authorized to bring the
				  action by the law of the jurisdiction where the cause of action arose.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2220 - JOINDER OF PARTIES › Rule 2226 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court of record which is subject to these
				  rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2220 - JOINDER OF PARTIES › Rule 2227 - Compulsory joinder

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons
				having only a joint interest in the subject matter of an action must be joined
				on the same side as plaintiffs or defendants.
(b) If a person who must be joined as a
				plaintiff refuses to join, he or she shall, in a proper case, be made a
				defendant or an involuntary plaintiff when the substantive law permits such
				involuntary joinder.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2220 - JOINDER OF PARTIES › Rule 2228 - Joinder of related plaintiffs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an
				injury, not resulting in death, is inflicted upon the person of a husband or a
				wife, and causes of action therefor accrue to both, they shall be enforced in
				one action brought by the husband and the wife.
(b) If an injury, not resulting in death, is
				inflicted upon the person of a minor, and causes of action therefor accrue to
				the minor and also to the parent or parents of the minor, they shall be
				enforced in one action brought by the parent or parents and the child. Either
				parent may sue therefor in the name of both; but if the parents live apart the
				action shall be brought by the parent having the custody of the child and the
				control of its services.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2220 - JOINDER OF PARTIES › Rule 2229 - Permissive joinder

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons may
				join as plaintiffs who assert any right to relief jointly, severally,
				separately or in the alternative, in respect of or arising out of the same
				transaction, occurrence, or series of transactions or occurrences if any common
				question of law or fact affecting the rights to relief of all such persons will
				arise in the action.
(b) A
				plaintiff may join as defendants persons against whom the plaintiff asserts any
				right to relief jointly, severally, separately or in the alternative, in
				respect of or arising out of the same transaction, occurrence, or series of
				transactions or occurrences if any common question of law or fact affecting the
				liabilities of all such persons will arise in the action.
(c) Parties may join or be joined in the
				alternative although the cause of action asserted by or against any one or more
				of them is inconsistent with the cause of action asserted by or against any of
				the others so joined.
(d) A
				plaintiff who asserts a cause of action ex contractu may join as defendants all
				or any one or more persons alleged to be liable to the plaintiff on or by
				reason of the breach of the contractual obligation sued upon, regardless of the
				capacities in which such persons are respectively liable or whether they are
				primarily or secondarily liable or whether their liabilities arise from the
				same or separate acts or undertakings; but where the liability of any defendant
				is solely joint, the plaintiff shall join all other persons jointly liable with
				such defendant.
(e) In an action to
				adjudicate title to or an interest in real or personal property
(1) persons whose claims are not adverse to
				each other may join as plaintiffs;
(2) any person whose claim is adverse to that
				of the plaintiff may be joined as a defendant.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2220 - JOINDER OF PARTIES › Rule 2231 - Effect of joinder; practice in general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The joinder of parties shall not be
				deemed to unite for jurisdictional purposes amounts in controversy claimed
				severally, separately or in the alternative by or against the respective
				parties plaintiff and defendant.
(b) [Rescinded]
(c) The trial of an action in which parties
				have joined or have been joined under Rules 2228 and 2229 shall be conducted as
				if independent actions between such parties had been consolidated for
				trial.
(d) Except as otherwise
				provided by these rules, the joinder of parties in any action shall not affect
				the procedural rights which each party would have if suing or sued separately,
				and the verdicts and judgments entered therein shall be joint, several or
				separate according to the nature of the right or liability therein
				determined.
(e) If two or more
				defendants are joined under Rule 2229 (d), the plaintiff shall not be permitted
				to discontinue or enter a nolle prosequi or a voluntary nonsuit as to any
				defendant primarily liable to the plaintiff unless the plaintiff also does so
				as to all defendants secondarily liable to the plaintiff for the default of
				such defendant.
(f)
				Rescinded.
(g) Rescinded.
(h) Rescinded.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2220 - JOINDER OF PARTIES › Rule 2232 - Defective joinder; change of parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The cause of action of a person required
				to join in an action as a party plaintiff by Rule 2228 shall be barred by
				failing to join therein if the defendant has given such person such notice of
				the pendency of the action as the court by local rule or special order shall
				direct.
(b) (Rescinded).
(c) At any stage of an action, the court may
				order the joinder of any additional person who could have joined or who could
				have been joined in the action and may stay all proceedings until such person
				has been joined. The court in its discretion may proceed in the action although
				such person has not been made a party if jurisdiction over the person cannot be
				obtained and the person is not an indispensable party to the action.
(d) When a plaintiff joins two or more
				defendants and the evidence does not justify a recovery against all of them,
				the court shall enter a nonsuit or direct a verdict in favor of any defendant
				not shown to be liable either jointly, severally or separately, and the action
				shall continue and determine which of the remaining defendants are jointly,
				severally or separately liable with the same effect as though the defendants
				found to be liable were the only ones joined. As in other cases the court may
				enter judgment notwithstanding the verdict in favor of or against any of such
				defendants.
(e) In any action to
				enforce a joint liability, the entry of a judgment against one or more of the
				defendants shall not bar recovery in the same action against the other
				defendants or bar recovery in a separate action against the defendants named in
				the first action but not served.
(f) In any action to enforce a joint and
				several liability, the entry of a judgment against one or more of the
				defendants shall not bar recovery against the other defendants in the same or
				separate actions or bar recovery in a separate action against any other person
				jointly and severally liable with the defendants.
(g) In a separate action instituted under the
				authority or subdivision (e) or (f) of this rule, the person against whom a
				judgment has been previously entered shall not again be joined as a
				party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2220 - JOINDER OF PARTIES › Rule 2248 - Acts of Assembly not suspended

Current through Register Vol. 54, No. 28, July 13, 2024
(a) These rules shall not be deemed to
				suspend or affect any Act of Assembly requiring the joinder in an action of a
				specified number or percentage of electors, taxpayers, stockholders, property
				owners or other persons.
(b) These
				rules shall not be deemed to suspend or affect the following Acts of Assembly:
(1) Section 18 of the Act approved May 16,
				1923, P. L. 207, No. 153,
				53
				P. S. §
											7186.
(2) Section 8411 of the Probate, Estates and
				Fiduciaries Code,
				20 Pa.C.S. 8411.
(3) Section 7540 of the Judicial Code,
				42 Pa.C.S. §
											7540.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2220 - JOINDER OF PARTIES › Rule 2249 - Effective date; pending actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective on the fifth day of
				  February 1941, but shall not apply to actions pending at the time. Adopted June
				  7, 1940. Eff. Feb. 5, 1941.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2250 - JOINDER OF ADDITIONAL DEFENDANTS › Rule 2251 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court of record which is subject to these rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2250 - JOINDER OF ADDITIONAL DEFENDANTS › Rule 2252 - Right to Join Additional Defendants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided by Rule
				1706.1, any party may join as an
				additional defendant any person not a party to the action who may be
(1) solely liable on the underlying cause of
				action against the joining party, or
(2) liable to or with the joining party on
				any cause of action arising out of the transaction or occurrence or series of
				transactions or occurrences upon which the underlying cause of action against
				the joining party is based.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2250 - JOINDER OF ADDITIONAL DEFENDANTS › Rule 2253 - Time for Filing Praecipe or Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided by Rule
				1041.1(e),
				neither praecipe for a writ to join an additional defendant nor a complaint if
				the joinder is commenced by a complaint, shall be filed later than
(1) sixty days after the service upon the
				original defendant of the initial pleading of the plaintiff or any amendment
				thereof, or
(2) The time for filing
				the joining party's answer as established by Rule 1026, Rule 1028 or order of
				court,
whichever is later, unless such filing is allowed by order of
				  the court or by the written consent of all parties approved by and filed with
				  the court. The praecipe for a writ to join an additional defendant or the
				  complaint joining the additional defendant shall be filed within twenty days
				  after notice of the court order or the court approval of the written consent or
				  within such other time as the court shall fix.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2250 - JOINDER OF ADDITIONAL DEFENDANTS › Rule 2255 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The procedure,
				including pleadings, between the party joining an additional defendant and the
				additional defendant shall be the same as though the party joining the
				additional defendant were a plaintiff and the additional defendant were a
				defendant.
(b) Rescinded.
(c) No judgment on the pleadings may be
				entered in favor of any party against an additional defendant for failure to
				answer the complaint of the party joining the additional defendant, but all
				allegations of fact in such complaint to which an answer is required and which
				are not sufficiently answered shall be conclusive upon the additional
				defendant.
(d) The plaintiff shall
				recover from an additional defendant found liable to the plaintiff alone or
				jointly with the defendant as though such additional defendant had been joined
				as a defendant and duly served and the initial pleading of the plaintiff had
				averred such liability.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2250 - JOINDER OF ADDITIONAL DEFENDANTS › Rule 2256 - Counterclaims

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An original
				defendant who asserts against the plaintiff a counterclaim not founded upon the
				transaction, occurrence or series of transactions or occurrences out of which
				the original cause of action arose may not join an additional
				defendant.
(b) An additional
				defendant may not assert a counterclaim which is not founded upon the
				transaction, occurrence or series of transactions or occurrences out of which
				the original cause of action arose.
(c) Rescinded.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2250 - JOINDER OF ADDITIONAL DEFENDANTS › Rule 2257 - Verdict, Specific Findings and Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the court's own motion or the request of any party, the
				  jury, or the court, if the action is tried without a jury, shall return, in
				  addition to a general verdict or finding, such specific findings as will
				  determine the issues among all parties. Questions submitted to the jury for
				  special findings shall be prepared or approved by the court and shall be in
				  writing.
See Editorial Comment preceding Rule 2251.
Rule 2257 as originally adopted February 14, 1939, effective
				  September 4, 1939, read as follows:
(a) The answer shall be framed in the same
				manner and form as is required for the pleading of a defendant in an action of
				assumpsit.
(b) A copy of the answer
				of the additional defendant shall be served upon every other party of record
				within five days after the filing of the answer.
(c) All allegations of fact in the petition
				which establish any liability of the additional defendant to or with the party
				bringing him on the record and which are not answered or not sufficiently
				answered by the additional defendant shall become conclusive as between, but
				only as between, the additional defendant and the party bringing him on the
				record."
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2301 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court which is subject to these rules;
"defendant" means any party originally named as a defendant,
				  any party added to the record as a defendant and any plaintiff against whom a
				  counterclaim or setoff is asserted;
"plaintiff" means any party prosecuting the action, or any
				  defendant insofar as such defendant asserts any counterclaim or setoff against
				  any plaintiff in the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2302 - Commencement of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
At any time during the pendency of an action, the court, of
				  its own motion or upon petition of a defendant, may interplead the plaintiff
				  and one or more claimants not parties of record. More than one claimant may be
				  interpleaded.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2303 - Allegations Required in Petition. Stay of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The petition for interpleader shall
				allege
(1) that a claimant not a party of
				record has made or is expected to make a demand upon the defendant as a result
				of which the defendant is or may be exposed to double or multiple liability to
				the plaintiff and to such claimant as to all or any part of the claim asserted
				by the plaintiff.
(2) that the
				petition is filed in good faith and not in collusion with the plaintiff or any
				claimant.
(3) The interest, if any,
				which the defendant claims in the money or property in controversy and whether
				the defendant is able (or if not, the reasons therefor) to pay or deliver that
				part of the money or property as to which he or she claims no interest into
				court or to such person as the court may direct.
(4) whether the defendant has admitted the
				claim of, or subjected himself or herself to independent liability to, the
				plaintiff or any claimant in respect to the subject matter of the
				action.