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34 Cards in this Set
- Front
- Back
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PA - Declaratory Relief
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Parties c/seek declaratory judgments w/r/t parties' relationship and/or status, or to determine their rights.
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Initiating Litigation in PA
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M/file a Complaint or a Praecipe for a Writ of Summons
M/b served by the Sheriff, except in Philadelphia County. |
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Praecipe for a Writ of Summons
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Not a pleading - still M/file Complaint. Allows discovery before Complaint.
Tolls SOL = Equivalent Period Doctrine (so long as P makes GF effort to serve D) Allows pre-C discovery where information sought is material and necessary for the filing of the Comlpaint AND it w/n cause unreasonable annoyance, embarrassment, oppression, burden, or expense to any person or party. |
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PA Service of Process - Individuals
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Personal Service = handing copy to D
Personal Service to an adult family member or person in charge at D's house; the manager of hotel, apt, or place of lodging where D resides; OR D's agent/person in charge at any office or regular place of business Note: P M/make GF effort to serve D |
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PA Service of Process - Out of State
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Certified US Mail - BUT MUST HAVE PJ!
- Do 2-part USC and PA Long Arm analysis. - Distinguish b/t general and specific jdxn (general = sufficient contacts w/ forum that D c/b sued for any claim arising anywhere). USC = Minimum Contacts (Purposeful Availment, Foreseeability) such that exerting PJ w/n offend traditional notions of Fair Play and Substantial Justice (Relatedness of contacts, Convenience of parties and Ws, and State interest in asserting jdxn) |
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PA Service of Process - When
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W/in 30d. If not, P can refile Praecipe or Complaint and serve again - as many times as necessary until SOL runs.
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PA Service of Process - Alternative Service
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Motion for Special Order Allowing Alternative Service
- demonstrate GF effort to locate and serve D - include affidavit stating those efforts (nature and lengths) - Ct c/authorize service by posting at last known address, publication, or other reasonable alternate means OBJECTIONS TO SERVICE ARE WAIVABLE |
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PA - Wrong Venue
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Ct sustains PO to venue. Dismiss if no county of proper venue exists in the state.
If proper venue c/b had in state, ct will transfer to the proper counter. OBJECTIONS TO VENUE ARE WAIVABLE - use it or lose it. |
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PA Forum non Conveniens
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P's forum choice gets great weight u/l for the convenience of the parties and Ws, the court m/transfer to another county in which the suit originally c/h/b brought.
D m/demonstrate specific hardships to party and W AND that these are out of proportion to P's convenience. Rule = petition to transfer should NOT be granted u/l D meets the burden of demonstrating w/ detailed information on the record that P's chosen forum is oppressive or vexatious. |
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PA - Extension of Time Periods
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Agreement of parties in writing - or order of the court
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PA Fact-Pleading/Complaint Requirements
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More than notice pleading - M/plead all material facts on which the COA is based.
M/specifically state: - times, places where T/O occurred - averments of fraud and mistake - special damages - if K = written or oral M/b stated generally = averments to malice, intent, knowledge (i.e. mental states) M/use separately numbered paragraphs for each allegation. M/attach writings forming the basis of the claim - or explain their absence. |
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PA Complaint Requirements - Verification
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M/b verified by both parties and attorneys.
- EXCEPT if party not available in jdxn at the time, attorney or person w/ sufficient knowledge can verify, but M/state that the party is not available OR does not have sufficient knowledge to verify AND the source of information for the person verifying Sworn statement that information is true to the knowledge, information and belief AND not interposed for purposes of delay. |
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PA - Effect of Attorney's Signature
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M/b on all pleadings, motions and other papers directed to the court = certifies that to the best of attorney's knowledge, information and belief formed after reasonable investigation:
- not being presented for improper purposes - Good facts (everybody lies!) - Good law (research first!) Reasonable investigation = time signer had, if she had to rely on client for information, if the pleading/paper was based on a plausible interpretation of the law, whether signer depended on forwarding counsel SANCTIONS = after notice and opportunity to be heard, ct may impose to deter repetitive conduct penalties (paid to court), strike all/part of documents, attorneys fees and costs against the Signer or his firm. |
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PA - D's Answer
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M/b filed w/in 20d of Complaint or Motion Denial
M/admit or deny each paragraph/averment of fact in C - general denials = admission u/l exception applies EXCEPTIONS - statement that after reasonable investigation she is w/o/k or information sufficient to form a belief (DENIAL) - action seeking monetary relief for bodily injury, death or property damage c/b generally denied UNLESS in support of additional relief demanded, in POs, relating to ID, agency or ET of the person doing a material act, OR relating to ownership, possession or control of the property or instrumentality involved |
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PA - Affirmative Defenses
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M/b set forth under New Matter and M/b pleaded or waived u/l AOR or Comparative negligence
Waivable = accord/satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, RJ, truth, waiver and SOF and SOL Most important = SOF and SOL |
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PA - Reply Pleadings
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W/in 20d of receipt of New Matter/Counterclaims
Failure to reply c/result in admission |
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PA - Compulsory Joinder
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Multiple COAs arising out of same T/O against same person
Failure to join as required = waiver of the COA. Personal Injury Claims - COAs of both spouse or of parent-child M/b brought in same action - Claims of each P M/b set forth in separate counts of the Complaint. |
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PA - Permissive Joinder
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Claims of multiple Ps or against multiple Ds m/b brought together IF
- arise out of same T/O or series of T/Os AND have common questions of law or fact affecting the parties' rights - m/b joined in alternative |
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PA - Consolidation/Coordination
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Actions pending in the same county:
- involving common questions of law or fact, or arising from same T/O - C/b consolidated to avoid unnecessary cost or delay Actions pending in different counties: - involving common questions of law or fact or arising out of T/O c/b coordinated - motion M/b filed in county where c was first filed asking court to stay proceedings in any county where subsequent litigation was filed |
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PA - Expert Witness Discovery
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EW Interrogatories = any other party c/b required to ID experts expected to testify; state substance of facts and opinions to which he is expected to testify AND summary of grounds for each opinion.
NOT discover = opinions of experts retained in anticipation of litigation but not expected as EW at trial Right to Depose Opposition's EW: - only with good cause - ct can impose restrictions on scope and order payment of EW's fees |
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PA - Medical Records Discovery
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Where P's physical condition is in controversy.
D can obtain relevant medical records ("Waiver of D-P privilege) - unreasonably embarrassing - relevance Restriction = can ONLY get information from treating physician w/ written consent (HIPAA) or via a discovery method providing opposing counsel w/ notice and allows her to file Motion for PO |
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PA - Discovery = Requesting Physical/Mental Examination
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Can compel P to submit to physical/mental exam by D's examiner (licensed physician, dentist or psychologist)
- P's attorney or rep can attend exam - If D selected the doctor, report M/b given to P's counsel even if no intent to call doctor at trial - If D selected AND P can demonstrate significant pattern of compensation received by expert from Ds in similar cases, supporting a reasonable inference that doctor m/color or slant testimony, then P can direct financial discovery of doctor: - compensation received - percent of his litigation-related activities devoted to particular class of litigant AND - approximate income from litigation related to professional services |
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PA - Discovery for Professional Liability Claims
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Limited pre-COM Filing
- P c/n conduct discovery pre-COM u/l she has leave of court - CANNOT discovery expert's written statement supporting COM unless P intends to call EW at trial OR D is dismissed through voluntary dismissal, verdict or other court order - Exception = production of documents or entry on property for inspection and other purposes |
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PA - Supplementation of Discovery Responses
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No general duty to supplement EXCEPT:
- M/supplement w/r/t questions directly addressed to ID, location of persons w/ knowledge of discoverable information (i.e. Ws) - Parties or Experts M/amend upon obtaining information from which she knows the prior response was either incorrect when made OR is now incorrect |
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PA - Objectionable Discovery
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A receives objectionable discovery = she can serve objections OR file a Motion for a Protective Order
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PA - Enforcement of Discovery Rules
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Motion to Compel
Motion for Sanctions if still not received - sanctions w/include whatever's reasonable under the circumstances |
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PA - Use of Depositions at Trial
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Party's Deposition = c/b used by OC for any purpose at trial
Deposition of any W c/b used by any party for any purpose IF: - party offering deposition c/n procure W's attendance by subpeona or W is otherwise unavailable (out of state, dead, more than 100 miles from trial OR unable b/c of age, sickness, or imprisonment) Non-Party Medical Depositions = c/b used for any purpose at trial, regardless of W availability |
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PA - Motion for Summary Judgment
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Filed any time on any issues after close of pleadings, early enough as to not delay trial.
No GI/MF AND movant entitled to judgment as MOL = viewed in light most favorable to non-movant All undisputed facts M/b established by pleadings, discovery or affidavits (c/n contain hearsay) Encouraged = Motions for Partial SJ! Nanty-Glo Rule = MSJ not granted if motion is ONLY supported by uncontradicted affidavits or deposition testimony AND grant would require acceptance of movant Ws' credibility (jury's job!) Absence of E = c/obtain SJ based on absence of E sufficient to permit jury to find an essential element of a claim or defense (affidavits not enough to support MSJ alone) |
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PA - P's Failure to Certify as "Ready for Trial"
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Enter Judgment of Non Pros where:
- P shows lack of due diligence by failing to proceed w/ reasonable promptness - no compelling reason for delay AND - delay caused actual prejudice to D (economic or defense prejudice) D seeking JNP M/come to court w/ "clean hands" and delay properly chargeable to D does not count as grounds for JNP |
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PA - Pre-Trial Conferences
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No provisions for mandatory pre-trial meetings of counsel or scheduling/conferences.
PArties M/file pre-trial statement = lists Ws, experts, damages and exhibits |
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PA - Motion for Compulsory Nonsuit
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C/b granted after P's case on liability considering ONLY E introduced by P or that favorable to P that D h/introduced prior to the close of P's case.
RULE = granted if P failed to establish a right to relief - but ct M/assume all of P's E is true. |
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PA - Motion for Directed Verdict
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Granted after all E h/b introduced - generally orally after E at trial (JMOL under FRCP)
RULE = when E is such that w/o weighing Ws' credibility, there c/b only one reasonable conclusion as to verdict |
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PA - Motion for Post-Trial Relief
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Exclusive post-trial motion! Replaces JNOV, new trial, to remove nonsuit, etc.
Grounds for post-trial relief M/b preserved by pre-trial or trial motion, objection, point for charge, etc. M/b filed w/in 10d of verdict or nonsuit. Rule = even though jury found for other party, as MOL, court s/grant new trial or enter judgment for movant |
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PA - Compulsory Arbitration
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Civil actions where AIC is "small" M/b first heard by panel of arbitrators
Either party has absolute and automatic right to appeal decisions for trial de novo in the Court of Common Pleas (right to jury trial!) Special rules = medical bills and reports c/b admitted w/o EW testimony |
