Pennsylvania Forms for the Rules of Civil Procedure SECOND EDITION with Author’s Summaries and Comments by Hon. R. Stanton Wettick, Jr. Adjunct Professor of Law Pennsylvania Practice Course University of Pittsburgh School of Law Calendar Control Judge for Contested Civil Motions Common Pleas Court of Allegheny County, Pennsylvania Former Chair and Current Member Emeritus of the Supreme Court of Pennsylvania Civil Procedural Rules Committee
Transcript
Pennsylvania Forms for the Rules of Civil
Procedure SECOND EDITION
with Author’s Summaries and Comments
by
Hon. R. Stanton Wettick, Jr.Adjunct Professor of Law
Pennsylvania Practice Course
University of
Pittsburgh School of Law
Calendar Control Judge for Contested Civil Motions
Common Pleas Court of Allegheny County, Pennsylvania
Former Chair and Current Member Emeritus of the Supreme Court of
Pennsylvania Civil Procedural Rules Committee
ix
DETAILED TABLE OF CONTENTS
RULES OF CIVIL PROCEDURE GOVERNING ACTIONS AND PROCEEDINGS IN THE COURT OF COMMON PLEAS
RULES OF CONSTRUCTION
rules 51–153. [omitted]
GENERAL PROVISIONS
rules 201–204. [omitted or rescinded]rule 204.1. Pleadings and other Legal Papers. Formatrule 205. [rescinded]rule 205.1. Filing Legal Papers. mailing. Personal Presentation
by Attorney Not Necessary [omitted]rule 205.2. Filing Legal Papers with the Prothonotary [omitted]rule 205.3. Filing Pleadings and other Legal Papers with the
Prothonotary. originals and Copies [omitted]Rule 205.3 Form 1. Defendant’s notice to file original complaintrule 205.4. electronic Filing and Service of Legal Papers
[omitted]rule 205.4(e)(4)(ii) Form 1. motion for court order that legal paper be accepted
and filed nunc pro tuncrule 205.5. Cover Sheetrule 205.5 Form 1. Court of Common Pleas civil cover sheetrule 206. [rescinded]Rule 206.1. Petition. Definition. Content. Formrule 206.2. AnswerRule 206.3. Verificationrule 206.4. rule to Show Cause. Alternative Procedures.
exceptionrule 206.5. rule to Show Cause. discretionary Issuance. Stay.
Form of orderrule 206.6. rule to Show Cause. Issuance as of Course. Stay.
Form of order. rule Inapplicable to Petition to Strike default Judgment
rule 206.7. Procedure After Issuance of rule to Show CauseAUTHOR’S SUMMARY OF THE LAW: PETITION AND ANSWER PRACTICEAUTHOR’S SUMMARY OF THE LAW: PETITIONS TO OPEN/STRIKE DEFAULT JUDGMENTSrule 206.1–.7 Form 1. defendant’s petition to open default judgmentrule 206.1–.7 Form 2. Plaintiff’s answer to defendant’s petition to open
default judgment (answer to rule 206.1–.7 Form 1)
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rule 206.1–.7 Form 3. Petition to open and/or strike default judgmentrule 206.1–.7 Form 4. Petition to open default judgment under rule 237.3(b)rule 206.1–.7 Form 5. Plaintiff’s petition to open judgment of non prosrule 206.1–.7 Form 6. Plaintiff’s petition to open judgment of non pros
under Pa.r.C.P. No. 237.3(b)rule 207. [rescinded]rule 207.1. [omitted]rule 208. [rescinded]Rule 208.1. Motion. Definition. Scoperule 208.2. motion. Form. Contentrule 208.3. Alternative Proceduresrule 208.4. Initial Consideration of motion. Court orders. Issues
of disputed FactAUTHOR’S SUMMARY OF THE LAW REGARDING MOTION PRACTICEAUTHOR’S SUMMARY OF THE LAW: STATUTORY AND COMMON LAW ARBITRATIONrule 208.1–.4 Form 1. defendant’s petition to stay proceedings pending
arbitrationRule 208.1–.4 Form 2. Plaintiff’s petition to confirm arbitrator’s awardrule 208.1–.4 Form 3. Petition to vacate arbitration awardrule 208.1–.4 Form 4. Plaintiff’s motion to enforce settlement agreement
and to award counsel feesrule 208.1–.4 Form 5. defendant’s petition to enforce settlement
agreementrule 208.1–.4 Form 6. Plaintiff’s contempt petition for failure to answer
interrogatoriesrule 208.1–.4 Form 7. defendant’s petition for entry of judgment of non
pros for failure to proceed — common law non pros
AUTHOR’S SUMMARY OF THE LAW GOVERNING ENTRY OF JUDGMENTS OF NON PROSrule 208.1–.4 Form 8. Plaintiff’s petition for reconsideration of defendant’s
preliminary objections (petition to reconsider order entered because of party’s failure to appear)
rule 208.1–.4 Form 9. Plaintiff’s petition for reconsideration of summary judgment (petition to reconsider the merits of an order)
rule 208.1–.4 Form 10. defendant’s petition to direct prothonotary to satisfy docket
rule 208.1–.4 Form 11. defendant’s petition to stay proceedings pending bankruptcy
rule 208.1–.4 Form 12. motion for amendment of interlocutory orderRule 208.1–.4 Form 13. Application for a determination of finality pursuant
to Pa.r.A.P. No. 341(c)rule 209. [rescinded]rule 210. Form of Briefs [omitted]rule 211. oral Argumentsrule 211 Form 1. Plaintiff’s motion to waive oral argument
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rule 211 Form 2. defendant’s motion to schedule oral argumentrule 212.1. Civil Actions to be Tried by Jury. Notice of earliest
Trial date. Time for Completing discovery and Filing Pre-Trial Statement
rule 212.2. Civil Actions to be Tried by Jury. Pre-Trial State-ment. Content. Sanctions
rule 212.2 Form 1. Plaintiffs’ pre-trial statementrule 212.3. Pre-Trial Conferencerule 212.3 Form 1. defendant’s motion to designate case as complexrule 212.3 Form 2. motion to assign case to Commerce and Complex
Litigation Centerrule 212.3 Form 3. defendant’s motion to schedule pretrial conference
to obtain a case management order pursuant to rule 212.3(a)
rule 212.4. Applicability of rules. eminent domain [omitted]rule 212.5. Settlement Conferencerule 212.5 Form 1. Plaintiff’s motion to schedule settlement conference
pursuant to rule 212.5rule 212.6. Settlement Conference. Form of orderrule 213. Consolidation, Severance and Transfer of Actions
and Issues within a County. Actions for wrongful death and Survival Actions
rule 213 Form 1. motion to consolidaterule 213 Form 2. defendant’s motion to severrule 213 Form 3. defendant’s motion for bifurcated trialrule 213 Form 4. motion to sever and to stay bad faith claim until
resolution of UIm claimrule 213.1. Coordination of Actions in different Countiesrule 213.1 Form 1. motion to order coordination of action and to stay
proceedingsrule 214. Preferences on Trial Listsrule 214 Form 1. Plaintiff’s motion for preference on jury trial listrule 215. Assigning and Setting Aside Preferences on Trial
List [rescinded]rule 216. Grounds for Continuance [omitted]rule 216 Form 1. Plaintiff’s motion to continue trialrules 217–225. [omitted]rule 226. Points for Charge. motion for directed Verdictrule 226 Form 1. defendant’s points for chargerule 227. exceptions [omitted]rule 227.1. Post-Trial reliefrule 227.1 Form 1. defendants’ motion for post-trial reliefrule 227.1 Form 2. Plaintiff’s motion for post-trial reliefrule 227.1 Form 3. Plaintiff’s motion to amend motion for post-trial
reliefrule 227.2. Court en Bancrule 227.2 Form 1. Plaintiff’s motion for post-trial motion to be heard
by a court en banc
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rule 227.3. Transcript of Testimonyrule 227.3 Form 1. request for transcriptrule 227.4. entry of Judgment upon Praecipe of a Partyrule 227.4 Form 1. Plaintiff’s praecipe to enter judgment where no
timely post-trial motion is filedrule 227.4 Form 2. Plaintiff’s praecipe to enter judgment where post-
trial motion is not decided within 120 daysrule 228. [omitted]rule 229. discontinuancerule 229 Form 1. Plaintiff’s praecipe to discontinue proceedingsrule 229 Form 2. Consent to discontinuance as to less than all
defendantsrule 229 Form 3. Plaintiffs motion to discontinue as to less than all
defendantsrule 229 Form 4. defendant’s petition to strike off discontinuancerule 229.1. Settlement Funds. Failure to deliver. Sanctionsrule 229.1 Form 1. motion for sanctions pursuant to rule 229.1 for
failure to deliver settlement fundsrule 229.2. Petition to Transfer Structured Settlement Payment
rights [omitted]rule 230. Voluntary Nonsuit [omitted]rule 230.1. Compulsory Nonsuit at Trial [omitted]rule 230.2. Termination of Inactive Case [Suspended]rule 231. Second Action [omitted]rule 232. Counterclaim. Termination of Plaintiff’s Action
[omitted]rules 233 and 234. [rescinded]rule 233.1. Frivolous Litigation. Pro Se Plaintiff. motion to
dismissrule 233.1. Form 1 defendant’s motion to dismiss and to Bar Plaintiff
From Pursuing other Similar Claims Pursuant to rule 233.1
rules 234.1–234.9 and Author’s Summary of the Law: SubpoenasUniform Interstatedepositions anddiscovery Actrule 234.1. Subpoena to Attend and Testifyrule 234.2. Subpoena. Issuance. Service. Compliance. Fees.
Prisonersrule 234.3. Notice to Attend. Notice to Producerule 234.4. Subpoena. Notice to Attend. Notice to Produce.
relief From Compliance. motion to quashrule 234.4 Form 1. Petition to quash subpoenarule 234.4 Form 2. defendant’s motion to quash plaintiff’s notice to
produce documentsrule 234.5. Failure to Comply with Subpoena. Notice to Attend
or Notice to Producerule 234.6. Form of Subpoena
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rule 234.7. Form of Notice to Attendrule 234.8. Form of Notice to Producerule 234.9. Notice and Acknowledgment of receipt of Subpoena
by mailrule 235. Notice To Attorney General. Constitutionality of
Statute. Charitable Bequest or TrustRule 235 Form 1. Affidavit of compliance with notice requirementsrule 236. Notice by Prothonotary of entry of order or
Judgmentrule 237. Notice of Praecipe for Final Judgmentrule 237.1. Notice of Praecipe for entry of Judgment of Non
Pros for Failure to File Complaint or by default for Failure to Plead
rule 237.2. Agreement to extend Time to Plead Following Notice of Intention to enter Judgment. Judgment of Non Pros or by default.
rule 237.3. relief From Judgment of Non Pros or by defaultrule 237.4. Form of Notice of Praecipe to enter Judgment of
Non Prosrule 237.5. Form of Notice of Praecipe to enter Judgment by
defaultrule 237.6. Form of Agreement to extend Timerule 238. damages for delay in Actions for Bodily Injury,
death or Property damagerule 238 Form 1. Plaintiff’s motion to award delay damagesrule 238 Form 2. defendant’s answer opposing plaintiff’s motion to
award delay damagesrule 238 Form 3. Plaintiff’s reply to defendant’s answer opposing
plaintiff’s motion to award delay damagesrule 238 Form 4. Praecipe to add delay damagesrule 239. Local rulesrules 239.1–239.9 (omitted)AUTHOR’S SUMMARY OF THE LAW: RULES 239.1–239.9 — MANDATORY LOCAL RULES GOVERNING PRETRIAL PROCEEDINGSrule 240. In Forma Pauperis (omitted)rule 240 Form 1. Petition to proceed in forma pauperisRule 248. Modification of Timerules 249–250. [omitted]
SERVICE OF ORIGINAL PROCESS AND LEGAL PAPERS OTHER THAN ORIGINAL PROCESS
AUTHOR’S SUMMARY OF THE LAW: SERVICE OF ORIGINAL PROCESS — RULES 400–430
I. SerVICe oF orIGINAL ProCeSSService on competent AdultS
rule 400. Person to make Servicerule 400 Form 1. directions for service
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rule 400.1. Provisions for All Courts of the First Judicial district
rule 401. Time for Service. reissuance, reinstatement and Sub-stitution of original Process. Copies for Service
rule 401 Form 1. Plaintiff’s praecipe to reissue writ of summonsrule 401 Form 2. Plaintiff’s praecipe to reinstate complaintrule 402. manner of Service. Acceptance of Servicerule 403. Service by mailrule 404. Service outside the Commonwealthrule 405. return of Servicerule 405 Form 1. Sheriff’s returnRule 405 Form 2. Proof of service by certified mail on defendantRule 405 Form 3. Affidavit of service by mailRule 405 Form 4. Affidavit of service by hand deliveryRule 405 Form 5. Affidavit of service by mail pursuant to court order
Service in reAl property ActionS
rule 410. real Property Actionsrules 411–412. [rescinded]
Service upon pArtieS other thAn competent AdultS
rule 420. minorsrule 421. Incapacitated Personsrule 422. The Commonwealth and Political Subdivisionsrule 423. Partnerships and Unincorporated Associationsrule 424. Corporations and Similar entitiesrule 425. Additional defendants
Service purSuAnt to SpeciAl order of court
rule 430. Service Pursuant to Special order of Court. Publication
rule 430 Form 1. Plaintiff’s motion to serve defendant — good mailing address
rule 430 Form 2. request for change of address needed for service of legal process
rule 430 Form 3. Plaintiff’s motion to serve defendant — mail to rela-tive/employer
rule 430 Form 4. Plaintiff’s motion to serve defendant — use of private investigator
II. SerVICe oF LeGAL PAPerS oTHer THAN orIGINAL ProCeSS
rule 440. Service of Legal Papers other than original Process
Rule 440 Form 1. Affidavit of service of legal paper other than original process
rule 440 Form 2. Notice of presentation of motion
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Rule 440 Form 3. Certificate of service of legal papers other than origi-nal process
rule 441. Service on minors or Incapacitated Persons
CIVIL ACTIoN
Rule 1001. Definition. Scoperule 1002. Authority of Attorneyrule 1003. waiver of rules. extension of TimeRule 1003 Form 1. Plaintiff’s petition for extension of time to file
complaintRule 1003 Form 2. Defendant’s motion to extend the time to file a
responseRule 1003 Form 3. Plaintiff’s motion to shorten time to file answerrule 1006. Venue. Change of Venuerule 1006 Form 1. defendant’s petition for a change of venuerule 1007. Commencement of Actionrule 1007 Form 1. Praecipe for writ of summonsrule 1007.1. Jury Trial. demand. waiver.rule 1007.1 Form 1. demand for jury trial by endorsement on a pleadingrule 1007.1 Form 2. defendant’s demand for jury trialrule 1007.1 Form 3. defendant’s withdrawal of demand for jury trialrule 1007.1 Form 4. Plaintiff’s motion to strike demand for jury trialrule 1012. entry of Appearance. withdrawal of Appearance.
NoticeAUTHOR’S SUMMARY OF THE LAW: ENTRY OF APPEARANCE AND WITH-DRAWAL OF APPEARANCE. RULES 1012 AND 1012.1rule 1012 Form 1. Petition by plaintiff’s counsel to withdraw appear-
ance (dismissed by client)rule 1012 Form 2. Petition by defendant’s counsel to withdraw appear-
ance (no insurance coverage)rule 1012 Form 3. Petition by defendant’s counsel to withdraw appear-
ance (unpaid fees)rule 1012 Form 4. Petition by plaintiff’s counsel to withdraw appear-
ance (claim lacks substance)rule 1012 Form 5. Petition by plaintiff’s counsel to withdraw appear-
ance (whereabouts of client are unknown)rule 1012.1. Admission Pro Hac Vice. motion. Contentrule 1012.1 Form 1. motion for admission of an attorney not admitted to
the bar of the commonwealth of pennsylvaniarule 1017. Pleadings Allowedrule 1017 Form 1. Plaintiff’s complaint — civil actionrule 1017 Form 2. defendant’s preliminary objections to plaintiff’s
complaintrule 1017 Form 3. Plaintiff’s answer to defendant’s preliminary
objectionsrule 1017 Form 4. defendant’s answer to plaintiff’s complaint, new
matter, and counterclaim
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rule 1017 Form 5. Plaintiff’s reply to new matter and counterclaim in defendant’s answer
rule 1017 Form 6. defendant’s counter-reply to plaintiff’s reply to defendant’s counterclaim
rule 1018. Captionrule 1018 Form 1. Captionrule 1018 Form 2. Captionrule 1018.1. Notice to defend. FormRule 1019. Contents of Pleadings. General and Specific
AvermentsAUTHOR’S SUMMARY OF THE LAW: PLEADING REQUIREMENTS FOR COM-PLAINTS AND ANSWERS TO COMPLAINTSrule 1019 Form 1. Complaint for breach of installment lease agreementrule 1019 Form 1.1. defendant’s answer to plaintiff’s complaint for
breach of lease agreementrule 1019 Form 2. Complaint for failure to pay balance due under
monthly statementrule 1019 Form 3. Complaint for breach of sales contract against pur-
chaser and guarantorrule 1019 Form 4. Complaint for breach of sales contract; piercing cor-
porate veilrule 1019 Form 5. Complaint against credit card holderrule 1019 Form 6. Complaint under Pa. wage Payment and Collection
Lawrule 1019 Form 7. Complaint by employment agency for unpaid
commissionsrule 1019 Form 8. Complaint for breach of service contractrule 1019 Form 9. employee’s complaint for unpaid compensation/
wage Payment and Collection Lawrule 1019 Form 10. Complaint for commissions and accountingAUTHOR’S SUMMARY OF THE LAW — CLAIMS UNDER THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW — 73 P.S. § 201-1 et seq.rule 1019 Form 11. Complaint by purchaser of automobile for warranty
breach (magnuson moss Act and Pennsylvania Unfair Trade Practices Act)
rule 1019 Form 12. Complaint for rescission of contract, warranty breach, misrepresentation (Pennsylvania Unfair Trade Practices Act)
rule 1019 Form 13. Complaint for breach of real estate brokerage contract
rule 1019 Form 14. Complaint by purchaser of real estate for misrepre-senting condition of the property
Rule 1019 Form 15. Complaint by life insurance policy beneficiary — breach of contract and bad faith
rule 1019 Form 16. Complaint by homeowner against insurance company and insurance agency
rule 1019 Form 17. Complaint by automobile accident victim against insurance company raising first party benefits
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rule 1019 Form 17.1. Complaint against insurance company for underin-sured motorist benefits and bad faith damages
rule 1019 Form 18. Complaint for breach of contract by contractor against subcontractor and surety
rule 1019 Form 19. Complaint for breach of contract by supplier against contractor; claim under Contractor and Subcon-tractor Payment Act
rule 1019 Form 20. Complaint for breach of contract by subcontractor against contractor and owner
rule 1019 Form 20.1. Complaint by subcontractor against architectrule 1019 Form 20.2. Breach of contract and unjust enrichment claims by
contractor against homeownerrule 1019 Form 21. Complaint for personal injuries by driver against bus
companyrule 1019 Form 21.1. Answer to personal injury complaintRule 1019 Form 22. Specific averments of negligence against motor
vehicle operatorsRule 1019 Form 23. Specific averments of injuryrule 1019 Form 24. Complaint for personal injuries against driver and
owner by passenger, punitive damagesrule 1019 Form 25. Complaint for personal injuries from a work site
accident, loss of consortiumrule 1019 Form 26. Complaint for Federal employers’ Liability Act claimrule 1019 Form 27. Complaint for falldown claimrule 1019 Form 28. Complaint against manufacturer and dealerrule 1019 Form 29. Answer to products liability complaintrule 1019 Form 30. Indemnity complaint of dealer against manufacturerrule 1019 Form 31. Complaint for medical malpracticerule 1019 Form 31.1. Answer to medical malpractice complaintrule 1019 Form 32. Complaint for legal malpracticerule 1019 Form 33. Complaint for wrongful use of civil proceedingsrule 1019 Form 34. Plaintiffs’ complaint seeking injunctive reliefAUTHOR’S SUMMARY OF THE LAW — EQUITABLE RELIEFrule 1019 Form 34.1. Plaintiff’s motion for preliminary injunctionrule 1019 Form 34.2. Plaintiff’s motion for a preliminary injunction prior
to hearingrule 1020. Pleading more Than one Cause of Action. Alterna-
tive Pleading. Failure to Join. Barrule 1021. Claim for relief. determination of Amount in
Controversyrule 1021 Form 1. Liquidated damages claimrule 1021 Form 2. Unliquidated damages claimsrule 1021 Form 3. Claim for interestrule 1021 Form 4. Claim for counsel feesrule 1022. Paragraphingrule 1023. Signing [rescinded]rule 1023.1. Scope. Signing of documents. representations to the
Court. Violation
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rule 1023.2. motion for Sanctionsrule 1023.3. Sanctions upon rule to Show Causerule 1023.4. Sanctionsrule 1023.1–1023.4 Form 1. motion for sanctionsRule 1024. VerificationRule 1024 Form 1. VerificationRule 1024 Form 2. Verification by personal knowledgeRule 1024 Form 3. Verification by information and beliefRule 1024 Form 4. Verification by corporate partyRule 1024 Form 5. Verification by notaryRule 1024 Form 6. Verification by non-partyRule 1024 Form 7. Verification by counsel for plaintiffRule 1024 Form 8. Verification of inconsistent avermentsrule 1025. endorsementrule 1026. Time for Filing; Notice to Pleadrule 1026 Form 1. Notice to pleadrule 1027. [rescinded]rule 1028. Preliminary objectionsAUTHOR’S SUMMARY OF THE LAW REGARDING PRELIMINARY OBJECTIONSrule 1028 Form 1. original preliminary objections incorporated by
referencerule 1028 Form 2. Preliminary objections of another party incorporated
by referenceRule 1028 Form 3. Defendant’s petition for leave to file preliminary
objections nunc pro tuncrule 1028 Form 4. defendant’s preliminary objections raising lack of
jurisdiction over the personrule 1028 Form 5. Plaintiff’s answer to defendant’s preliminary objectionsrule 1028 Form 6. defendant’s reply to new matter in plaintiff’s answer
to defendant’s preliminary objectionsrule 1028 Form 7. defendant’s preliminary objection — raising
improper venuerule 1028 Form 8. defendant’s preliminary objection — negligence
allegations are too generalRule 1028 Form 9. Plaintiff’s preliminary objection — affirmative defense
improperly raised by preliminary objectionrule 1028 Form 10. Plaintiff’s preliminary objection — defendant’s
answer filed beyond 20-day periodrule 1028 Form 11. Plaintiff’s preliminary objection to defendant’s pre-
liminary objection based on a lack of specificityrule 1028 Form 12. defendant’s preliminary objection — plaintiff failed
to state whether agreement is oral or writtenrule 1028 Form 13. defendant’s preliminary objection — plaintiff’s com-
plaint failed to differentiate between defendantsrule 1028 Form 14. defendant’s preliminary objection — plaintiff’s
complaint failed to identify each salerule 1028 Form 14.1. Preliminary objections to credit card complaint
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rule 1028 Form 15. defendant’s preliminary objection — plaintiff’s complaint failed to describe agreement
rule 1028 Form 16. defendant’s preliminary objection — plaintiff’s fraud/misrepresentation claim fails to state a cause of action
rule 1028 Form 17. defendant’s preliminary objection — plaintiff’s complaint fails to state a cause of action for puni-tive damages
rule 1028 Form 18. defendant’s preliminary objection — individual defendant is not a party to the written agreement
rule 1028 Form 19. defendant’s preliminary objection — plaintiff’s complaint failed to join necessary party
rule 1028 Form 20. defendant’s preliminary objection — pendency of a prior action
rule 1028 Form 21. defendant’s preliminary objection — plaintiff is an unregistered foreign corporation
rule 1028 Form 22. defendant’s preliminary objection — lack of capac-ity to sue for noncompliance with the Fictitious Names Act
rule 1028 Form 23. Plaintiff’s answer to defendant’s preliminary objec-tion — raising estoppel as a defense
rule 1028 Form 24. defendant’s preliminary objection — agreement for alternative dispute resolution
rule 1028 Form 25. defendant’s preliminary objections — adequate remedy at law — complaint includes counts seeking monetary relief.
rule 1028 Form 26. defendant’s preliminary objection — failure to exer-cise or exhaust a statutory remedy
rule 1029. denials. effect of Failure to denyrule 1030. New matterrule 1030 Form 1. New matter — defense of accord and satisfactionrule 1030 Form 2. New matter — defense of accord and satisfaction —
full payment checkrule 1030 Form 3. New matter — defense of discharge in bankruptcyrule 1030 Form 4. New matter — defense of governmental immunityrule 1030 Form 5. New matter — defense of releaserule 1030 Form 6. New matter — defense of res judicatarule 1030 Form 7. New matter — defense of statute of limitationsrule 1030 Form 8. New matter — defenses of waiver and estoppelrule 1030 Form 9. New matter — defense of workers’ compensationrule 1030 Form 10. New matter — defense of workers’ compensation
immunity — statutory employerrule 1031. Counterclaimrule 1031.1. Cross-Claimrule 1031.1 Form 1. Cross-claim of defendant dealer against defendant
manufacturerrule 1031.1 Form 2. Cross-claim by physician against other physicians in
medical malpractice action
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rule 1031.1 Form 3. Cross-claim of additional defendants against defendants
rule 1031.1 Form 4. Amendment sought by defendant to raise cross-claim against new additional defendant
rule 1032. waiver of defenses. exceptions. Suggestion of Lack of Subject matter Jurisdiction or Failure to Join Indispensable Party
rule 1032 Form 1. defendant’s motion to dismiss for failure to join an indispensable party
rule 1033. Amendmentrule 1033 Form 1. General amendmentsrule 1033 Form 2. Amendment to add a new countrule 1033 Form 3. Amendment adding another defendantrule 1033 Form 4. Amendment to correct defendant’s namerule 1033 Form 5. Amendment of defendant’s designationrule 1033 Form 5.1. Amendment of plaintiff — Concealment doctrinerule 1033 Form 6. Amendment of count dismissed by preliminary
objectionRule 1033 Form 7. Amendment of answer to raise affirmative defenserule 1033 Form 8. Amendment of answer to raise discharge in
bankruptcyrule 1033 Form 9. Amendment of answer in response to motion for
judgment on the pleadingsrule 1033 Form 10. Amendment to conform pleadings to evidencerule 1033 Form 11. Amendment of answer to assert a cross-claimAUTHOR’S SUMMARY OF THE LAW: MOTIONS FOR JUDGMENT ON THE PLEADINGS (RULE 1034) AND MOTIONS FOR SUMMARY JUDGMENT (RULE 1035)rule 1034. motion for Judgment on the Pleadingsrule 1034 Form 1. Plaintiff’s motion for judgment on the pleadings —
complaint not properly deniedrule 1034 Form 2. Plaintiffs motion for partial judgment on the
pleadingsrule 1034 Form 3. Plaintiff’s motion for judgment on the pleadings —
striking an affirmative defenserule 1034 Form 4. defendant’s motion for judgment on the pleadings
— failure to state a claimrule 1034 Form 5. defendant’s motion for judgment on the pleadings
— governmental immunityRule 1035.1. Motion for Summary Judgment. Definitionrule 1035.2. motionrule 1035.3. response. Judgment for Failure to respondRule 1035.4. Affidavitsrule 1035.5. Procedure when Judgment Is denied or Is Not ren-
dered Upon the whole Caserule 1035.2–.5 Form 1. Plaintiffs motion for summary judgment based on
defendant’s admissions — collection case
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rule 1035.2–.5 Form 2. Plaintiff’s motion for partial summary judgment — collection case
rule 1035.2–.5 Form 3. defendant’s motion for summary judgment based on an affirmative defense
rule 1035.2–.5 Form 4. defendant’s motion for summary judgment based on affidavits and admissions
rule 1035.2–.5 Form 5. defendant’s motion for summary judgment based on a lack of evidence
Rule 1036. Dismissal Upon Affidavit of NoninvolvementRule 1036 Form 1. Motion for dismissal based on affidavit of
noninvolvementrule 1037. Judgment Upon default or Admission. Assessment
of damagesRule 1037 Form 1. Defendant’s praecipe for rule to file complaintrule 1037 Form 2. defendant’s praecipe for judgment of non prosrule 1037 Form 3. Plaintiff’s praecipe for default judgmentRule 1037 Form 4. Plaintiff’s affidavit of non-military servicerule 1037 Form 5. Plaintiffs praecipe to assess damagesrule 1037 Form 6. defendant’s praecipe requesting a trialrule 1037 Form 7. Plaintiff’s stipulation for judgment against
defendantsrule 1037 Form 8. Plaintiff’s motion for judgment upon admissionrule 1037 Form 9. defendant’s motion for judgment of non prosrule 1038–1041.2. [omitted]AUTHOR’S SUMMARY OF THE LAW: CERTIFICATES OF MERIT — RULES 1042.1–1042.9Rule 1042.1. Professional Liability Actions. Scope. Definitionrule 1042.2. ComplaintRule 1042.3. Certificate of MeritRule 1042.3(d) Form 1. Plaintiff’s motion to extend the time for filing a cer-
tificate of meritrule 1042.4. responsive Pleadingrule 1042.5. discoveryrule 1042.5 Form 1. defendant’s motion to bar discovery pursuant to rule
1042.5rule 1042.5 Form 2. Plaintiff’s motion to permit discovery pursuant to
rule 1042.5rule 1042.6. Notice of Intent to enter Judgment of Non Pros for
Failure to File Certificate of Merit. Motion to Determine Necessity to File Certificate. Form of Notice.
Rule 1042.6 Form 1. Plaintiff’s motion as to necessity for filing a certifi-cate of merit
rule 1042.7. entry of Judgment of Non Pros for Failure to File Certification. Form of Praecipe
rule 1042.7 Form 1. Plaintiff’s petition to open judgment of non pros entered for failure to file a certificate of merit
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Rule 1042.8. Motion to Strike. Defect of Certificate of Meritrule 1042.9. Sanctionsrule 1042.9 Form 1. defendant’s request to plaintiff to provide statement
from licensed professionalrule 1042.9 Form 2. defendant’s motion to impose sanctions pursuant to
rule 1042.9Rule 1042.10. Certificate of Merit. Form.rule 1042.11. Notice of Intent to enter Judgment of Non Pros
for Failure to File a written Statement from an Appropriate Licensed Professional. Form of Notice
rule 1042.12. entry of Judgment of Non Pros for Failure to File a written Statement from an Appropriate Licensed Professional. Form of Praecipe
rules 1042.16–1042.51. [omitted]AUTHOR’S SUMMARY OF THE LAW: PRE-TRIAL PROCEDURES IN MEDICAL PROFESSIONAL LIABILITY ACTIONS — RULES 1042.16–1042.51rule 1042.21 Form 1. motion for settlement conferencerule 1042.31 Form 1. motion for court order compelling production of
expert report pursuant to rule 1042.31rule 1042.41 Form 1. motion for scheduling order in a medical profes-
sional liability actionrule 1042.51 Form 1. motion for court order for pre-trial conference in
medical professional liability action
ACTIoN IN eJeCTmeNT
rules 1051–1058. [omitted]rule 1051 Form 1. Plaintiff’s complaint in ejectment
ACTIoN To qUIeT TITLe
rules 1061–1067. [omitted]rule 1061 Form 1. Plaintiff’s complaint in action to quiet titlerule 1066 Form 1. Plaintiff’s motion for judgment based on defendant’s
failure to answerRule 1066 Form 2. Plaintiff’s praecipe to enter final judgment
ACTIoN IN rePLeVIN
rules 1071–1087. [omitted]rule 1071 Form 1. Plaintiff’s complaint for action in replevin and
contractrule 1075.1 Form 1. Plaintiff’s motion to issue a writ of seizurerule 1075.2 Form 1. Plaintiff’s motion for ex parte issuance of a writ of
seizure
ACTIoN IN mANdAmUS
rules 1091–1099. [omitted]
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ACTIoN IN qUo wArrANTo
rules 1111–1114. [omitted]
ACTIoN oF morTGAGe ForeCLoSUre
rules 1141–1150. [omitted]rule 1147 Form 1. Plaintiff’s complaint for mortgage foreclosurerule 1147 Form 2. Plaintiff’s motion for leave to amend complaintrules 1161–1164. Actions Upon Ground rent [omitted]rules 1251–1279. Foreign Attachment [rescinded]rules 1285–1292. Fraudulent debtor’s Attachment [rescinded]
ComPULSory ArBITrATIoN
rule 1301. Scoperule 1301 Form 1. defendant’s motion to transfer action to arbitration
— jurisdictional monetary limitsrule 1301 Form 2. defendant’s motion to transfer action from arbitra-
tion to general trial list — jurisdictional monetary limits
rule 1301 Form 3. defendant’s motion to transfer action from arbitra-tion to general trial list — lack of subject matter jurisdiction
rule 1302. List of Arbitrators. Appointment to Board. oathrule 1302 Form 1. defendant’s petition to disqualify arbitratorrule 1303. Hearing. Noticerule 1303 Form 1. Plaintiff’s praecipe for arbitration hearingrule 1304. Conduct of Hearing. Generallyrule 1305. Conduct of Hearing. evidencerule 1305 Form 1. Plaintiff’s notice of intention to offer documents in
evidencerule 1306. Awardrule 1307. Award. docketing. Notice. Judgment. molding the
Awardrule 1307 Form 1. Praecipe for judgment on arbitration awardrule 1307 Form 2. defendant’s motion to strike arbitration awardrule 1307 Form 3. defendant’s motion to mold arbitration award pursu-
ant to Pa.r.C.P. No. 1307(d)rule 1308. Appeal. Arbitrators’ Compensation. Noticerule 1308 Form 1. Notice of appeal from arbitrators’ awardrule 1308 Form 2. Plaintiff’s demand for a jury trial on appeal from
arbitration awardrule 1308 Form 3. defendant’s motion to quash appeal from arbitration
awardrule 1309. Parties to Appealrule 1309 Form 1. Stipulation to limit the parties to an appeal from an
arbitration awardrule 1310. discontinuance
CONTENTS
xxiv
rule 1310 Form 1. Consent to discontinue appeal from arbitration award
rule 1310 Form 2. defendant’s motion to discontinue appeal from arbi-tration award
rule 1311. Procedure on Appeal. Generallyrule 1311.1. Procedure on Appeal. Admission of documentary
evidencerule 1311.1.(a) Form 1. motion to withdraw election to limit damagesrule 1312. Form of oath, Award and Notice of entry of Awardrule 1313. Form of Notice of Appeal
FORMS
rule 1351. Form of writ of Summonsrule 1361. Form of Notice to Plead
SPECIAL EQUITABLE RELIEF
rules 1501–1505 [rescinded]rule 1506. Stockholder’s derivative Actionrules 1507–1530 [rescinded]rule 1531. Special relief. Injunctionsrule 1532. Special relief. Perpetuation of Testimonyrule 1533. Special relief. receiversrule 1534. Accounting by Fiduciariesrule 1535. objections to Securityrule 1536. [rescinded]
PARTITION OF REAL PROPERTY
rules 1551–1574. [omitted]rule 1551 Form 1. Plaintiff’s complaint for partitionrule 1557 Form 1. Plaintiff’s motion for an order directing partition and
scheduling a preliminary conference
DECLARATORY RELIEF
rules 1601–1603. [omitted]rule 1601 Form 1. Action for declaratory judgment
ACTIONS UPON MECHANICS’ LIENS
rules 1651–1661. [omitted]
CLASS ACTIONS
rules 1701–1716. [omitted]rule 1701 Form 1. Class action complaint
PROSECUTION OF ACTIONS BY REAL PARTIES IN INTEREST
Rule 2001. Definitions
CONTENTS
xxv
rule 2002. Prosecution of Actions by real Parties in Interest. exceptions
rule 2003. defenses, Counterclaims and Setoffsrule 2004. Transfer of Interest in Pending Actionrule 2004 Form 1. Transferee’s petition to substitute transferee as
plaintiff
ACTIONS BY OR AGAINST MINORS
Rule 2026. Definitionsrule 2027. Guardian to represent minorrule 2028. Actions by and against minors. Averments in
Plaintiff’s Pleadingrule 2028 Form 1. minor plaintiff’s complaintrule 2028 Form 2. Plaintiff’s complaint against minorrule 2030. Setoffs and Counterclaimsrule 2031. Selection and Appointment of Guardiansrule 2031 Form 1. Petition to appoint guardian for minor defendantRule 2032. Affidavit as to AgeRule 2032 Form 1. Rule to file affidavit as to ageRule 2032 Form 2. Plaintiff’s motion to compel defendant to file an
affidavit as to ageRule 2032 Form 3. Affidavit as to agerule 2033. removal of Guardianrule 2033 Form 1. Petition for removal and substitution of guardianrule 2034. Procedure when minority of a Party is Ascertainedrule 2034 Form 1. Petition to appoint guardian and to vacate judgment
entered against minorrule 2035. Nonsuit. directed Verdict. Judgment Notwithstand-
ing the Verdict. New TrialRule 2036. Affidavits by Minorsrule 2037. minor Becoming of Age during Pendency of Actionrule 2037 Form 1. Plaintiff’s motion to amend recordrule 2038. Judgments and Costsrule 2039. Compromise, Settlement, discontinuance and
distributionrule 2039 Form 1. Petition to settle a minor’s claim and to approve
distributionrule 2039 Form 2. Petition to approve payment of judgment proceedsrule 2039 Form 3. Petition to allow disbursement from minor’s accountrule 2039 Form 4. Petition by guardian of minor plaintiff to discontinue
action
ACTIONS BY OR AGAINST INCAPACITATED PERSONS
Rule 2051. Definitionsrule 2052. [rescinded]rule 2053. Guardian to represent Incapacitated Person
CONTENTS
xxvi
rule 2054. Actions by and Against Incapacitated Persons. Aver-ments in Plaintiff’s pleadings
rule 2054 Form 1. Plaintiff’s complaint in action by an incapacitated person
rule 2054 Form 2. Petition for appointment of guardian and plaintiff’s complaint in action by an incapacitated person
rule 2056. Procedure when Incapacity of a Party is Ascertained
rule 2056 Form 1. defendant’s petition to vacate a default judgment rendered due to incapacity
rule 2057. Nonsuit. directed Verdict. Judgment Notwithstand-ing the Verdict. New Trial
rule 2058. Setoffs and Counterclaimsrule 2059. Form of Application for a Guardian Ad Litemrule 2059 Form 1. Petition for appointment of guardian ad litemrule 2060. removal of Guardian Ad Litem and Appointment of
Substituterule 2060 Form 1. Petition for removal and substitution of guardian ad
litemRule 2061. AffidavitsRule 2061 Form 1. Verification of guardianrule 2062. Incapacitated Person Judicially determined to Have
Capacity during Pendency of Actionrule 2062 Form 1. Plaintiff’s petition to remove guardian ad litemrule 2063. Judgment and Costsrule 2064. Compromise, Settlement, discontinuance and
distribution
THE COMMONWEALTH AND POLITICAL SUBDIVISIONS AS PARTIES
rules 2101–2104. [omitted]
ACTIONS BY OR AGAINST PARTNERSHIPS
rules 2126–2135. [omitted]rule 2127 Form 1. Complaint by partnership against individualrule 2128 Form 1. Complaint against partnershiprule 2134 Form 1. Plaintiff’s complaint against a partner not named in
a prior action
UNINCORPORATED ASSOCIATIONS AS PARTIES
rules 2151–2159. [omitted]
CORPORATIONS AND SIMILAR ENTITIES AS PARTIES
rules 2176–2182. [omitted]
ACTIONS FOR WRONGFUL DEATH
Rule 2201. Definitions
CONTENTS
xxvii
rule 2202. Parties entitled to Bring Action for wrongful deathrule 2203. Procedure to remove Plaintiffrule 2203 Form 1. Petition for removal and substitution of plaintiffrule 2204. Averments in Plaintiff’s Pleadingrule 2204 Form 1. Plaintiff’s complaint for survival and wrongful deathrule 2205. Notice to Persons entitled to damagesrule 2205 Form 1. Notice of institution of action to persons entitled to
damagesRule 2205 Form 2. Affidavit of servicerule 2206. Settlement, Compromise, discontinuance and
JudgmentRule 2206 Form 1. Plaintiff’s petition to designate beneficiaries of
wrongful death actionrule 2207. Actions Arising Under Foreign Law
JOINDER OF PARTIES
Rule 2226. Definitionsrule 2227. Compulsory Joinderrule 2228. Joinder of related Plaintiffsrule 2229. Permissive Joinderrule 2230. [rescinded]rule 2231. effect of Joinder. Practice in Generalrule 2232. defective Joinder. Change of Partiesrule 2232 Form 1. defendant’s petition for order directing notice of
pendency of actionrule 2232 Form 2. Notice of pendency of actionrule 2232 Form 3. motion to bar claims pursuant to rule 2232(a)
JOINDER OF ADDITIONAL DEFENDANTS
AUTHOR’S SUMMARY OF THE LAW: JOINDER OF ADDITIONAL DEFEN-DANTS — RULES 2251–2257Rule 2251. Definitionsrule 2252. right to Join Additional defendants.rule 2252 Form 1. Praecipe for writ to join additional defendantrule 2252 Form 2. distributor’s complaint to join manufacturer/sup-
plier as an additional defendant in product liability action
rule 2252 Form 3. Complaint of contractor to join subcontractor as additional defendant under indemnity agreement and negligence
rule 2252 Form 4. defendant’s complaint to join additional defendant based on agreement to indemnify
rule 2253. Time for Filing Praecipe or Complaintrule 2253 Form 1. defendant’s motion for leave to join an additional
defendant with plaintiff’s consentrule 2253 Form 2. defendant’s petition for leave to join an additional
defendant (Indemnity agreement)
CONTENTS
xxviii
rule 2253 Form 3. defendant’s petition to join additional defendant (Reasonable justification for the delay)
rule 2253 Form 4. Plaintiff’s answer to defendant’s petition to join an additional defendant
rule 2253(c) Form 1. Additional defendant’s preliminary objections to defendant’s complaint — prejudice
rule 2253(c) Form 2. Additional defendant’s preliminary objections to defendant’s complaint — no court order permit-ting late joinder
rule 2253(c) Form 3. Additional defendant’s preliminary objections to defendant’s complaint — joinder does not arise out of same transaction as plaintiff’s action
rule 2254. [rescinded]rule 2255. Procedurerule 2256. CounterclaimsRule 2257. Verdict, Specific Findings and Judgment
INTERPLEADER
Rule 2301. Definitionsrule 2302. Commencement of Proceedingsrule 2302 Form 1. Consent order for interpleader of fundsrule 2302 Form 2. defendant’s petition for interpleader (real estate
broker)rule 2302 Form 3. defendant’s petition for interpleader (Life insurance
company)rule 2303. Allegations required in Petition. Stay of
Proceedingsrule 2304. order of Courtrule 2305. Service on and Answer of Plaintiffrule 2306. Action of Court on Petitionrule 2307. order for Payment, delivery or Sale of Property.
effect of Compliance Therewithrule 2307 Form 1. defendant’s petition for discharge of liabilityrule 2308. Service of Process on Interpleaded Claimantsrule 2308 Form 1. defendant’s petition to extend time for service of
petition for interpleaderrule 2309. Claimant’s Statement of Claim. Service Thereofrule 2309 Form 1. Statement of claim of interpleaded claimantrule 2310. Answers by defendant, Plaintiff and other
ClaimantsRule 2311. Failure to Answer or Sufficiently Answerrule 2312. questions of Jurisdictionrule 2313. Pre-trial Conferencerule 2314. Judgment Barring Claimrule 2314 Form 1. defendant’s motion for judgment barring claim of
interpleaded partyrule 2315. order disposing of Property
CONTENTS
xxix
rule 2316. recovery of Property and executionrule 2317. Successful Party Not required to enter Into recog-
nizance or Undertakingrule 2318. exclusive method Civil Action Interpleader
Preservedrule 2319. Trial without Jury
INTERVENTION
Rule 2326. Definitionsrule 2327. who may Intervenerule 2328. Petition to Intervenerule 2328 Form 1. Petition to intervene as a plaintiffrule 2329. Action of Court on Petitionrule 2330. Practice
SUBSTITUTION OF SUCCESSOR
Rule 2351. Definitionsrule 2352. Substitution of Successorrule 2352 Form 1. Substitution of administrator of defendant’s estate as
defendantrule 2352 Form 2. Plaintiffs praecipe for rule to show cause why defen-
dant’s successor should not be substituted as the defendant
rule 2353. Service of rulerule 2354. Status of Successor. Continuancerule 2355. Notice of death of a Party. Substitution of Personal
representative
CONFESSION OF JUDGMENT FOR MONEY
rules 2950–2967. [omitted]rule 2952 Form 1. Plaintiff’s complaint for confession of judgmentrule 2952 Form 2. Confession of judgmentrule 2959 Form 1. defendant’s petition to open judgment by
confession
CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY
rules 2970–2974. [omitted]
STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT
rules 2981–2986. [omitted]
TRANSFER, REVIVAL, AND ENFORCEMENT OF JUDGMENTS
rules 3001–3259. [omitted]rules 3051. relief from Judgment of Non Pros
CONTENTS
xxx
DEFICIENCY JUDGMENTS
ProCeedINGS UNder SeCTIoN 8103(A) To FIX FAIr mArkeT VALUe oF reAL ProPerTy SoLd
rules 3281–3285. [omitted]
ProCeedINGS UNder SeCTIoN 8103(d) To mArk JUdGmeNT SATISFIed, reLeASed ANd dISCHArGed
rules 3287–3291. [omitted]
ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127(A)(3.1) OF THE JUDICIAL CODE
rules 3301–3313. [omitted]
DISCOVERY
AUTHOR’S SUMMARY OF THE LAW — DISCOVERYRule 4001. Scope. Definitionsrule 4002. Agreement regarding discovery or deposition
Procedurerule 4002.1. Filing discovery materialrule 4003. [rescinded]rule 4003.1. Scope of discovery Generally. opinions and
Contentions.rule 4003.2. Scope of discovery. Insurancerule 4003.3. Scope of discovery. Trial Preparation material
Generallyrule 4003.4. Scope of discovery. Trial Preparation material.
Statementsrule 4003.4 Form 1. defendant’s motion to compel immediate production
of statementrule 4003.5. discovery of expert Testimony. Trial Preparation
materialrule 4003.5 Form 1. defendant’s motion to compel plaintiff to produce
expert report pursuant to Pa.r.C.P. 4003.5(a)(1)Rule 4003.5 Form 2. Plaintiff’s motion to require filing of a supplemental
expert report pursuant to Pa.r.C.P. 4003.5(a)(2)rule 4003.5 Form 3. Plaintiff’s motion for discovery of expert testimony
pursuant to Pa.r.C.P. 4003.5(a)(3)rule 4003.5 Form 4. defendant’s motion to compel plaintiff to produce
communications from plaintiff’s counsel to plain-tiff’s expert
rule 4003.6. discovery of Treating Physicianrule 4003.7. Punitive damagesrule 4003.7 Form 1. motion to compel discovery in a claim for punitive
damages
CONTENTS
xxxi
rule 4003.8. Pre-Complaint discoveryrule 4003.8 Form 1. Plaintiff’s motion to compel pre-complaint discoveryrule 4003.8 Form 2. defendants’ motion for a protective order barring
pre-complaint discoveryrule 4004. Procedure on depositions by written Interrogatories
[omitted]rule 4005. written Interrogatories to a Partyrule 4006. Answers to written Interrogatories by a Partyrule 4006 Form 1. defendant’s motion to compel answers to written
interrogatoriesrule 4006 Form 2. Plaintiff’s motion to compel complete answers to
interrogatoriesrule 4006 Form 3. Plaintiff’s motion to compel answers to interrogato-
ries in aid of executionrule 4007. [rescinded]rule 4007.1. Procedure in deposition By oral examinationrule 4007.1 Form 1. Plaintiff’s motion to compel defendant to designate
persons to appear for depositionrule 4007.1 Form 2. defendant’s petition for issuance of subpoena to
compel witness to give testimony and produce documents at deposition
rule 4007.1 Form 3. Plaintiff’s motion for commission to take a deposi-tion outside of this Commonwealth
rule 4007.2. when Leave of Court requiredrule 4007.2 Form 1. Plaintiffs motion to take depositions prior to expira-
tion of thirty days after service of original processrule 4007.3. Sequence and Timing of discoveryrule 4007.4. Supplementing responsesrule 4008. oral examination. Limitationrule 4009. Author’s discussion of discovery of electronically
Stored Information [rescinded] See electronically Stored Information
rule 4009.1. Production of documents and Things. General Provisions
rule 4009.11. request Upon a Party for Production of documents and Things
rule 4009.12. Answer to request Upon a Party for Production of documents and Things
rule 4009.12 Form 1. motion to compel answer to request for production of documents and the production of documents
rule 4009.12 Form 2. motion to preserve evidencerule 4009.12 Form 3. defendant’s motion to compel production of
documentsrule 4009.12 Form 4. defendant’s motion to compel production of handgunrule 4009.12 Form 5. order of court governing protocol for non-destructive
testingrule 4009.12 Form 6. Plaintiff’s motion to compel production of electroni-
cally stored information
CONTENTS
xxxii
rule 4009.12 Form 7. defendant’s answer to plaintiff’s motion to compel production of electronically stored information
rule 4009.12 Form 8. defendant’s motion to compel productions of con-tents on plaintiff’s facebook
rule 4009.12 Form 9. Plaintiff’s answer to defendant’s motion to compel the production of the contents on plaintiff’s face-book account
rule 4009.21. Subpoena Upon a Person Not a Party for Production of documents and Things. Prior Notice. objections
rule 4009.21 Form 1. motion to overrule objections to the service of a subpoena
rule 4009.22. Service of SubpoenaRule 4009.23. Certificate of Compliance By a Person Not a Party.
Notice of documents or Things receivedrule 4009.24. Notice of Intent to Serve Subpoena. objection to
Subpoena. Formsrule 4009.24 Form 1. motion to compel compliance with subpoena to
produce documentsRule 4009.25. Certificate Prerequisite to Service of Subpoena.
Formrule 4009.26. Subpoena to Produce documents or Things. FormRule 4009.27. Certificate of Compliance. Formrule 4009.31. entry Upon Property for Inspection and other Activ-
ities. General Provisionsrule 4009.32. request for entry Upon Property of a Partyrule 4009.33. motion for entry Upon Property of a Person Not a
Partyrule 4010. Physical and mental examination of Personsrule 4010 Form 1. defendant’s petition to compel physical examination
of plaintiffrule 4010 Form 2. Petition to compel independent physical examinationrule 4010.1. evaluation of earning Capacityrule 4010.1 Form 1. defendant’s petition to compel evaluation of earning
capacityrule 4011. Limitation of Scope of discovery and depositionrule 4012. Protective ordersrule 4012 Form 1. defendant’s motion for protective order pursuant to
Pa.r.C.P. 4012 (travel expenses)rule 4012 Form 2. defendant’s motion for protective order pursuant to
Pa.R.C.P. 4012 (confidentiality order)rule 4012 Form 3. defendant’s motion for protective order pursuant to
Pa.r.C.P. No. 4012 (Alternative method of discovery)
Rule 4012 Form 4. Joint motion for protective order based on confiden-tiality agreement
rule 4013. Stay of Proceedingsrule 4013 Form 1. defendant’s motion to stay proceedings
CONTENTS
xxxiii
rule 4014. request for AdmissionRule 4014 Form 1. Plaintiff’s motion to determine sufficiency of defen-
dant’s answers and objections to plaintiff’s requests for admission
rule 4014 Form 2. Plaintiff’s motion for entry of court order that matters in plaintiffs requests for admission are admitted
rule 4014 Form 3. defendant’s motion for withdrawal of admissionsrule 4015. Persons Before whom depositions may Be Takenrule 4016. Taking of depositions. objectionsrule 4017. Transcript of Testimony. objections.rule 4017.1. Video depositionsrule 4018. Subpoenas [rescinded]AUTHOR’S SUMMARY OF THE LAW — RULE 4019 — SANCTIONS FOR NON-COMPLIANCE WITH DISCOVERYrule 4019. Sanctionsrule 4019 Form 1. defendant’s motion for sanctions for noncompliance
with order of courtrule 4019 Form 2. Plaintiff’s motion to compel defendant to attend
deposition and to impose sanctionsRule 4019 Form 3. Plaintiff’s motion for award of counsel fees for filing
motion for sanctions without substantial justification
