Pennsylvania Forms for the Rules of Civil Procedure

1 Pennsylvania Forms for the Rules of Civil Procedure SECOND EDITION with Author s Summaries and CommentsbyHon. R. Stanton Wettick, Professor of Law Pennsylvania Practice Course University of Pittsburgh School of LawCalendar Control Judge for Contested Civil MotionsCommon Pleas Court of Allegheny County, PennsylvaniaFormer Chair and Current Member Emeritus of the Supreme Court of Pennsylvania Civil Procedural Rules CommitteeixDETAILED TABLE OF CONTENTSRULES OF Civil Procedure GOVERNING ACTIONS AND PROCEEDINGS IN THE COURT OF COMMON PLEASRULES OF CONSTRUCTION Rules 51 153. [omitted]GENERAL PROVISIONS Rules 201 204. [omitted or rescinded]rule Pleadings and other Legal Papers. Formatrule 205. [rescinded]rule Filing Legal Papers. mailing. Personal Presentation by Attorney Not Necessary [omitted]rule Filing Legal Papers with the Prothonotary [omitted]rule Filing Pleadings and other Legal Papers with the Prothonotary.

2 Originals and Copies [omitted]Rule form 1. Defendant s notice to file original complaintrule electronic Filing and Service of Legal Papers [omitted]rule (e)(4)(ii) form 1. motion for court order that legal paper be accepted and filed nunc pro tuncrule Cover Sheetrule form 1. Court of Common Pleas Civil cover sheetrule 206. [rescinded]Rule Petition. Definition. Content. Formrule AnswerRule Verificationrule rule to Show Cause. Alternative procedures . exceptionrule rule to Show Cause. discretionary Issuance. Stay. form of orderrule rule to Show Cause. Issuance as of Course. Stay. form of order. rule Inapplicable to Petition to Strike default Judgmentrule 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 JUDGMENTS rule.

3 7 form 1. defendant s petition to open default judgmentrule .7 form 2. Plaintiff s answer to defendant s petition to open default judgment (answer to rule .7 form 1)CONTENTS xrule .7 form 3. Petition to open and/or strike default judgmentrule .7 form 4. Petition to open default judgment under rule (b)rule .7 form 5. Plaintiff s petition to open judgment of non prosrule .7 form 6. Plaintiff s petition to open judgment of non pros under No. (b)rule 207. [rescinded]rule [omitted]rule 208. [rescinded]Rule Motion. Definition. Scoperule motion. form . Contentrule Alternative Proceduresrule 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 ARBITRATION rule .4 form 1. defendant s petition to stay proceedings pending arbitrationRule.

4 4 form 2. Plaintiff s petition to confirm arbitrator s awardrule .4 form 3. Petition to vacate arbitration awardrule .4 form 4. Plaintiff s motion to enforce settlement agreement and to award counsel feesrule .4 form 5. defendant s petition to enforce settlement agreementrule .4 form 6. Plaintiff s contempt petition for failure to answer interrogatoriesrule .4 form 7. defendant s petition for entry of judgment of non pros for failure to proceed common law non prosAUTHOR S SUMMARY OF THE LAW GOVERNING ENTRY OF JUDGMENTS OF NON PROS rule .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 .4 form 9. Plaintiff s petition for reconsideration of summary judgment (petition to reconsider the merits of an order)rule.

5 4 form 10. defendant s petition to direct prothonotary to satisfy docketrule .4 form 11. defendant s petition to stay proceedings pending bankruptcyrule .4 form 12. motion for amendment of interlocutory orderRule .4 form 13. Application for a determination of finality pursuant to 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 argumentCONTENTS xirule 211 form 2. defendant s motion to schedule oral argumentrule Civil Actions to be Tried by Jury. Notice of earliest Trial date. Time for Completing discovery and Filing Pre-Trial Statementrule Civil Actions to be Tried by Jury. Pre-Trial State-ment. Content. Sanctionsrule form 1. Plaintiffs pre-trial statementrule Pre-Trial Conferencerule form 1. defendant s motion to designate case as complexrule form 2. motion to assign case to Commerce and Complex Litigation Centerrule form 3.

6 Defendant s motion to schedule pretrial conference to obtain a case management order pursuant to rule (a)rule Applicability of Rules . eminent domain [omitted]rule Settlement Conferencerule form 1. Plaintiff s motion to schedule settlement conference pursuant to rule Settlement Conference. form of orderrule 213. Consolidation, Severance and Transfer of Actions and Issues within a County. Actions for wrongful death and Survival Actionsrule 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 Coordination of Actions in different Countiesrule 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.

7 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 Post-Trial reliefrule form 1. defendants motion for post-trial reliefrule form 2. Plaintiff s motion for post-trial reliefrule form 3. Plaintiff s motion to amend motion for post-trial reliefrule Court en Bancrule form 1. Plaintiff s motion for post-trial motion to be heard by a court en bancCONTENTS xiirule Transcript of Testimonyrule form 1. request for transcriptrule entry of Judgment upon Praecipe of a Partyrule form 1. Plaintiff s praecipe to enter judgment where no timely post-trial motion is filedrule form 2. Plaintiff s praecipe to enter judgment where post-trial motion is not decided within 120 daysrule 228.

8 [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 Settlement Funds. Failure to deliver. Sanctionsrule form 1. motion for sanctions pursuant to rule for failure to deliver settlement fundsrule Petition to Transfer Structured Settlement Payment rights [omitted]rule 230. Voluntary Nonsuit [omitted]rule Compulsory Nonsuit at Trial [omitted]rule 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 Frivolous Litigation. Pro Se Plaintiff. motion to dismissrule form 1 defendant s motion to dismiss and to Bar Plaintiff From Pursuing other Similar Claims Pursuant to rule and Author s Summary of the Law: SubpoenasUniform Interstatedepositions anddiscovery Actrule Subpoena to Attend and Testifyrule Subpoena.

9 Issuance. Service. Compliance. Fees. Prisonersrule Notice to Attend. Notice to Producerule Subpoena. Notice to Attend. Notice to Produce. relief From Compliance. motion to quashrule form 1. Petition to quash subpoenarule form 2. defendant s motion to quash plaintiff s notice to produce documentsrule Failure to Comply with Subpoena. Notice to Attend or Notice to Producerule form of SubpoenaCONTENTS xiiirule form of Notice to Attendrule form of Notice to Producerule 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 Notice of Praecipe for entry of Judgment of Non Pros for Failure to File Complaint or by default for Failure to Pleadrule Agreement to extend Time to Plead Following Notice of Intention to enter Judgment.

10 Judgment of Non Pros or by relief From Judgment of Non Pros or by defaultrule form of Notice of Praecipe to enter Judgment of Non Prosrule form of Notice of Praecipe to enter Judgment by defaultrule 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 (omitted)AUTHOR S SUMMARY OF THE LAW: Rules MANDATORY LOCAL Rules GOVERNING PRETRIAL PROCEEDINGS rule 240. In Forma Pauperis (omitted)rule 240 form 1. Petition to proceed in forma pauperisRule 248. Modification of Timerules 249 250.