231 Pa. Code Ch. 1000 — ACTIONS … 1001

Rule 1041.1. Asbestos Litigation. Special Provisions. (a) In an action involving any allegation for injury or death arising from exposure to asbestos, the rules of civil procedure governing a civil action shall apply except as provided by this rule. Official Note This rule applie…

Rule 1041.2. Civil Action. Alternative Procedure. (a) In an action which involves multiple parties, the court, on motion of any party or on its own motion, may require the parties to follow the practice and procedure prescribed by Rule 1041.1(a) and (c) through (f). Official Note…

Rule 1042. [Rescinded]. Source The provisions of this Rule 1042 rescinded December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (85721).

Rule 1042.1. Professional Liability Actions. Scope. Definition. (a) The rules of this chapter govern a civil action in which a professional liability claim is asserted by or on behalf of a patient or client of the licensed professional against (1) a licensed professional, and/or …

Rule 1042.10. Certificate of Merit. Form. The certificate required by Rule 1042.3(a) shall be substantially in the following 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. (a) A defendant seeking to enter a judgment of non pros under Rule 1042.12 shall file a notice of intent to enter a judg…

Rule 1042.12. Entry of Judgment of Non Pros for Failure to File a Written Statement from an Appropriate Licensed Professional. Form of Praecipe. (a) The prothonotary, on praecipe of the defendant, shall enter a judgment of non pros against the plaintiff for failure to file a writ…

Rule 1042.16 Medical Professional Liability Actions. Legal Papers. Cap tion. In an action in which there is a claim for medical professional liability, the caption of all legal papers, or the cover sheet in a county that requires a cover sheet, shall contain the designation ‘‘Civ…

Rule 1042.2. Complaint. (a) A complaint shall identify each defendant against whom the plaintiff is asserting a professional liability claim. Official Note It is recommended that the complaint read as follows: ‘‘Defendant (name) is a licensed professional with offices in County, …

Rule 1042.21. Medical Professional Liability Actions. Motion for Settle ment Conference or Mediation. (a) Prior to the exchange of expert reports in a medical professional liability action, a health care provider may file a motion with the court requesting a settlement conference…

Rule 1042.26. Medical Professional Liability Actions. Expert Reports. (a) The rules of this chapter, Rules 1042.26 through 1042.38, govern a medical professional liability action in which a medical professional liability claim is asserted against a health care provider. Official …

Rule 1042.27. Requests for Production of Expert Reports. Responses. General Provisions. (a)(1) A party may request the production of expert reports as provided by Rules 1042.28(a), 1042.29(a) and 1042.30(a). (2) The request shall specify the party to whom it is directed and the p…

Rule 1042.28. Defendant’s Request to Plaintiff for Production of Expert Reports. Response. (a)(1) A defendant against whom a claim of professional negligence has been made may serve on a plaintiff making that claim a Defendant’s Request to Plaintiff for Production of Expert Repor…

Rule 1042.29. Plaintiff’s Request to Defendant or Additional Defendant for Production of Expert Reports. Response. (a)(1) Within the times set forth in subdivisions (a)(2) and (a)(3), a plaintiff who has furnished a defendant or additional defendant expert reports summarizing the…

Rule 1042.3. Certificate of Merit. (a) In any action based upon an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff, or the plaintiff if not represented, shall file with the complaint or within sixty days af…

Rule 1042.30. Defendant’s or Additional Defendant’s Request to Another Defendant or Additional Defendant for Production of Expert Reports. Response. (a)(1) A defendant or additional defendant who has furnished expert reports summarizing the expert testimony offered by that party …

Rule 1042.31. Failure to Produce Report. Sanctions. Summary Judg ment. (a) A party who has not received an expert report required to be produced under these rules may upon motion obtain a court order compelling the production of the report. In ruling on the motion, the court shal…

Rule 1042.32. Additional and Supplemental Reports. Until a deadline set by the court for the production of expert reports has passed or unless the court has precluded such production, a party may serve additional and supplemental expert reports without leave of court. These repor…

Rule 1042.36. Defendant’s Request to Plaintiff. Form. The Defendant’s Request to Plaintiff for Production of Expert Reports required by Rule 1042.28(a)(1) shall be substantially in the following form:

Rule 1042.37. Plaintiff’s Request to Defendant or Additional Defendant. The Plaintiff’s Request to Defendant or Additional Defendant for Production of Expert Reports required by Rule 1042.29(a)(1) shall be substantially in the following form:

Rule 1042.38. Defendant’s or Additional Defendant’s Request to Another Defendant or Additional Defendant. Form. The Defendant’s or Additional Defendant’s Request to Another Defendant or Additional Defendant for Production of Expert Reports required by Rule 1042.30(a)(1) shall be …

Rule 1042.4. Responsive Pleading. A defendant against whom a professional liability claim is asserted shall file a responsive pleading within the time required by Rule 1026 or within twenty days after service of the certificate of merit on that defendant, whichever is later. Sour…

Rule 1042.41. Medical Professional Liability Actions. Scheduling Order. (a) After one year from the date the first answer was filed in a medical professional liability action, any party to the action may file a motion requesting the court to issue a scheduling order. Upon present…

Rule 1042.5. Discovery Except for the production of documents and things or the entry upon property for inspection and other purposes, a plaintiff who has asserted a professional liability claim may not, without leave of court, seek any discovery with respect to that claim prior …

Rule 1042.51. Medical Professional Liability Actions. Motion for Pre- Trial Conference. Mediation. Report of Cases not Tried. (a)(1) Any party to a medical professional liability action may file a motion requesting the court to schedule a pre-trial conference. The motion may be f…

Rule 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. (a) Except as provided by subdivision (b), a defendant seeking to enter a judgment of non pros under Rule 1042.…

Rule 1042.7. Entry of Judgment of Non Pros for Failure to File Certification. Form of Praecipe. (a) The prothonotary, on praecipe of the defendant, shall enter a judgment of non pros against the plaintiff for failure to file a certificate of merit within the required time provide…

Rule 1042.71. Medical Professional Liability Actions. Damages. Findings. At the request of any party to a medical professional liability action, the trier of fact shall make a determination, with separate findings for each plaintiff, specifying the amount of all of the following:…

Rule 1042.72. [Rescinded]. Source The provisions of this Rule 1042.72 adopted September 17, 2004, effective December 1, 2004, 34 Pa.B. 5351; rescinded October 17, 2012, effective immediately, 42 Pa.B. 6872. Immediately preceding text appears at serial pages (335377) to (335378).…

Rule 1042.8. Motion to Strike. Defect of Certificate of Merit. If a court grants a motion to strike a claim for noncompliance with the requirements of Rule 1042.3(b), the court shall grant the plaintiff twenty days to file a certificate of merit which cures the defect. Source The…

Rule 1042.9. Sanctions. (a) If a plaintiff has filed a certificate of merit as to a particular defendant and that defendant is dismissed from the case through voluntary dismissal, verdict or order of court, the plaintiff, within thirty days of the written request of that defendan…

Rule 1043. [Rescinded]. Source The provisions of this Rule 1043 rescinded December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (22267).

Rule 1044. [Rescinded]. Source The provisions of this Rule 1044 rescinded December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (22268).

Rule 1045. [Rescinded]. Source The provisions of this Rule 1045 rescinded December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial pages (22268) and (40039).

Rule 1046. [Rescinded]. Source The provisions of this Rule 1046 rescinded December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (40039).

Rule 1047. [Rescinded]. Source The provisions of this Rule 1047 rescinded December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial pages (40039) to (40040).

Rule 1048. [Rescinded]. Source The provisions of this Rule 1048 rescinded December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (40040).

Rule 1051. Conformity to Civil Action. Except as otherwise provided in this chapter, the procedure in the action of ejectment shall be in accordance with the rules relating to a civil action. Source The provisions of this Rule 1051 adopted June 25, 1946, effective January 1, 1947…

Rule 1052. Venue. The action may be brought in and only in a county in which the land or part of the land is located. Source The provisions of this Rule 1052 adopted June 25, 1946, effective January 1, 1947.

Rule 1053. Service. [Rescinded] Official Note For service of original process, see Rule 410 governing service in actions involving real property. Source The provisions of this Rule 1053 reserved June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text a…

Rule 1054. Specific Averments. Abstract of Title. (a) The plaintiff shall describe the land in the complaint. (b) A party shall set forth in the complaint or answer an abstract of the title upon which the party relies at least from the common source of the adverse titles of the p…

Rule 1055. Pleading More Than One Cause of Action. The plaintiff may state in the complaint any cause of action for rents, profits or any other damages which arise from the defendant’s possession of the land. Comment The inability to join the action for delinquent rent has necess…

Rule 1056. Counterclaim. Conditional Verdict. (a) The defendant may plead a counterclaim which arises from the same transaction or occurrence or series of transactions or occurrences from which the cause of action arose. (b) A conditional verdict may be entered in an appropriate …

Rule 1057. Judgment. Execution. Judgment in the action shall be enforced as provided by Rules 3160 to 3165, inclusive. Official Note Adopted March 30, 1960, effective November 1, 1960.

Rule 1058. Trial Without Jury. The trial of actions in ejectment by a judge sitting without a jury shall be in accordance with Rule 1038. Official Note Added June 27, 1969, effective September 1, 1969. The Civil Procedural Rules Committee, by communication dated Aug. 27, 1969, an…

Rule 1061. Conformity to Civil Action. Scope. (a) Except as otherwise provided in this chapter, the procedure in the action to quiet title from the commencement to the entry of judgment shall be in accordance with the rules relating to a civil action. Official Note No right to tr…

Rule 1062. Venue. The action may be brought in and only in a county in which the land or a part of the land is located.