PACivPro Flashcards
(47 cards)
1
Q
PA Long Arm Statute
A
Creates specific j over non-residents to fullest extent allowed under Con’n + may be based on the most minimum contacts w/ PA consistent w/ constitutional DP
2
Q
PA Venue
A
- where D resides/principal place of biz, regularly conducts ann’n activity
- where cause of action arose/prop located
If improper, case transferred, not dismissed
3
Q
PA Special Venue Rules
A
- Med Mal: county where cause of action arose (directly related to medical care, not ancillary)
- Divorce/annulment: county P or D resides unless agreed in writing
- Political entity: county where entity located
- Multiple Ds: venue where would be proper as to any D
4
Q
PA Service Good Faith Effort Rule
A
- If D not properly served w/in time frame, ct may reinstate complaint if P has made good faith effort; no limit to # of times
- GF will also toll SOL if D served w/in time frame for service
5
Q
PA Standard for Prelim Injunction
A
- LIE PI (remember no irreparable harm if can be comp’ed by money later)
- P must post bond; hearing w/in 5 days
6
Q
PA Pleadings: Signing + Verification
A
- Party must sign/verify pleading stating upon signer’s personal knowledge or information + belief averments of fact not in record are true
- if averring inconsistent facts, must state unable after rsnble investigation to ascertain which is true, but knowledge or info sufficient to form belief that one is true
7
Q
PA Equivalent of Fed. R. 11 Sanctions
A
Differences: party against whom made has 28 days (not 21) to respond; and sanctions may include striking of docs in whole or part
8
Q
PA: Fact Pleading (NOT Notice Pleading)
A
- Must include all material facts that make up cause of action or defense
- Fraud/mistake + condition precedent not met w/ particularity
- Must state relief sought, but no specific sum unless liquidated damages
9
Q
Certificate of Merit in Professional Liability Actions
A
- 60 days of complaint: statement from professional in field stating that D fell below acceptable standard of care + failure contributed to P’s harm
- D has 20 days to respond; P cn take depos/interrogs prior to filing, but can seek docs
- if no COM after 31 days of complaint, D files notice of intention to file praecipe seeking entry of judgment of non-pros; P has 30 days to file COM or file motion seeking determination not necessary
10
Q
Special Considerations in Med Malpractice Cases
A
- PA considers operating w/out informed consent a battery (much easier to prove than negligence)
- Must be brought in county where malpractice took place
- COM must be filed w/in 60 days
11
Q
Pre-Answer Motion: Preliminary Objections to Initial Complaint; must all be brought at once, w/in 20 days of service; P has 20 days to cure
[*] = not waived
A
- lack of PJ or [SMJ*]; 2. improper venue; 3. insufficient service; 4. lack of legal capacity; 5. failure to state facts w/ sufficient specificity; 6. [pleading fails to state cause of action*]; 7. fails to conform to rules of court or includes “scandalous or impertinent matter”; 8. [defect in joinder*] 9. failure to exercise remedy at law; 10. failure to abide by arbitration agmt; 11. existence of another pending action
12
Q
Requirements of Answer (to complaint or counterclaim)
A
- Must admit or deny each fact specifically, or deemed admitted (can say after rsnble investigation, lacks sufficient knowledge to respond)
- In action for bodily injury, death, or property damage, may deny allegations generally except those relating to ID of a relevant person, agency or employment of such person, or ownership or control of relevant property
13
Q
Affirmative Defenses
A
- Separate section of answer labeled “New Matter”
- Assumption of risk/comp neg need not be pleaded, but any others waived
- New matters must be endorsed w/ Notice to Plead or no response req’d
14
Q
Counterclaims/Cross-Claim
A
- May be included in answer under separate heading
- No compulsory counter-c in PA, but collateral estoppel will apply
- Response = counter-reply
15
Q
PA Amendments to Pleadings
A
- as of right w/in 20 days of prelim objection
- liberally granted unless undue prejudice
- after SOL: can amplify a stated cause of action, but no new theory of liability
- cn add new party after SOL, but will be allowed to correct name
16
Q
Compulsory Joinder
A
- Person w/ joint interest in subject matter of litigation; if refuses, can be made “involuntary P” (or D)
- Related Ps (husband/wife, minor/parents) in personal injury action where both parties have claims
17
Q
Permissive Joinder
A
same T or O + common issue of law or fact
18
Q
Joinder of Add’l Ds (PA version of Impleader)
A
- D may implead any party who may be solely liable to P or liable to or with joining party
- May use complaint or praecipe for writ of summons, but if by writ, must file complaint w/in 20 days
19
Q
Petition to Intervene (attach proposed pleadings or adopt other pleadings by reference)
A
- judgment will impose liability upon movant or affect in adverse manner; or 2. movant could have joined or been joined
May be denied if will cause undue delay or prejudice to existing parties, when interest of movant adequately represented, or when claim/defense not directly related to action
20
Q
PA Class Action Prerequisites
A
- CANT + fair + efficient method for adjudication (cost/benefit analysis)
- Once certified, cn be settled or discontinued w/out approval of ct after hearing
21
Q
Scope of Disco [No automatic disclosures in PA]
A
Will not be permitted if: 1. privileged 2. sought in bad faith 3. embarrassing, oppressive, burdensome, expensive, or an unreasonable annoyance, 4. atty WP or opinion 5. requires unreasonable investigation
22
Q
Atty Work Product Exception under PA
A
Unlike Fed R, work of non-atty legal reps (like investigators) only immune when it contains impressions, conclusions, or opinions relating to merits of claim or legal strategies or tactics
23
Q
Expert Witness Disco [only for those expected to testify at trial + medical experts where party’s mental/physical condition at issue]
A
- Party may use interrogatories to learn ID, subject matter of testimony, substance of facts + opinions about which will testify + summary of grounds for each; in lieu of answering interrog, party may file expert report
- Depo of expert may be ordered upon showing of good cause
24
Q
PA Disco of Insurance Info
A
Altho not admissible at trial, P may use disco to obtain info on D’s insurance policy to determine if solvent
25
Use of Medical Witness Depo at Trial
Allowed whether dr. available or not, even if dr. treating physician and not expert W
26
PA Motion for Judgment on Pleadings (Summary Judgment)
- no genuine issue of material fact + movant entitled to judgment as matter of law
- may not consider inadmissible evidence
- "Nanty-Glo" Rule: oral testimony alone of moving party/his Ws, even if uncontradicted, generally insufficient to establish absence of material fact b/c cred of Ws in an issue of fact for jury
27
Failure to Prosecute--Judgment of Non Pros
1. P's lack of diligence in proceeding w/ case, causing unreasonable delay; 2. delay has caused D actual prejudice; and 3. no compelling reason for delay
28
PA Discontinuance (Voluntary Dismissal)
- Can be filed w/out leave of court unless against only one of multiple opposing parties or where P minor/incompetent or class action
- Results in dismissal w/out prejudice so can be refiled at later time; P should use if thinks injuries will get worse than originally thought since only 1 bite at apple
29
PA Mandatory Pre-Trial Statements
- Req'd in all civil jury trials
- P 60 days before trial; D 30
- Sttmt of case, types + amts of damages claimed, list of ID + location of Ws to be called, exhibit list, copies of expert reports, responses to expert interrogatories, and stips
30
PA Jury Trials
- demand not later than 20 days after service of last pleading
- verdict in civil case only requires 10
- 4 peremptories in civil cases
31
Compulsory Non-Suit
- After P rests, D may move for compulsory non-suit on any cause of action for which P failed to establish right to relief; if denied, D can still move for DV later
- Ct cannot enter in multi-party suit until all Ps have closed cases in chief against all Ds, but can then enter in favor of any or all Ds so long as remaining Ds stipulate no evidence will be presented that would establish liability of moving D
32
Motion for Post-Trial Relief [no JNOV in Pa]
- Upon written application filed 10 days after verdict or non-suit, ct may: 1. order new trial on any or all issues 2. direct entry of judgment in favor of a party 3. remove a non-suit 4. affirm, modify, or change a decision, or 5. enter any other appropriate order
- Grounds must have been raised pretrial or at trial
33
PA SOLs (tolled until minor 18 + discovery rule applies)
- 1 yr invasion of privacy + defamation
- 2 yrs other torts
- 4 yrs K
- 5 yrs specific performance real property
- 21 yrs possession of real property
34
PA Civ Pro: Business Domicile
1. incorporated in PA
2. carries on continuous or systematic biz in PA
3. consent
35
PA Change of Venue w/in PA (3 Ways)
- improper venue by prelim objection
- petition for FNC based on showing that forum "oppressive or vexatious" to D
- showing of an inability to hold fair + impartial trial; certified to PASC to select new forum
36
PA FNC outside of PA
Statute provides for dismissal or stay for FNC upon finding that would be in interest of "substantial justice" for matter to be heard outside of PA; looks to public + private factors, including congestion of cts
37
Commencing action in PA -- Must file with prothonotary:
1. praecipe for writ of summons, or 2. complaint
- if by summons, D can file praecipe for prothonotary to issue rule upon P to file complaint; gives P 20 days or proth enters judgment of non-pros
- complaint must begin w/ Notice to Defend explaining cons of failure to take action
38
In PA, service of process must be made by...
1. sheriff of county in which action commenced; if service in another county, deputizes sheriff of that county 2. actions in equity, partition + DR any non-party over 18 (also rule in Philly)
39
PA Pleadings Based on Agreements
- if claim or defense is based on agmt, pleader must state whether oral or written
- if based on a writing, must attach copy or explain why copy unavailable + set forth substance thereof
40
PA: Default Judgment
- If D dn respond by answer/prelim objection w/in 20 days, P must serve notice of intent to take default judgment, which gives add'l 10 days
- after 10 days, can file praecipe w/ prothonotary for DJ; must include cert of service of notice of intent + copy thereof
- if damages = sum certain or can be easily calculated, judgment in that amt; otherwise, damages assessed at trial devoted to issue
41
PA: Attacking Default Judgment
- motion to strike judgment where defect clearly appears on record
- petition to open judgment: D must show (i) promptly filed petition to open; (ii) D has meritorious defense to allegations in complaint; + (iii) D has reasonable excuse for failing to file responsive pleading (if filed w/in 10 days, opened as long as meritorious defense)
42
PA Procedure for Bringing Class Action
- Move for certification w/in 30 days after pleadings closed
- by complaint only (not writ of summons)
- must include section entitled "Class Action Allegations"
- response to CA Allegations cn be in Preliminary Objection; must be in Answer + New Matter
43
PA Dicso--Interrogs + Depos
- no auto limit, but ct can limit as justice requires
- interrog may be served w/ complaint or anytime after
- no depos before 30 days unless D has sought disco or other exigent circs exist
44
PA Pre-Complaint Disco
- Allowed where info sought is material + necessary to filing complaint + not unreasonable burden
- if D moves for protective order, P must show how will "materially advance" prep of complaint
- weigh importance v. burden
45
PA Disco of Wealth
Allowed in actions for punitive damages
46
PA Disco of Statements
Statements made by parties or non-party Ws relating to action must be disclosed upon written request
47
PA Disco of Electronically Stored Info
Scope determined by "traditional principles of proportionality," considering scope of litigation, relevance of ESI, burden of production....
