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RELATED DOCUMENTS:
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas


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 Complaint

 

 Pennsylvania Court of Common Pleas
 Philadelphia County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Pleading Rules & Requirements

Commencement/Filing of Action

If the plaintiff requests that the writ of summons be held and not put into the process for more...    see

If the plaintiff chooses to commence the action by filing and serving a writ of summons, he must more...

Civil Cover Sheet Required

At the commencement of any action, the party initiating the action must file a civil cover sheet with more...

Exception--District with Electronic Filing System

A judicial district which implements an electronic filing system is exempt from the civil cover sheet requirement provided more...

General Pleading Rules

Fact Pleading

Pennsylvania is a "fact pleading" state, and each party must set forth the facts supporting his position with more...

Pleadings Permitted

Permissible pleadings include:(1) a complaint and an answer thereto, NOTE: The term complaint includes a complaint to join an additional defendant. more...

Notice to Defend Required

The pleader must attach a notice to plead to any pleading, other than the complaint, for which a more...

Basis of Claim

A complaint must outline the specific material facts on which the plaintiff's claims are based. . more...

Specific Law Relied Upon to be Cited

For any right, claim, or defense that a party asserts to be founded on a specific statute, ordinance, more...

Pleading Damages

The plaintiff must specify the relief sought. Relief in the alternative or of several types, including an accounting, may be demanded. more...

Where a party seeks liquidated damages, the party must state in his pleading the precise amount sought and more...

Pre-Complaint Discovery

Material and Necessary to Complaint

A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of more...

Motion for Protective Order

Upon a motion for protective order or other objection to a plaintiff s precomplaint discovery, the court may require the more...

Joinder of Claims and Parties

Multiple Claims to be Stated in Separate Counts

A party may plead multiple causes of action against the same defendant, but the pleader must state each more...

Joinder of Defendants

A plaintiff may join as defendants in the same action any person against whom the plaintiff asserts a more...

Alternative claims that meet one of these requirements may be joined even if they are inconsistent with one more...

Except as provided by .1, any party may join as an additional defendant any person not a party more...

.

The joining party may file as of course a praecipe for a writ or a complaint. more...

.

The writ to join an additional defendant shall be directed to the additional defendant and shall be substantially more...

.

Time to Join Additional Defendant

Except as provided by Rule 1041.1(e), neither a praecipe for a writ to join an additional defendant nor more...

Any party may object to a motion to join an additional defendant after the period prescribed by subdivision more...

Procedure For Joinder

The procedure, including pleadings, between the party joining an additional defendant and the additional defendant shall be the more...

No judgment on the pleadings may be entered in favor of any party against an additional defendant for more...

The plaintiff shall recover from an additional defendant found liable to the plaintiff alone or jointly with the more...

Multiple Plaintiffs

Multiple plaintiffs may assert claims in the same action, but the plaintiffs must state each claim in a more...

Waiver of Claim by Failing to Assert

A party must assert all claims at law arising from the same transaction or occurrence in the same more...

Effect of Misjoinder or Nonjoinder

Joinder of unnecessary parties is not grounds for dismissal of an action. Misjoinder will result in the Pa. R.C.P. 2232(b) (subparagraph (b) rescinded eff 1/23/14). more...

At any stage of proceedings, the court may add as a party any person who could or should more...

Venue

Individuals

An individual may be sued in any county in the state in which he can be served, in more...

Corporations

In an action against a corporation, venue lies in the county: more...

.

In an action involving an insurance company, venue is proper in any county: more...

.

Actions Against Multiple Defendants

Actions involving joint or joint and several liability against multiple defendants may be brought in any county in more...

Forum Non Conveniens

Upon motion by any party, if venue is proper but the court finds that the current county is more...

Motion for Sanctions

If the court determines, on its own motion or on the motion of a party, that any party more...

 Special Requirements for Particular Causes of Action

Pleading Special Matters

Claim Based on Agreement

For any claim or defense based on an agreement, the pleading must indicate specifically whether that agreement is more...

Fraud and Mistake

Averments of fraud and mistake must state the circumstances surrounding the fraud or mistake with particularity. . more...

Malice, Intent, and Knowledge

Malice, intent, knowledge, and other conditions of mind may be averred generally. . more...

Official Documents or Acts

When pleading official documents or acts, it is sufficient to refer to the document's existence and to aver more...

Class Actions

Prerequisites to Class Action

One or more members of a class may sue or be sued as representative parties on behalf of more...

; ; ; ; . more...

When Class Action Maintainable

In order to satisfy requirements (4) and (5) above, the claimants must satisfy the court that, based on more...

Caption

In a class action complaint, the caption must designate the action as a "Class Action." . more...

Specific Declarations of Fact Required

A class action complaint must include a section entitled "Class Action Allegations," which must include declarations of fact supporting more...

Joinder of Other Claims

Additional claims for equitable, declaratory, and monetary relief arising from the same transaction or occurrence or series of transactions more...

 Form & Format of Papers

Note:Although the Philadelphia Civil Rules impose various formatting requirements as outlined below, those Rules also provide that the prothonotary more...

Caption

Every pleading must contain a caption that includes the name of the court, the number of the action, more...

The caption must appear below the attorney's address in the left-hand margin of the page, and the proper more...

Numbered Paragraphs/Separate Statements

The complaint must be divided into numbered paragraphs, with each paragraph limited to one material allegation as far more...

Paper Type

All papers and records filed with the prothonotary must be prepared on letter size (approximately 8.5" x 11") more...

Margins and Spacing

Margins must be no less than 3/4" at left and " inch at right. All papers must be double-spaced. more...

Civil Cover Sheet

A party must attach a civil cover sheet to any document filed that commences an action.Failure to submit the required civil cover sheet, or inclusion of false or misleading information therein, may result more...

Signature

The complaint must be signed by the plaintiff or by his attorney (if applicable). . more...

The signature constitutes a certification that: more...

 

Verification

Every pleading must be verified by a party with knowledge of the averments, who states that the averments more...

Incorporation by Reference

A pleading may incorporate by reference any other part of the complaint, another pleading in the action, any more...

Name and Contact Information of Party or Attorney

Every pleading must include the name, in-state address, and telephone number of the party (if ) or the party's attorney (if represented by counsel). more...

The first paper filed by any party in a case must include both an address within the Commonwealth more...

Additional Formatting Requirements

Philadelphia County Court of Common Pleas SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Additional Documents

Notice to Defend

The complaint must be accompanied by a notice to defend. Pa.R.C.P. 1018.1(a). For the form of the notice to defend, more...

Summons

An action is commenced by filing either a complaint or a praecipe for a writ of summons. more...

Civil Cover Sheet

A party must attach a civil cover sheet to any document filed that commences an action. . more...

An electronic version of the required Civil Cover Sheet for Philadelphia County can be found at: . more...

Agreement from Which Claim Arises

For any claim or defense based on an agreement, the pleading must indicate specifically whether that agreement is more...

Motion for Sanctions

A party may file a motion alleging that another party has violated the provisions of Pennsylvania Rules of more...

 Filing & Service

Filing

Electronic Filing

Commencing at 9:00 AM on January 5, 2009, parties shall electronically file all legal papers, as defined in .4(a)(2) more...

The Civil Electronic Filing User Manual is available from the court's website at: more...

.

Any legal paper that does not require a judge's signature before filing may be submitted, along with the more...

Filing Fees

A list of filing fees in Philadelphia County can be found at: . more...

Timing

A paper sent by mail is deemed filed when it is received by the appropriate officer. . more...

Service of Process

Original process must be served within thirty (30) days after the issuance of the writ or the filing more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas
Pennsylvania - Allegheny Common Pleas