PA Bar Civil Procedure 2 — Questions and Answers
Question 1: In Pennsylvania, a complaint must be filed within the applicable statute of limitations, which for most personal injury claims is:
- 1 year
- 2 years (Correct answer)
- 4 years
- 6 years
Correct answer: 2 years
Under 42 Pa. C.S. § 5524, the statute of limitations for personal injury actions in Pennsylvania is two years from the date the cause of action accrues.
Question 2: Under Pennsylvania's 'discovery rule,' when does the statute of limitations begin to run for a latent injury?
- On the date of the negligent act
- When the plaintiff knew or reasonably should have known of the injury and its cause (Correct answer)
- On the date the plaintiff first consults an attorney
- When a physician first diagnoses the condition
Correct answer: When the plaintiff knew or reasonably should have known of the injury and its cause
Pennsylvania's discovery rule tolls the statute of limitations until the plaintiff knew or in the exercise of reasonable diligence should have known of the injury and its cause.
Question 3: Pennsylvania Rule of Civil Procedure 4019 permits which sanction for discovery abuse?
- Criminal contempt only
- Dismissal of the action or striking of pleadings, among others (Correct answer)
- A $500 flat fine
- Referral to the Disciplinary Board only
Correct answer: Dismissal of the action or striking of pleadings, among others
Rule 4019 authorizes courts to impose a wide range of sanctions for discovery violations, including striking pleadings, entering default judgment, or dismissing the action.
Question 4: Which Pennsylvania procedural mechanism allows a party to challenge the legal sufficiency of a complaint without raising factual defenses?
- Motion for summary judgment
- Preliminary objections in the nature of a demurrer (Correct answer)
- Motion in limine
- Petition for review
Correct answer: Preliminary objections in the nature of a demurrer
Preliminary objections in the nature of a demurrer under Pa. R.C.P. 1028 challenge whether the complaint states a legally sufficient claim accepting all well-pleaded facts as true.
Question 5: Under Pennsylvania's rules, a party seeking summary judgment must show:
- That there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
- That the opposing party's evidence is inadmissible
- That the case involves only questions of law
- That the opposing party failed to respond to interrogatories
Correct answer: That there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law
Under Pa. R.C.P. 1035.2, a court shall enter summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Question 6: In Pennsylvania, service of original process on an individual may be made by:
- Sending a text message confirmed read by the defendant
- Handing a copy to the defendant or an adult member of the household at the defendant's residence (Correct answer)
- Posting on the defendant's social media profile
- Publication in a trade journal
Correct answer: Handing a copy to the defendant or an adult member of the household at the defendant's residence
Pa. R.C.P. 402 authorizes service by handing a copy to the defendant or, at the defendant's residence, by handing it to an adult member of the household.
PA Bar Civil Procedure 2
In Pennsylvania, a complaint must be filed within the applicable statute of limitations, which for most personal injury claims is: