Civil Procedure Flashcards

In Pennsylvania, a complaint must be filed within the applicable statute of limitations, which for most personal injury claims is:

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.

Under Pennsylvania's 'discovery rule,' when does the statute of limitations begin to run for a latent injury?

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.

Pennsylvania Rule of Civil Procedure 4019 permits which sanction for discovery abuse?

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.

Which Pennsylvania procedural mechanism allows a party to challenge the legal sufficiency of a complaint without raising factual defenses?

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.

Under Pennsylvania's rules, a party seeking summary judgment must show:

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.

In Pennsylvania, service of original process on an individual may be made by:

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.