Civil Procedure Flashcards

Under the Pennsylvania Rules of Civil Procedure, how many days does a defendant generally have to file a response after being served with a complaint?

Answer: 30 days

Pennsylvania Rule of Civil Procedure 1026 requires a defendant to file a responsive pleading within 30 days after service of the complaint.

In Pennsylvania, which court is the court of original jurisdiction for most civil matters involving amounts exceeding $12,000?

Answer: Court of Common Pleas

The Court of Common Pleas is Pennsylvania's trial court of general jurisdiction and hears civil claims exceeding the jurisdictional threshold of the Magisterial District Courts.

Under Pa. R.C.P. 1042.3, a plaintiff asserting a professional liability claim must file what document within 60 days of filing the complaint?

Answer: A certificate of merit

Rule 1042.3 requires a certificate of merit signed by counsel or a licensed professional stating that a qualified expert has opined that the defendant deviated from the applicable standard of care.

Pennsylvania's 'compulsory counterclaim' rule requires a defendant to assert a counterclaim if it:

Answer: Arises out of the same transaction or occurrence as the plaintiff's claim

Under Pa. R.C.P. 1031, a counterclaim is compulsory if it arises out of the same transaction or occurrence as the opposing party's claim and does not require adding parties over whom the court lacks jurisdiction.

Which discovery device in Pennsylvania allows a party to obtain sworn testimony from a non-party witness before trial?

Answer: Deposition upon oral examination

A deposition upon oral examination under Pa. R.C.P. 4007.1 can be taken from any person, including non-parties, and produces sworn testimony that can be used at trial.

Under Pennsylvania law, what is the standard for granting a preliminary injunction?

Answer: Likelihood of success on the merits, immediate and irreparable harm, greater injury from refusal, and no adequate remedy at law

Pennsylvania courts apply a four-part test for preliminary injunctions: the moving party must show a likelihood of success on the merits, immediate and irreparable harm, that the injury from refusal outweighs the harm from granting relief, and that no adequate legal remedy exists.