Preliminary Matters, Jurisdiction, and Commencement Flashcards
How is a civil action commenced in Pennsylvania?
By either:
- Filing a complaint; or
- A praecipe for writ of summons
Who is the prothonotary?
The court clerk
What is the jurisdiction of the Commonwealth courts?
Original jurisdiction over civil actions brought by and against the government or an officer of the government
What is the jurisdiction of the common pleas courts?
General trial jurisdiction
What is the only county without a district court
Philadelphia
How many judicial districts are there in PA?
60
What is the jurisdiction of district courts?
Any civil action involving $12,000 or less
What does Philadelphia’s municipal court hear?
Any case involving $12,000 or less, in the following classes of actions:
- Assumpsit;
- Trespass; and
- Fines for penalties by any government agency
What does Pennsylvania’s long-arm statute provide?
In addition to being coextensive with Due Process, it specifies that a Pennsylvania court may obtain personal jurisdiction over an out-of-state resident that has:
- Transacted business within PA;
- Caused harm or tortious injury by an act in PA;
- Caused harm or tortious injury in PA by an act outside of PA;
- Contracted to supply something in PA;
- Violated PA law or court orders;
- Having real property in PA; or
- Acting as a personal representative of another under PA authority.
What is the general rule for venue?
Venue is:
- Where an individual can be served;
- Where the cause of action arose; or
- where the property is located for equitable action.
Where does a cause of action arise?
Where the final element of the cause is satisifed
Where is venue for corporations, unincorporated associations, and partnerships?
Where regular business is conducted
Where is venue proper for medical malpractice suits?
Only in the county where the cause of action arose, unless the cause of action arose outside of PA
Where is venue proper for divorce and annulments?
Only in the county where:
- The plaintiff or defendant resides; or
- Where the parties have agreed in writing
Where is venue proper for suits against a government entity?
In its county
Where is venue proper as to multiple defendants?
Wherever it would be proper as to ANY defendant
When can a state court order transfer of venue?
If either:
- A fair and impartial trial cannot be had in the original county; or
- The convenience of the witnesses and parties requires the change and the action could have originally been brought in that venue
Does Pennsylvania applies forum non conveniens?
Yes, if the forum would be too inconvenient and another venue is available
Who must serve process in PA?
The sheriff, but a non-party, non-employee, unrelated 18 y/o can serve actions in:
- Equity,
- Partition;
- declaratory judgments;
- Custody, visitation, divorce, annulment, or support;
- Protection from abuse; or
- to prevent waste
In Philly, any competent adult can serve
Who can properly receive service?
- The defendant;
- An adult family or person in charge at defendant’s residence;
- The clerk or manager of the defendant’s lodging;
- the defendant’s authorized agent; or
- An adult in charge of any office or usual place of business of the defendant
On whom can service be effected for a corporation?
An authorized agent or manager, clerk, or other person for the time being in charge
How can be service be effected for out-of-state defendants?
In addition to the other ways allowed in PA,
- by mail, provided there is a return receipt provided by the defendant or authorized agent; or
- by any method permitted by the foreign state
If an out-of-state defendant is in Pennsylvania on a temporary basis for a court proceeding, can they be served with process for another action?
No, under PA’s immunity rule.
What is the deadline for service?
Within either 30 days of filing the action, or 90 days if out of state
How many times can a complaint be reissued or served?
There is no limit, provided the plaintiff made a good faith effort to serve
Does a defendant’s waiver of service extend the time to respond to the complaint in PA?
No
After the sheriff serves a defendant, with whom must the sheriff file a return of service?
The prothonotary
If a party moves to dissolve an injunction, when must a hearing be held?
Within 5 days or a time designated by the parties, or it dissolves
What is PA’s standard for issuing an injunction?
- Irreparable harm;
- Greater injury would result from refusing one than granting one;
- Injunction would restore to status quo ante;
- Likelihood of success;
- Injunction is reasonably suited to abate the offending activity; and
- Public interest
When may a party move for judgment on the pleadings?
At any time unless the pleadings have closed, in which case within a reasonable time after the pleadings are closed so as to not unreasonably delay trial
