Trial, Post-trial, and SOLs Flashcards
Can a voluntary non-suit be sought after the close of evidence?
No
What is a compulsory non-suit?
Upon the close of the plaintiff’s case, a defendant may bring an oral motion on any cause of action for which the plaintiff failed to establish a right to relief
Does Pennsylvania recognize JNOV?
No, it has been incorporated in the motion for post-trial relief
When must a party file a motion for post-trial relief following a verdict or non-suit?
Within 10 days
What is a necessary prerequisite to filing a motion for post-trial relief?
That the grounds were raised in pre-trial proceedings or at trial
When is a judgment final in PA?
When rendered; the pendency of appeal does not matter
What interlocutory appeals are appealable in PA?
Orders concerning:
- Refusals to open, vacate, or strike a judgment;
- Injunctions;
- New trials;
- Partitions; or
- Preemptory judgments in mandamus
What is Pennsylvania’s discovery rule for purposes of SOL?
SOL is temporarily suspended when the plaintiff is unaware that he has been injured by the wrongdoing of another.
Does not apply when the plaintiff is aware of the injury but not the wrongdoer
When does SOL start for a minor plaintiff?
It is stayed during minority, but at 18, starts to run.
In cases of child sex abuse, 37 years from 18th birthday.
What is the SOL for invasion of privacy and defamation?
1 year
What is the SOL for most torts?
2 years
What is the SOL for asbestos-related claims?
It does not run until the earlier of the date a doctor informed them or the date the person knew
What is the SOL for contracts?
4 years
What is the SOL for specific performance for real property?
5 years
What is the catch-all SOL?
6 years
