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PA Bulletin, Doc. No. 96-284




Pennsylvania Rule of Civil Procedure No. 227.4(h); Administrative Doc. No. 001 of 1996

[26 Pa.B. 865]


   And Now, this 8th day of February, 1996, it appearing that by Order dated July 28, 1995 the Supreme Court revised Pa.R.C.P. No. 227(h) which provides, inter alia, that the Prothonotary shall, upon Praecipe of a party, enter judgment upon the verdict of a jury or the decision of a Judge if timely post-trial motions are filed and the Court does not enter an Order disposing of all motions within one hundred and twenty (120) days after the filing of the first post-verdict motion, and it further appearing that the said rule became effective on January 1, 1996, a dispute having arisen as to whether the rule applies to post-verdict motions filed on or after January 1, 1996 or to Praecipes to Enter Judgment filed on or after January 1, 1996, It Is Hereby Ordered and Decreed that it is the reasoned decision of the within Court that Rule 227.4(h) applies to post-verdict motions filed on or after January 1, 1996.

   Accordingly, the Prothonotary shall not accept for filing Praecipes under Rule 227.4(h) if the post-verdict motions were filed before January 1, 1996.

   This Order is issued in accordance with Phila. Civ. R. No. *51 and Pa.R.C.P. No. 239 and shall become effective immediately. As required by Pa.R.C.P. No. 239, the original Order shall be filed with the Prothonotary in an Administrative Docket maintained for Orders issued by the President Judge of the Court of Common Pleas of Philadelphia County, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Civil Procedure Rules Committee. Copies of the Order shall also be submitted to Legal Communications, Ltd., The Legal Intelligencer, Jenkins Memorial Law Library, and the law library for the First Judicial District.

President Judge

[Pa.B. Doc. No. 96-284. Filed for public inspection March 1, 1996, 9:00 a.m.]

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