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PA Bulletin, Doc. No. 03-2019

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1000]

Proposed Amendment of Rule 1026 Governing the Time for Filing Pleadings; Proposed Recommendation No. 187

[33 Pa.B. 5174]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 1026 be amended by adding new subdivision (c) governing pleadings which are not timely filed. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than November 14, 2003 to:

   Harold K. Don, Jr.,
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
civilrules@pacourts.us

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure or be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1000.  ACTIONS AT LAW

Subchapter A.  CIVIL ACTION

PLEADINGS

Rule 1026.  Time for Filing. Notice to Plead.

   (a)  Except as provided by Rule [1042.5] 1042.4 or by subdivision (b) of this rule, every pleading subsequent to the complaint shall be filed within twenty days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to plead.

   Official Note:

*      *      *      *      *

Rule [1042.5] 1042.4 governs actions in which a professional liability claim is asserted.

*      *      *      *      *

   (c)  The court upon motion may strike a pleading which has not been filed within the time limitations set forth in this rule if

   (1)  the moving party has been prejudiced by the delay in filing the pleading, or

   (2)  the delay in filing the pleading constitutes a flagrant disregard of this rule.

Explanatory Comment

   Rule of Civil Procedure 1026 governing the time for filing pleadings currently does not include any provision addressing late pleadings. The recommendation proposes to add new subdivision (c) which sets forth two grounds for striking a pleading which has not been timely filed, i.e., prejudice to the objecting party and delay in filing the pleading which constitutes a ''flagrant disregard'' of Rule 1026.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 03-2019. Filed for public inspection October 17, 2003, 9:00 a.m.]


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