THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1000]

Amendment of Rules 1042.3(b) and 1042.8 Governing the Certificate of Merit; No. 445 Civil Procedural Rules; Doc. No. 5

[35 Pa.B. 6894]

Order

Per Curiam:

   And Now, this 5th day of December, 2005, Pennsylvania Rules of Civil Procedure 1042.3(b)(2) and 1042.8 are amended to read as follows.

   Whereas prior distribution and publication of this amendment would otherwise be required, it has been determined that immediate promulgation of the amendment is required in the interests of justice and efficient administration.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1000. ACTIONS

Subchapter B.  ACTION IN TRESSPASS

PROFESSIONAL LIABILITY ACTIONS

Rule 1042.3. Certificate of Merit.

*      *      *      *      *

   (b)(1)  A separate certificate of merit shall be filed as to each licensed professional against whom a claim is asserted.

   (2)  If a complaint raises claims under both subdivisions (a)(1) and (a)(2) against the same defendant, the attorney for the plaintiff, or the plaintiff if not represented, shall file

   (i)  a separate certificate of merit as to each claim raised, or

   (ii)  a single certificate of merit stating that claims are raised under both subdivisions (a)(1) and (a)(2).

*      *      *      *      *

Rule 1042.8. Certificate of Merit. Form.

   The certificate required by Rule 1042.3(a) shall be substantially in the following form:

(Caption)

Certificate of Merit as to ______
(Name of Defendant)   

I, ______ , certify that:
   (Attorney or Party)

   [  ] an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm;
AND/OR

*      *      *      *      *

Explanatory Comment

   Rules 1042.3(b) and 1042.8 which govern certificates of merit required in professional liability actions have been amended to clarify their application in cases in which multiple claims are asserted against the same defendant.

   New subdivision (b)(2) has been added to Rule 1042.3 advising the plaintiff who files a complaint raising claims against the same defendant under both subdivisions (a)(1) and (a)(2) that either (i) a separate certificate of merit must be filed as to each claim raised, or (ii) a single certificate of merit must be filed indicating stating that claims are raised under both subdivisions (a)(1) and (a)(2). The form of the certificate of merit set forth in Rule 1042.8 also has been amended by inserting the words ''AND/OR'' between paragraphs (1) and (2) which correspond to subdivisions (a)(1) and (a)(2) of Rule 1042.3.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 05-2363. Filed for public inspection December 23, 2005, 9:00 a.m.]

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