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PA Bulletin, Doc. No. 05-354

THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1000]

Amendment of Note to Rule 1042.3(a)(2) Governing the Certificate of Merit; No. 426 Civil Procedural Rules; Doc. No. 5

[35 Pa.B. 1416]

Order

Per Curiam:

   And Now, this 11th day of February, 2005, the Note to Pennsylvania Rule of Civil Procedure 1042.3(a)(2) is 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 TRESPASS

PROFESSIONAL LIABILITY ACTIONS

Rule 1042.3. Certificate of Merit.

   (a)  In any action based upon an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff, or the plaintiff if not represented, shall file with the complaint or within sixty days after the filing of the complaint, a certificate of merit signed by the attorney or party that either

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   (2)  the claim that the defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard, or

   Official Note:  [Certificates of merit must be filed as to the other licensed professionals whether or not they are named defendants in the action.] A certificate of merit, based on the statement of an appropriate licensed professional required by subdivision (a)(1), must be filed as to the other licensed professionals for whom the defendant is responsible. The statement is not required to identify the specific licensed professionals who deviated from an acceptable standard of care.

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[Pa.B. Doc. No. 05-354. Filed for public inspection February 25, 2005, 9:00 a.m.]


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