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PA Bulletin, Doc. No. 07-733

THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1920]

Order Amending Rule 1920.14; No. 474 Civil Procedural Rules; Doc. No. 5

[37 Pa.B. 1959]
[Saturday, April 28, 2007]

Order

Per Curiam:

   And Now, this 11th day of April, 2007, Rule 1920.14 of the Pennsylvania Rules of Civil Procedure is amended as follows.

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

   Mr. Justice Fitzgerald did not participate in the consideration or decision of this matter.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

Rule 1920.14. Answer. Denial. Affidavit under Section 3301(d) of the Divorce Code.

   (a)  The averments in the complaint as to the divorce or annulment [and], all other claims which may be joined under the Divorce Code and any petition for special relief under these rules shall be deemed denied unless admitted by an answer. Notwithstanding the foregoing, the court may require a response to a petition for special relief.

   (b)  The averments of the affidavit under Section 3301(d) of the Divorce Code shall be deemed admitted unless denied by counteraffidavit.

   Official Note: See Rule 1920.72(d) for the form of counteraffidavit.

Explanatory Comment--1994

   Subdivision (b) requires that the averments of the plaintiff's affidavit under Section 3301(d) of the Divorce Code be denied by counteraffidavit. If the defendant fails to file a counteraffidavit, all allegations are deemed admitted.

Explanatory Comment--2007

   Subdivision (a) has been amended to clarify that the averments in a petition for special relief in a divorce or annulment action are deemed to be denied unless admitted by an answer.

[Pa.B. Doc. No. 07-733. Filed for public inspection April 27, 2007, 9:00 a.m.]


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