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PA Bulletin, Doc. No. 14-1486

THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 1915 ]

Order Amending Rule 1915.5 of the Rules of Civil Procedure; No. 603 Civil Procedural Rules Doc.

[44 Pa.B. 4477]
[Saturday, July 19, 2014]

Order

Per Curiam

 And Now, this 7th day of July, 2014, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 43 Pa.Bull. 7544 (December 28, 2013):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1915.5 of the Pennsylvania Rules of Civil Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 30 days on August 6, 2014.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN

Rule 1915.5. Question of Jurisdiction [or], Venue or Standing. No Responsive Pleading by Defendant Required. Counterclaim. Discovery.

 (a) A party must raise any question of jurisdiction of the person or venue, and may raise any question of standing, by preliminary objection filed within twenty days of service of the pleading to which objection is made or at the time of hearing, whichever first occurs. No other pleading shall be required, but if one is filed it shall not delay the hearing.

 Official Note: The court may raise at any time a question of (1) jurisdiction over the subject matter of the action or (2) the exercise of its jurisdiction pursuant to § 5426 of the Uniform Child Custody Jurisdiction and Enforcement Act, relating to simultaneous proceedings in other courts, § 5427, relating to inconvenient forum, and § 5428, relating to jurisdiction declined by reason of conduct. The Uniform Child Custody Jurisdiction and Enforcement Act, 23 [Pa.C.S.A.] Pa.C.S. § 5407, provides that, upon request of a party, an action in which a question of the existence or exercise of jurisdiction is raised shall be given calendar priority and handled expeditiously.

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[Pa.B. Doc. No. 14-1486. Filed for public inspection July 18, 2014, 9:00 a.m.]


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