THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1000 ]

Promulgation of Rule 1036.1; Governing Reinstatement of Claim Dismissed Upon Affidavit of Noninvolvement; No. 507; Civil Procedural Rules; Doc. No. 5

[39 Pa.B. 676]
[Saturday, February 7, 2009]

Order

Per Curiam:

   And Now, this 22nd day of January, 2009, Pennsylvania Rule of Civil Procedure 1036.1 is promulgated to read as follows.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective March 1, 2009.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1000. ACTIONS

Rule 1036.1. Reinstatement of Claim Dismissed Upon Affidavit of Noninvolvement.

   (a)  As used in this rule, ''action'' shall have the meaning as provided in Rule 1036(a).

   (b)  If a party has been dismissed from an action upon an affidavit of noninvolvement pursuant to Rule 1036, any other party may file a motion to reinstate the dismissed party setting forth facts showing that statements made in the affidavit of noninvolvement were false or inaccurate.

   (c)  Any party may file a response.

   (d)  Upon reviewing the motion and any response thereto and determining the existence of a prima facie case of involvement of the dismissed party, the court shall enter an order

   (1)  allowing any party

   (i)  to conduct limited discovery directed solely to the issue of the involvement of the party which was dismissed.

   (ii)  prior to the disposition of the motion, to file affidavits, depositions and such other evidentiary materials as would permit a jury to find that any party which was dismissed was involved in any activities upon which the claim is based, and

   (2)  scheduling an argument to decide the motion.

   (e)  The argument shall be limited to the sole issue of whether the moving party has produced evidence which, when considered in a light most favorable to that party, would require the issue of the involvement of any party which was dismissed to be submitted to a jury.

Explanatory Comment

   Reinstatement of a claim dismissed upon an affidavit of noninvolvement is required by two statutes: Section 7502 of the Judicial Code, 42 Pa.C.S. § 7502, relating to construction design professionals and Section 506 of the MCARE Act, 40 P. S. § 1303.506, relating to healthcare providers. Currently, the rules of civil procedure are silent as to reinstatement. New Rule 1036.1 supplies this need.

   This new rule is virtually identical to Rule 1036 governing dismissal upon an affidavit of noninvolvement. It sets forth a procedure that requires the party seeking reinstatement to file a motion setting forth facts which show that statements made in the affidavit of noninvolvement were false or inaccurate. Upon initially reviewing the motion, if the court determines that the party seeking reinstatement has established a prima facie case, any party may conduct discovery limited to the issue of the involvement of the dismissed party. At final argument on the matter, the court makes a determination as to whether the party seeking reinstatement has produced enough evidence to require submission of the issue of the involvement of the dismissed party to a jury.

By the Civil Procedural
Rules Committee

STEWART L. KURTZ,   
Chair

[Pa.B. Doc. No. 09-189. Filed for public inspection February 6, 2009, 9:00 a.m.]

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