§ 171.123. Mandatory filing of certificates of readiness.
(a) In all actions commenced prior to the effective date of this section, the parties shall file a certificate of readiness within 1 year after the effective date of this section. In all actions commenced on or after the effective date of this section, the parties shall file a certificate of readiness within 1 year after the commencement of the action.
(b) Prior to the expiration of the period limited in subsection (a), any party may move for extension of the period. The motion must set forth the grounds for the request and the length of extension required. The Administrator will grant the extension only upon finding good cause. The order of extension, if any, will set forth the new date for certifying readiness, which may be sooner than that requested but may not be later. This subsection supersedes 1 Pa. Code § 31.15 (relating to extensions of time).
(c) If the documents are not filed within the time limits listed in subsections (a) and (b), the Administrator, with or without motion by any party, will require that good cause be shown why the case should not be dismissed for want of prosecution.
(d) For purposes of this section only:
(1) An action is commenced when the initial notice complaint or complaint is received by the Administrator.
(2) Actions will be processed under subsection (c) in order of their commencement.
Notes of Decisions Constitutionality
The Pennsylvania Health Care Services Malpractice Act (40 P. S. § 1301.101 et seq.) should not be held unconstitutional on the basis that delays in processing claims under the Act’s procedural provisions result in oppressive delay and infringe on the right to trial by jury because amendments to the Act and the provisions of 37 Pa. Code § 171.123(a) mandating filing of certificates of readiness assure litigants that trial will not be unreasonably delayed. Mattos v. Thompson, 421 A.2d 190 (Pa. 1980). (Dissenting Opinion.)
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