210 Pa. Code Rule 1516. Other Pleadings Allowed.

Rule 1516. Other Pleadings Allowed.

(a)  Appellate jurisdiction petitions for review.—No answer or other pleading to an appellate jurisdiction petition for review is authorized, unless the petition for review is filed pursuant to Pa.R.A.P. 3321 (appeals from Legislative Reapportionment Commission). Where an answer is authorized, the time for filing an answer shall be as stated in Pa.R.A.P. 123(b), and the answer shall contain the certificate of compliance required by Pa.R.A.P. 127.
(b)  Original jurisdiction petitions for review.—Where an action is commenced by filing a petition for review addressed to the appellate court’s original jurisdiction, the pleadings are limited to the petition for review, an answer thereto, a reply if the answer contains new matter or a counterclaim, a counter-reply if the reply to a counterclaim contains new matter, preliminary objections, and answers thereto. A pleading shall contain the certificate of compliance required by Pa.R.A.P. 127. Every pleading filed after an original jurisdiction petition for review shall be filed within 30 days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading is endorsed with a notice to plead.

   Official Note
   With regard to original jurisdiction proceedings, practice is patterned after Pa.R.C.P. 1017(a) (Pleadings Allowed) and 1026 (Time for Filing. Notice to Plead). The ten additional days in which to file a subsequent pleading are in recognition of the time required for agency coordination where the Commonwealth is a party.

Source

   The provisions of this Rule 1516 amended May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740; amended February 27, 1980, 10 Pa.B. 1038, effective as set forth at 10 Pa.B. 1038; amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3862; amended December 10, 2012, effective in 60 days, 42 Pa.B. 7813; amended June 4, 2013, effective July 4, 2013, 43 Pa.B. 3327; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 461; amended January 7, 2020, effective August 1, 2020, 50 Pa.B. 505. Immediately preceding text appears at serial pages (389961) to (389962).

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