This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.
7.1. No discovery or perpetuation of testimony is permitted except by petition for leave of Court or by agreement of the parties. (a) A petition shall set forth the nature of the discovery sought, the reasons why the discovery is necessary and the time period within which discovery is to be completed.
A declaratory judgment like any other judgment is reviewable on appeal. In Andrew Robinson Int'l, Inc. v. Hartford Fire Ins.
Declaratory judgments are conclusive and legally binding, but do not have preclusive effect if: A later lawsuit involves issues other than those specifically litigated and ruled on in the declaratory judgment action.
A plaintiff seeking declaratory relief must show that there is an actual controversy even though declaratory relief will not order enforceable action against the defendant. An actual controversy means there is a connection between the challenged conduct and injury, and redressability that the court could order.
“”Declaratory judgment actions are subject to a four-year statute of limitations.”” See Lakeside v.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
Rule 8.2 - Motions for Reconsideration (a) By motion, a party may request the court to reconsider any order that is final under Pa. R.A.P. 341(b) or 342, or interlocutory orders subject to immediate appeal under Pa.