Law Book Rules In Philadelphia
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Philadelphia Civil Rule 1303(c) sets forth the procedures to be followed for continuances of arbitration cases in both non-emergency and emergency situations.
Preliminary Objections. Of the three grounds available to challenge venue, only improper venue may be raised by preliminary objection as provided by Rule 1006(e). Forum non conveniens and inability to hold a fair and impartial trial are raised by petition as provided by Rule 1006(d)(1) and (2).
Any other party may subpoena a person whose testimony is waived by this Rule to appear at the trial and may cross-examine him as to the documents as if he were a witness for the party offering the document.
Collateral Orders. (a) General Rule. An appeal may be taken as of right from a collateral order of a trial court or other government unit.
1301. Except as provided hereunder, all cases having an amount in controversy, exclusive of interest and costs, of $50,000 or less shall be assigned to the Compulsory Arbitration Program of the Court of Common Pleas of Philadelphia County.
Code Rule 313(b) defines an appealable collateral order as “an order separable from and collateral to the main cause of action where the right involved is too important to be denied review and the question presented is such that if review is postponed until final judgment in the case, the claim will be irreparably lost ...
If a Wrongful Death claim, brought for the benefit of the appropriate intestate heirs, is raised, Court approval of settlements shall be required only where a minor or incapacitated person has an interest.
Rule 1037.2 - Judgments by Default-Assessment of Damages (A) In order for the Office of Judicial Records to assess damages pursuant to Pa. R.C.P. 1037(b)(1) upon default for failure to answer, a complaint in an action must pray for specific items and amounts.
Rule 2206 - Settlement, compromise, discontinuance and judgment (a) No action for wrongful death in which a minor or an incapacitated person has an interest shall be discontinued nor shall the interest of a minor or an incapacitated person in any such action or in a judgment for damages recovered therein be compromised ...
