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Bylaws Draft Withdrawal In Philadelphia
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Multi-State
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Philadelphia
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US-00444
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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 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; ...
Rule 215 - Assignment of Cases in the Trial Division A. All cases filed in the Trial Division of the Court of Common Pleas shall be listed for trial in ance with those management procedures in effect for the program to which a case is assigned.
229. Rule 229 - Discontinuance (a) A discontinuance shall be the exclusive method of voluntary termination of an action, in whole or in part, by the plaintiff before commencement of the trial.
Briefs or memoranda of law shall be typewritten, printed or otherwise duplicated, and endorsed with the name of the case, the court term and number, and the name, address, and electronic mail address of the attorney or the party if not represented by an attorney.
Hearing. Notice. (a) (1) The procedure for fixing the date, time and place of hearing before a board of arbitrators shall be prescribed by local rule, provided that not less than thirty days' notice in writing shall be given to the parties or their attorneys of record.
Current Rule 229 provides that a discontinuance is the sole method by which a plaintiff can terminate an action before trial. A discontinuance as to less than all defendants requires written consent of all parties to the action or leave of court.
Rule 1301 - Compulsory Arbitration: Cases Covered (a) Any civil action where the amount in controversy is Fifty Thousand ($50,000) Dollars or less and title to real estate is not involved, shall be submitted to compulsory arbitration pursuant to 7361 of the Judicial Code, 42 Pa. C.S.
Rule 1304. If the plaintiff fails to appear or if, at the conclusion of the plaintiff's case, the board deems the evidence insufficient to support an award in favor of the plaintiff, it shall enter an award in favor of the defendant. If the board does not do so, the defendant may proceed to offer evidence.