Pennsylvania Precise For Argument is a form used in the Commonwealth of Pennsylvania that is filed by an attorney to request an oral argument before the Pennsylvania Supreme Court. The form can be used to seek review of a lower court decision, or to file a petition for allowance of appeal following an appeal denied by the lower court. There are two types of Pennsylvania Precise For Argument: the Precise for Argument on the Record and the Precise for Argument on Questions of Law. The Precise for Argument on the Record is used to argue an appeal based on the original record from the lower court, while the Precise for Argument on Questions of Law is used to argue an appeal based on a specific issue of law. Both forms must include the name of the case, the name of the lower court, the title of the lower court decision, and the question(s) of law to be argued.
Pennsylvania Praecipe For Argument
Description
Key Concepts & Definitions
Praecipe for Argument refers to a formal request or document filed by an attorney or party in a legal case, calling for a matter to be set down for argument in court. This document essentially asks the court to schedule a hearing or trial where legal arguments can be presented.
Step-by-Step Guide
- Determine the Need for Argument: Assess whether your case requires an oral argument to resolve issues that cannot be settled through written submissions alone.
- Prepare the Praecipe: Write the praecipe for argument, which includes case details and the request for scheduling a court hearing.
- File the Praecipe: Submit the praecipe to the court clerk within the deadlines specified by court rules.
- Notify All Parties: Inform all parties involved in the case about the filing and the upcoming court date.
- Prepare for Argument: Gather and organize all necessary documents and evidence, and prepare your oral arguments.
- Attend the Scheduled Hearing: Participate in the court hearing, presenting your argument effectively and following courtroom etiquette.
Risk Analysis
- Missed Deadlines: Failing to file or schedule the praecipe for argument by the required date could delay your case or lead to dismissal.
- Inadequate Preparation: Insufficient preparation for the oral argument can result in a weaker representation of your case, potentially leading to unfavorable outcomes.
- Non-Compliance with Rules: Not adhering to specific court rules and formatting requirements when filing the praecipe may result in rejection of the request.
Best Practices
- Consult Court Rules: Always check local court rules regarding the format and deadlines for filing a praecipe for argument.
- Thorough Preparation: Prepare thoroughly for the argument, anticipating potential questions and rehearsing your points.
- Professional Assistance: Consider hiring or consulting a legal professional experienced in court proceedings to aid in your preparation.
Common Mistakes & How to Avoid Them
- Procrastinating the Filing: Avoid last-minute filings by preparing and reviewing documents well in advance of the deadline.
- Overlooking Formal Requirements: Double-check all praecipe submissions for adherence to required formats, signatures, and other formalities to ensure acceptance by the court.
- Poor Communication: Maintain clear and timely communication with all parties involved, including the court, to prevent misunderstandings and ensure everyone is informed of the schedule and expectations.
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FAQ
The word comes from the Latin word praecipio, meaning ?I command (or order) this,? and it often appears in the term ?writ of praecipe.? In the US, praecipes are writs that have one of the following functions: Commanding a defendant to perform an act or to demonstrate why he or she should not perform that act.
You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame.
A document that a plaintiff files with the prothonotary to commence a civil action in a Pennsylvania court of common pleas before filing a complaint (Pa.
A sample praecipe (request) for entry of appearance that an attorney may use to enter an appearance on behalf of a client in a civil action in a Pennsylvania court of common pleas. This Standard Document contains integrated notes with important explanations and drafting tips.
A sample praecipe (request) for entry of appearance that an attorney may use to enter an appearance on behalf of a client in a civil action in a Pennsylvania court of common pleas. This Standard Document contains integrated notes with important explanations and drafting tips.
The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.
Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
Rule 1037. Judgment Upon Default or Admission. Assessment of Damages. (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.