Pennsylvania Praecipe for Re-Issue or Re-Instate

State:
Pennsylvania
Control #:
PA-SKU-0908
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PDF
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Description

Praecipe for Re-Issue or Re-Instate

The Pennsylvania Precise for Re-Issue or Re-Instate is a legal document that is used to restart the process of a civil case that has been either dismissed or had a judgment entered against it. It is typically used in the state of Pennsylvania. There are two types of Recipes for Re-Issue or Re-Instate: 1. Precise for Re-Issue: This type of Precise is used to request the court to re-initiate the process of a civil case that has been previously dismissed. This requires the plaintiff to provide the court with a copy of their original complaint or other relevant documents. 2. Precise for Re-Instate: This type of Precise is used to request the court to reinstate a civil case that has had a judgment entered against it. This requires the plaintiff to provide the court with a copy of their original complaint, as well as the judgment that was entered against them. In either case, the Precise for Re-Issue or Re-Instate must be filed with the court before the process can be restarted. This document requires the plaintiff to provide the court with the necessary information to properly process the request, including the name of the plaintiff, the name of the defendant, the case number, and the reason the case is being re-initiated.

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FAQ

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.

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.

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.

When you file a Praecipe to Withdraw/Discontinue, you must notify all other parties to the action that you are withdrawing/discontinuing it. You must provide the Prothonotary's Office with a Certificate of Service document identifying how and when you did this. to be sure). existing court documents to get this number.

There is a two-year statute of limitations for claims of conversion and replevin under Pennsylvania law.

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.

Commanding a defendant to perform an act or to demonstrate why he or she should not perform that act. Requesting that the court perform some action, such as entering a judgment or setting the date for a trial, and that the clerk of the court issue a writ therefor.

More info

Praecipe For Re-Issue Or Re-Instate. To Butler County Prothonotary: Re-Issue Writ (.Form 4 – Praecipe to Reinstate the Complaint. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Vs. : File No. : : PRAECIPE TO REINSTATE OR REISSUE. Rule 401 - Time for Service. While filing a Praecipe to Reinstate a Complaint or Praecipe to Reissue a Writ, your lead document will be your Praecipe. View all the available forms from the Prothonotary's Office. (3) A substituted writ may be issued or a substituted complaint filed upon praecipe stating that the former writ or complaint has been lost or destroyed.

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Pennsylvania Praecipe for Re-Issue or Re-Instate