Pennsylvania Sample Letter for Motion to Discharge
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How to fill out Sample Letter For Motion To Discharge?
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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.
A motion to make the rule absolute shall evidence compliance with the service requirements of Pa. R.C.P. 440, setting forth the time, place and nature of service. No rule shall be made absolute without certification that the petition and rule to show cause have been served in compliance with Pa.
(c) A response to a dispositive motion shall be filed within 30 days of service of the motion or, if a supporting party files a memorandum of law alone, within 30 days of service of that memorandum of law. The response to a dispositive motion must be accompanied by a supporting memorandum of law or brief.
Rule 1036 - Dismissal Upon Affidavit of Noninvolvement (a) As used in this rule, "action" means an action subject to an Act of Assembly which provides for dismissal of the action as to a party based upon an affidavit of noninvolvement.
Rule 1100 - PROMPT TRIAL - PRIORITY TO INCARCERATED DEFENDANTS A. Whenever possible, priority shall be given to the trial of cases involving defendants who have failed to make bail. B. All motions for dismissal filed pursuant to Pa.
Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
When the Court has issued a Rule to Show Cause and no party files a response within the time allotted by the Court, the petition or motion that accompanied the Rule to Show Cause shall be deemed uncontested. The moving party may obtain an Order granting final relief by filing a Motion for Rule Absolute.
If the judge fails to decide the motion within 120 days, or to grant an extension as provided in paragraph (B)(3)(b), the motion shall be deemed denied by operation of law.
