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In re Order Amending Rule 1915.5 of Pennsylvania Rules of Civil Procedure

Supreme Court of Pennsylvania

July 7, 2014

IN RE: ORDER AMENDING RULE 1915.5 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE

CIVIL PROCEDURAL RULES DOCKET

ORDER

PER CURIAM

AND NOW, this 7th day of July, 2014, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 43 Pa.Bull. 7544 (December 28, 2013):

IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1915.5 of the Pennsylvania Rules of Civil Procedure is amended in the attached form.

This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 30 days on August 6, 2014.

Rule 1915.5. Question of Jurisdiction, [or] Venue or Standing. No Responsive Pleading by Defendant Required. Counterclaim. Discovery.

(a) A party must raise any question of jurisdiction of the person or venue, and may raise any question of standing, by preliminary objection filed within twenty days of service of the pleading to which objection is made or at the time of hearing, whichever first occurs. No other pleading shall be required, but if one is filed it shall not delay the hearing.

Note: The court may raise at any time a question of (1) jurisdiction over the subject matter of the action or (2) the exercise of its jurisdiction pursuant to § 5426 of the Uniform Child Custody Jurisdiction and Enforcement Act, relating to simultaneous proceedings in other courts, § 5427, relating to inconvenient forum, and § 5428, relating to jurisdiction declined by reason of conduct. The Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.[A]. § 5407, provides that, upon request of a party, an action in which a question of the existence or exercise of jurisdiction is raised shall be given calendar priority and handled expeditiously.

(b) A party may file a counterclaim asserting the right of physical or legal custody within twenty days of service of the complaint upon that party or at the time of hearing, whichever first occurs. The claim shall be in the same form as a complaint as required by Rule 1915.3.

(c) There shall be no discovery unless authorized by special order of court.

Note: The rule relating to discovery in domestic relations matters generally is Rule 1930.5.

Explanatory Comment—1994

Under subdivision (a), the defendant may but is not required to plead to the complaint. All averments may be disputed by the defendant at the custody hearing. An attorney who wished to file another pleading may do so. However, the action is not to be delayed to permit its filing.


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