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Rule 1704 – Form of the Complaint

by admin | May 14, 2021 | Civil Procedure, Pennsylvania

(a) The complaint shall include in its caption the designation “Class Action”.(b) The complaint shall contain under a separate heading, styled “Class Action Allegations”, averments of fact in support of the prerequisites of Rule 1702 and the...

Rule 1703 – Commencement of Action. Assignment to a Judge

by admin | May 14, 2021 | Civil Procedure, Pennsylvania

(a) A class action shall be commenced only by the filing of a complaint with the prothonotary.(b) Upon the filing of the complaint the action shall be assigned forthwith to a judge who shall be in charge of it for all purposes.231 Pa. Code § 1703

Rule 1702 – Prerequisites to a Class Action

by admin | May 14, 2021 | Civil Procedure, Pennsylvania

One or more members of a class may sue or be sued as representative parties on behalf of all members in a class action only if(1) the class is so numerous that joinder of all members is impracticable;(2) there are questions of law or fact common to the class;(3) the...

Rule 1701 – Definitions. Conformity

by admin | May 14, 2021 | Civil Procedure, Pennsylvania

(a) As used in this chapter “Class action” means any action brought by or against parties as representatives of a class until the court by order refuses to certify it as such or revokes a prior certification under these rules.”Residual funds”...