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Rule 1035.2 – Motion

May 14, 2021 | Civil Procedure, Pennsylvania

After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law

(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or
(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.

231 Pa. Code ยง 1035.2

Amended by Pennsylvania Bulletin, Vol 46, No. 29. July 16, 2016, effective 7/16/2016