Legal Question in Civil Litigation in Pennsylvania
In Pennsylvania, I know typically the Magisterial District Court will wait up to 15 minutes from the scheduled time to conduct a Civil Action hearing if one of the parties are not present. Is this discretionary or written in the rules or statutes/? Also, are there any post-judgment motions or proceedings in the magisterial District Court?
I had a Civil Action Hearing today (as a Defendant) which was scheduled at 1pm. I was around 10 minutes late. The hearing was held at the scheduled time and judgment entered before I arrived. I had a Civil Action Hearing as Plaintiff two weeks ago and the Defendant never arrived, but the Court waited 15 minutes to see if he would arrive. This judge is extremely bias against me (another topic for another day). I just wanted to know if there were ather avenues I could consider in the Lower Court prior to filing an appeal in the Common Pleas Court (ie; Motion to Strike or Open Judgment)
2 Answers from Attorneys
How long to wait is up to the DJ. If you don't like how the case came out all you can do is appeal. Though remember what happens in DJ stay in DJ. For example if you appeal today's decision the other side can't say in their complaint that the won in DJ. That violates the rule.
{John}
Your only recourse is to file an appeal.