Legal Question in Personal Injury in Pennsylvania

When you are a plaintiff in case that is going to be presented in magesterial court and the notice states that, "defendant should notify the court immediately if they intend to enter a defense" but defendant never entered a defense, why then is defendant still allowed to appear in court and defend the case on the day of the hearing?


Asked on 12/12/10, 5:44 pm

1 Answer from Attorneys
Richard Senker Senker Law Office

Probably b/c the Rules governing district justice procedure do not say that failure to notify the DJ that you will defend does not prevent you from showing up and defending. Conduct at the DJ is governed by Rules. If you feel a Rule was violated, you can appeal the decision to Common Pleas.

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Answered on 12/18/10, 6:19 am


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