Rules shall be liberally constructed to secure the just and speedy and inexpensive process that does not otherwise affect the rights of others

If rule not clear, then look at factors such as occasion and need of the rule, circumstances which created rule, the issue to be remedied, etc.  

Favor public interest over private interests, not violate US consistution

 If rules are conflicting, the two shall be construed that that effect may be given to both.  IF they cannot be reconciled, the newer law prevails.  

Orphans court - also estates, birth cert, marriage

Family Court - divorce, juvenile matters

Trial Courts - Civil, Criminal and Commerce courts

Traffic Court - PHL does this via municipal courts

Magisterial or Municipal - max of $12K civil awarded (can bring action more than $12K but more than 12K not awareded) , landlord/tenant issues as well

Supreme - 7 Judges, final appellant court

Superior - 15 Judges, 2nd appellant court

Commonwealth of PA - 9 Judges, first appellant

Court of common pleas - court of 1st impression

Municipal (PHL) or Magisterial District Courts

No Fault or Fault

Fault Basis is 
Desertation

Adultery

Bigamy

Incarceration

Indignities

Copy of marriage certif needed as show of contract

Served by sheriff, adult, cert mail, waiver of reciept

Hearing Master

Request made by motion

Contested matters

Master is lawyer and serves as judge

Can hear partial (but not full) custody

Master makes recommendation by judge

20 days to disagree with master recommendation  judge can dismiss the exception or have hearing on disagreement

Any property acquired during marriage is marital property and subject to equitable distribution

Gifts and inheritance are excluded mostly

Factors for distribution are:

Length of marriage

Income

Contribution

Appreciation of property acquired before marriage can be split

fault considered in alimony cases only

Factors for alimony:

Age and health of both parties

Duration of marriage

Earning and capacities of both

Contribution to training, education

Standard of living
Relative education

Contributions to homemaker

ERelative needs of the parties

Equitable distribution of marriage property

Mother as primary caregive during tender years no longer presumed

Support by both parents equally

Submission of financial statements by both parties

Hearing officer, not a master or judge initially

Appeal to master, then to superior court

Private school considered reasonable

Grandparent visitation if in best interest of child

Visitation to both parents normal, can request physical and mental examination of a parent 

1. Irreparable harm
2. Likely to be granted on merits
3. Does it serve public or private issue - if any
4. Less harm will result to the def if TRO is issued than harm to the plaintiff if no TRO

2 weeks for TRP, then hearing on the merits

1) Writ of summons for med mal - not common

2) Complaint/pleading 

3) petition when authorized by statue

File with prothonotary or head of records

Praecipe (order for writ of summons, etc)

Rule 1351

1) justiciable (genuine controversy)

2) be ripe (recent, actual harm)

3) Standing (be the person suffering harm)

4) affidavit /attestation true

5) served by sheriff in PA or cert mail outside of PA or via service provider

Notice must be in english and spanish

30 days to file, must in in good faith (multiple attempts, not just 1 at old address) , 

Can reissue forever every 30 days until service properly

Interrogatories delivered via service (not filed)

Depositions by oral examination (judge not present)

Request for admissions - makes it easier to establish elements

Production of document requests

Physical or mental examination of persons

Must be related to the matter and relevant - must answer yes, no, or do not have this information

Don't ask compound questions

Must comply with deposition unless exception such as protection order

2 years for most negligent torts, including wrongful death

4 years for contracts

1 year for defamation, invasion of privacy

7 years of repose for med mal

Not tolling by good faith negotiations

Forum Non Conveniens - preference for plaintiff to choose forum

Davenport said should arraigned as soon as possible after charges - any statement by a defendant cannot be used unless def arraigned 6 hours within arrest

New rule is to look at reasonableness of totality of circumstances to determine voluntary nature of the statements and VIK requirements

Quash - used to vacate indictment or information based on rules of court (venue, past SOL, no crime charged)

Suppress - used to exclude evidence based on lack of probable cause, miranda failure, 

Ross motion based on undue delay between incident and arrest such as in cold cases, burden of proof of delay on defendant (years of delay normally)

Mandatory - exculpatory and inculpatory evidence mandatory to share with opposing counsel

permissive discovery - such as psych evals or proof of income, determined by court if warranted

Brady Motion to provide all evidence favorable to defendant

Bingham hearing - see if def prev crim record ok to share

Criminie falsie almost always Ok if within 10 years

Def to be released from custody if not tried within 180 days

Can be dismissed if not tried within 365 days

Some time excludable from tolling - such as when def request additional time to prepare (not generally given to prosecution) - reasonable due diligence standard determined by court. 

File within 1 year or after exhausing all appellant remedies

Ineffective assistance of counsel is a collateral matter

3 issues for post conviction relief act:

1) does the claim have merit

2) is it timely

3) what is warranted relief that is requested such as restoration of appellant rights, new witnesses or evidence)

Finley letter to oppose PCRA claim

Guilty,m Alford plea of guilty (asserts innocent), no contest, not guilty

Elements required for plea agreement

1) proper jurisdiction of court

2) legality of the sentence

3) KIV waiver, understand there is no trial

4) effective assistance of counsel

Appeal of guilty plea within 30 days

mcnaughton rule for insanity defense

uniformity, but may mitigate, aggravate and deviate as appropriate

Determinant (6 years) vs indeterminate (6-12 years)

Regan rule-must explain sentence outside standard range

Cannot give indeterminate max sentence that is greater than legal max, also min number in indeterminate sentence cannot be less than half of top sentence duration

Points - 1-4 for felony, 2-3 for drugs, Misdemeanor 1/2

County from 6 months to 24 months

State sentence 24 or more months

Split sentence - confinement with probation tail

Violation of probation is by preponderance of evidence - more likely than not, 50% or more.  

Violation of probation by Gagnon hearing

1) bequest - personal property

2) legacy - money

3) Devise - real estate

4) Guardian of a person

5) trustee - fiduciary of the property/money

each page signed/marked by testator, witness signed within 1 day

Revocation by subsequent will or writing "revoked"

Death bed wills - testator must be sound mind

Joint wills not recommended due to problems

Creditors have 1 year to collect against estate

Recommend that heir not get paid for 1 year

must advertise will publically 2 newspapers, 3 weeks, 1 time per week

Renunciations for part of all of will, can elect to take statutory share

Funeral and hospital costs 6 months before death

Inheritance tax paid within 9 months. paid on net estate, do not include insurance or jointly held property w/spous

imposed on the privilege of receiving from the decedent at death not a tax on the property itself but on the right to acquire it by descent or testamentary gift

Lineal heirs - 4.5%

Collateral heirs - 12%

Cousins 15%

Required for minors even with trustee

Required for incompetent beneficiary

Required if question about who is surviving spouse

Executor duties:

1) appraisal at death

2) conserve estate

3) collect and pay debts

Register of wills will appoint administrator - spouse, children, parents

Administrators are bonded and appointed by Register of wills

Survivin spouse can forfeit right to inherent by willful neglect, desertion of 1 year, failure to support

Surviving spouse can elect to inherent 1/3 of estate when they are not included in will

SS gets all if no parents still alive

SS gets 1st $30K and half of remainder, surviving parents get other half

If there is an issue, SS gets same $30K and half of remainder

brothers and sisters next cousins, then escheates to estate

1) Prelim arraignment - informed of charges

2) Prelim hearing - PA proves prima facie case, probable

3) Indictment - grand jury decides to charge

4) Arrangment - trial date assigned

5) Trial - prove beyond reasonable doubt

1) pre trial motions - suppress evidence, dismiss, speedy

2) Jury selection, voir dire 12 jurors, 2 alternates

3) opening statement ADA goes first, then defense

4) State case in chief, examination of witnesses, cross examination by defense

5)Def Motion for judgement of acquittal/demurrer

6) Defense case in chief

7) Rebuttal, 8) Motion for direct verdict by def

9) Closing argument, 10) Jury Charge, instructions

11) Verdicts, 12) post trial motions

13) Sentencing, 14) Appeal

15) Post conviction relief act