Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN
Rule 1915.5 - Question of Jurisdiction, Venue, or Standing. Counterclaim. Discovery. No Responsive Pleading by Defendant Required
Universal Citation: 231 PA Code ยง 1915.5
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Question of Jurisdiction, Venue, or Standing.
(1) A party shall raise
jurisdiction of the person or venue by preliminary objection.
(2) A party may raise standing by preliminary
objection or at a custody hearing or trial.
(3) The court may raise standing sua
sponte.
(4) In a
third-party plaintiff custody action in which standing has not been resolved by
preliminary objection, the court shall address the third-party plaintiff's
standing and include its standing decision in a written opinion or
order.
(b) A party may file a counterclaim asserting the right of physical or legal custody within 20 days of service of the complaint upon that party or at the time of hearing, whichever first occurs. The claim shall be in the same form as a complaint as required by Pa.R.C.P. No. 1915.3.
(c) There shall be no discovery unless authorized by special order of court.
(d) Except as set forth in subdivisions (a) and (b), a responsive pleading shall not be required. If a party files a responsive pleading, it shall not delay a hearing or trial.
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