Pennsylvania Code
Title 246 - MINOR COURT CIVIL RULES
Part I - GENERAL
Chapter 300 - CIVIL ACTION
Rule 318 - Informing Plaintiff of Notice of Intention to Defend

If the defendant gives the magisterial district court notice of intention to defend in accordance with Pa.R.Civ.P.M.D.J. 305(d), the magisterial district court shall promptly give the plaintiff written notice that the defendant intends to enter a defense.

Comment:

The defendant may give the court notice of intention to defend by using the form provided to the defendant pursuant to Pa.R.Civ.P.M.D.J. 305(e) or by a signed statement identical in content. See Pa.R.Civ.P.M.D.J. 305(e), cmt. (pertaining to the form notice provided to the defendant for his or her convenience). Entries on the docket will show that the defendant gave notice of intention to defend and that the magisterial district court gave written notice to the plaintiff.

(Editor's Note: The following Explanatory Comment is not currently codified in the Pennsylvania Code.)

Historical Commentary

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

EXPLANATORY COMMENT-1992

Rule 318 recognizes that a Notice of Intent to Defend form will be generated by the District Justice Automation Project. Correspondingly, the Note maintains the same procedure for recording that either the plaintiff or his attorney of record was notified of the defendant's intent to defend and requires an acknowledgment that the Notice of Intent to Defend form was used.