Pennsylvania Substitution of Counsel Without Leave of Court (also known as “No-Fault Substitution”) is a legal process in which a party to a legal action can change their attorney without the need to obtain permission from the court. This is accomplished by filing a Notice of Substitution of Counsel with the court, which must be accompanied by an affidavit from the old attorney and the new attorney. This process is intended to simplify the attorney substitution process and provide a more efficient way for parties to change attorneys without disrupting the proceedings. There are two main types of Pennsylvania Substitution of Counsel Without Leave of Court: voluntary and involuntary. Voluntary substitution occurs when a party wishes to change their attorney and both the old and the new attorney have signed the Notice of Substitution of Counsel and the accompanying affidavit. Involuntary substitution occurs when an attorney withdraws from a case without the permission of the court, and the party must then file a Notice of Substitution of Counsel in order to appoint a new attorney.
Pennsylvania Substitution of Counsel Without Leave of Court
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Rule 1012 - Entry and Withdrawal of Appearance (A)Entry of Appearance. In order to prevent delay of the litigation, an attorney who enters an appearance for a party shall be deemed to be available and ready to try the case on the assigned hearing or trial date.
Code § 1021.76a - Entry of default judgment. (a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.
Two Year Statute of Limitations As in most states, the statute of limitations in civil cases in Pennsylvania is two years. In most cases, this means that victims have two years from the date of their injury to file a civil lawsuit.
The client's replacement counsel who is a member of the same law firm as the attorney of record may file a notice of substitution of counsel. The notice of substitution must include a representation that the client has been informed of and consents to the substitution.
(1) A plaintiff may withdraw the complaint prior to the commencement of the hearing by filing a written notice of withdrawal with the magisterial district court.
(Aa) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
Rule 1037. Judgment Upon Default or Admission. Assessment of Damages. (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.
In ance with Pennsylvania Rule of Civil Procedure 1361, a Plaintiff filing a complaint, or Defendant asserting a New Matter (affirmative defenses) or Counterclaim, must include a Notice to Plead, which provides the opposing party with notice that they have twenty days to file a written response to the given