QUESTION
In Pennsylvania, is it possible to motion for dismissal in a small claims court appeal due to lack of activity? If so, after how long?
Asked on Mar 17th, 2013 on Civil Litigation - Pennsylvania
More details to this question:
Nov 2012: My dad was the defendant in a small claims case in PA. At the initial hearing before a Magisterial District judge, judgement was awarded to the plaintiff. Dec 2012: We appealed at the Court of Common Pleas, Civil Division. The plaintiff filed their same complaint. Jan 2012: We responded to the complaint with an Answer and New Matter, but did not include a Notice to Defend/Plead. Questions: 1. Can plaintiff or defendant motion for dismissal due to inactivity? If so, after how long? It's been 2 months since we (defendant) filed Answer & New Matter. 2. Will the judge automatically call for a status conference between both parties? If so, when?
1 ANSWER
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You cannot move for dismissal for inactivity. Rather, after 2 years of inactivity, the Prothonotary, where pleadings are filed, will notify the parties that the case is subject to dismissal after about 30-60 days unless something is filed. Basically, each court is different, but the document is essentially an affidavit that the party wants the case to remain active. If that is filed, it can remain another 2 years.
But, assuming this is Phila based upon your reference to Municipal court, it is true there are status conferences. Also, it may be that it will automatically get scheduled for arbitration so the case should come to a hearing in ordinary course.
Answered on Mar 18th, 2013 at 4:51 PM