Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1915.5 - Question of Jurisdiction, Venue, or Standing. Counterclaim. Discovery. No Responsive Pleading by Defendant Required(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.The provisions of this Rule 1915.5 amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1943; amended May 5, 1997, effective 7/1/1997, 27 Pa.B. 2532; amended November 19, 2008, effective immediately, 38 Pa.B. 6596; amended August 1, 2013, effective 9/3/2013, 43 Pa.B. 4702; amended July 7, 2014, effective in 30 days on August 6, 2014, 44 Pa.B. 4477; amended July 27, 2020, effective 10/1/2020, 50 Pa.B. 4019.