Current through Register Vol. 54, No. 45, November 9, 2024
Rule 5.1 - Declaratory Judgment(a)Commencement of Action. An action for declaratory judgment shall be commenced by petition pursuant to Rule 3.5 directed to the interested parties.(b)Contents of Petition. In addition to the requirements provided by the Rules in Chapter III, the petition shall contain sufficient averments to entitle petitioner to the declaratory relief requested under the Pennsylvania Declaratory Judgments Act, 42 Pa.C.S. § 7531et seq., including:(1) a concise statement of the facts relied upon to justify a declaratory judgment proceeding;(2) The question of law, if any, with respect to which declaratory relief is requested;(3) identity of all interested parties; and(4) a prayer for the relief desired.(c)Exhibits. A copy of the will, trust, other governing instrument, or any other document to be construed shall be attached to the petition as an exhibit. Note: Rule 5.1 has no counterpart in former Orphans' Court Rules, but is based upon Philadelphia Local Rule 1.2.P.
The provisions of this Rule 5.1 amended October 31, 2019, effective 1/1/2020, 49 Pa.B. 6804.