Rule 213. Consolidation, Severance and Transfer of Actions and Issues within a County. Actions for Wrongful Death and Survival Actions.
(a) In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court on its own motion or on motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay.
(b) The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order a separate trial of any cause of action, claim, or counterclaim, set-off, or cross-suit, or of any separate issue, or of any number of causes of action, claims, counter-claims, set-offs, cross-suits, or issues.
(c) [Rescinded]
(d) [Rescinded]
(e) A cause of action for the wrongful death of a decedent and a cause of action for the injuries of the decedant which survives his or her death may be enforced in one action, but if independent actions are commenced they shall be consolidated for trial.
(1) If independent actions are commenced or are pending in the same court, the court, on its own motion or the motion of any party, shall order the actions consolidated for trial.
(2) If independent actions are commenced in different courts, the court in which the second action was commenced, on its own motion or the motion of any party, shall order the action transferred to the court in which the first action was commenced.
(3) If an action is commenced to enforce one cause of action, the court, on its own motion or the motion of any party, may stay the action until an action is commenced to enforce the other cause of action and is consolidated therewith or until the commencement of such second action is barred by the applicable statute of limitation.
(f) When an action is commenced in a court which has no jurisdiction over the subject matter of the action it shall not be dismissed if there is another court of appropriate jurisdiction within the Commonwealth in which the action could originally have been brought but the court shall transfer the action at the cost of the plaintiff to the court of appropriate jurisdiction. It shall be the duty of the prothonotary or clerk of the court in which the action is commenced to transfer the record together with a certified copy of the docket entries to the prothonotary or clerk of the court to which the action is transferred.
Official Note
Adopted September 8, 1938, effective March 20, 1939; amended and effective June 7, 1940; amended and effective October 1, 1942; amended June 27, 1969 and effective September 1, 1969; amended June 23, 1975, effective immediately, 5 Pa.B. 1819. Subdivisions (c) and (d) have been rendered unnecessary in view of the abolition of the former Municipal Court of Philadelphia and the County Court of Allegheny County by the Constitution of 1968.
For transfer of actions from counties of improper venue, see Rule 1006(e).
Explanatory Note Prior to 1969, two county courts existed in Pennsylvania. The Municipal Court of Philadelphia was created by the Act of July 12, 1913, P. L. 711, § 1, 17 P. S. § 681, and subsequently renamed the County Court of Philadelphia by the Act of July 17, 1961, P. L. 781, § 1, 17 P. S. § 705. The County Court of Allegheny County was created by the Act of May 5, 1911, P. L. 198, § 1, 17 P. S. § 621. Both of these courts were abolished by the Constitution of 1968.
Business of the Court Rules 213(c) and (d) refer to transfers between county courts and common pleas courts. Joinder of Parties Rule 2231(b) is predicated on the jurisdiction of the county courts. These sub-divisions are obsolete.
Trespass Rule 1044(c) refers to county courts. This reference is also obsolete.
Rules 213(c) and (d) and 2231(b) have been rescinded and the reference to a county court in Rule 1044(c) has been deleted. Appropriate notes have been added to each Rule.
Source The provisions of this Rule 213 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2276; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (233995) to (233996).
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