Pennsylvania Code
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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

4 Pa. Code § 137.9. Caveator as plaintiff.

§ 137.9. Caveator as plaintiff.

 (a)  The party who enters a caveat shall become the plaintiff or complainant, and shall open the case and make the concluding argument at the hearing.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.125(a) (relating to order of procedure).

Notes of Decisions

   Since it was clear from the record that the party entering caveat had met burden of proof, the court affirmed the order of the Board in favor of party entering caveat in spite of fact that party entering caveat did not open the case as provided for in this section. Bixler v. Hoverter, 491 A.2d 958, (Pa. Commw. 1985).


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