Rule 1035.5. Procedure When Judgment Is Denied or Is Not Rendered Upon the Whole Case.
If judgment is denied or is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court when considering the motion may, if practicable, ascertain from the pleadings, the evidence and the parties which material facts relevant to the motion exist without controversy and which are actually controverted. It shall thereupon make an order specifying the facts that are without controversy, including the extent to which the amount of damages or other relief is not in controversy and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established and the trial shall be conducted accordingly.
The provisions of this Rule 1035.5 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862.
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