Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter G. ACTION IN QUO WARRANTO


Rule


1111.    Conformity to Civil Action.
1112.    Venue.
1113.    Commencement of Action.
1114.    Trial Without Jury.

Rule 1111. Conformity to Civil Action.

 Except as otherwise provided in this chapter, the procedure in the action of quo warranto shall be in accordance with the rules relating to civil action.

Source

   The provisions of this Rule 1111 adopted June 25, 1946, effective January 1, 1947; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (52298).

Rule 1112. Venue.

 (a)  An action brought in a court of common pleas by the Commonwealth on the relation of the Attorney General may be brought only in

   (1)  the county where a political subdivision is located when the action is against an officer thereof, or

   (2)  the county where a municipal corporation is located when the action concerns the validity of its charter, or

   (3)  the county where a corporation or similar entity has its registered office or principal place of business when the action concerns the validity of its charter or the exercise of a right, franchise or privilege or is against an officer thereof.

 (b)  An action brought in a court of common pleas in the name of the Commonwealth on the relation of the District Attorney may be brought only in the county where the political subdivision is located when the action is against an officer thereof.

 (c)  An action brought in a court of common pleas in the name of a party who has an interest distinct from that of the general public may be brought only in

   (1)  the county in which the cause of action arose when the action is against an officer of the Commonwealth, or

   (2)  the county where the political subdivision is located when the action is against an officer thereof, or

   (3)  the county where the corporation or similar entity has its registered office or principal place of business when the action is against an officer thereof.

Source

   The provisions of this Rule 1112 adopted June 25, 1946, effective January 1, 1947.

Rule 1113. Commencement of Action.

 An action shall be commenced by filing a complaint with the prothonotary.

Source

   The provisions of this Rule 1113 adopted June 25, 1946, effective January 1, 1947.

Rule 1114. Trial Without Jury.

 The trial of actions in quo warranto by a judge sitting without a jury shall be in accordance with Rule 1038.

Source

   The provisions of this Rule 1114 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (52299).



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