Subchapter F. ACTION IN MANDAMUS


Rule


1091.    Conformity to Civil Action.
1092.    Venue.
1093.    Commencement of Action.
1094.    Parties Defendant.
1095.    The Complaint.
1096.    Counterclaim.
1097.    Service [Rescinded].
1098.    Peremptory Judgment.
1099.    Trial Without Jury.
1100.    Suspension of Acts of Assembly.

Rule 1091. Conformity to Civil Action.

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

Source

   The provisions of this Rule 1091 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 (28060).

Rule 1092. 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 the political subdivision or an officer thereof, or

   (2)  the county where the registered office or principal place of business of a corporation or similar entity is located when the action is against the corporation or similar entity or 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 against a political subdivision or an officer thereof only in the county where the political subdivision is located.

 (c)  An action brought in a court of common pleas in the name of a party to enforce a right or to compel performance of a public act or duty in which the party has a beneficial 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, department, board, commission or instrumentality of the Commonwealth, or

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

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

   Official Note

   The right to bring an action of mandamus is defined by Section 1 of the Act approved June 8, 1893, P. L. 345, as amended, 12 P. S. §  1911.

Source

   The provisions of this Rule 1092 adopted June 25, 1946, effective January 1, 1947.

Rule 1093. Commencement of Action.

 An action may be commenced by filing with the prothonotary

   (1)  a complaint, or

   (2)  an agreement for an amicable action.

Source

   The provisions of this Rule 1093 adopted June 25, 1946, effective January 1, 1947.

Rule 1094. Parties Defendant.

 (a)  When an action is commenced to compel performance of a public act or duty by a political subdivision of the Commonwealth, it shall be sufficient to name as defendants such officers in their official capacities as are concerned in the act or duty.

 (b)  When an action is commenced against a corporation or similar entity, it shall be joined as a defendant with the particular person or body of persons concerned in the performance of the act or duty.

 (c)  When a public act or duty is required to be performed by an executive or administrative department, by a departmental administrative board or commission or by an independent administrative board or commission of the Commonwealth or by a board or body of a political subdivision, it shall be sufficient to name the department, board, commission or body as the defendant without joining as a defendant the head of the department or the members of the board, commission or body.

Source

   The provisions of this Rule 1094 adopted June 25, 1946, effective January 1, 1947.

Rule 1095. The Complaint.

 The plaintiff shall set forth in the complaint:

   (1)  the name and description of the plaintiff and defendant;

   (2)  the facts upon which plaintiff relies for the relief sought;

   (3)  the act or duty the defendant is required to perform and the refusal to perform it;

   (4)  the interest of the plaintiff in the result;

   (5)  the damages, if any;

   (6)  the want of any other adequate remedy at law;

   (7)  a prayer for the entry of a judgment against the defendant commanding that the defendant perform the act or duty required to be performed and for damages, if any, and costs.

Source

   The provisions of this Rule 1095 adopted June 25, 1946, effective January 1, 1947; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (212330).

Rule 1096. Counterclaim.

 No counterclaim may be asserted.

Source

   The provisions of this Rule 1096 adopted June 25, 1946, effective January 1, 1947.

Rule 1097. Service.

 [Rescinded]

   Official Note

   For service upon the Commonwealth or a political subdivision, see Rule 422. For service upon a corporation, see Rule 422. For service upon a corporation, see Rule 424.

Source

   The provisions of this Rule 1097 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (28062).

Rule 1098. Peremptory Judgment.

 At any time after the filing of the complaint, the court may enter judgment if the right of the plaintiff thereto is clear. Judgment shall not be entered without prior notice to all parties unless the exigency of the case is such as to require action before notice, in which event notice shall be given as soon as possible.

   Official Note

   The practice of filing a petition to open a peremptory judgment as a prerequisite to an appeal has been discontinued. Pennsylvania Rule of Appellate Procedure 311(a)(5) provides that an appeal may be taken as of right from a peremptory judgment in mandamus.

Source

   The provisions of this Rule 1098 adopted June 25, 1946, effective January 1, 1947; amended November 19, 1974, 4 Pa.B. 2449; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended July 28, 1995, effective January 1, 1996, 25 Pa.B. 3337. Immediately preceding text appears at serial pages (157225) to (157226).

Rule 1099. Trial Without Jury.

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

Source

   The provisions of this Rule 1099 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 (52298).

Rule 1100. Suspension of Acts of Assembly.

 Section 1 of the Act approved May 9, 1889, P. L. 154, No. 171, 52 P. S. §  1, insofar as it relates to actions of mandamus to recover bodies of entombed coal miners, is suspended in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c).

Source

   The provisions of this Rule 1100 adopted March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274.



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