OPPOSING REVISIONS TO PA RULES OF CIVIL PROCEDURE ON SUMMARY JUDGMENT
 
WHEREAS, the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania is considering revisions to the rules of civil procedure governing motions for summary judgment;

WHEREAS, the proposed revisions would shift the burden of proof to the adverse party, usually the plaintiff, which is the opposite of present motion practice;

WHEREAS, the revisions require that the adverse party come forth with evidence in order to justify opposition to a summary judgment motion;

WHEREAS, the revisions permit a summary judgment motion to be filed much earlier, i.e., as soon as adequate time for discovery has passed, than current practice;

WHEREAS, the effect of the proposed revisions will be to require plaintiffs to disclose evidence, supporting expert testimony and/or reports and litigation strategy before discovery has been completed and well before defendants are obligated to disclose the same information;

WHEREAS, present Rule 1035 of the Pennsylvania Rules of Civil Procedure governing summary judgment fairly and reasonably accommodates the interests of all parties, and has not been the subject of any complaints;

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association hereby opposes the proposed revisions of Rule 1035 of the Pennsylvania Rules of Civil Procedure governing summary judgment as set forth in Recommendation No. 124 of the Civil Procedural Rules Committee.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: January 26, 1995