Current through Register Vol. 54, No. 21, May 25, 2024
Rule 1035.3 - Response. Judgment for Failure to Respond(a) Except as provided in subdivision (e), the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or(2) evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced.(b) An adverse party may supplement the record or set forth the reasons why the party cannot present evidence essential to justify opposition to the motion and any action proposed to be taken by the party to present such evidence.(c) The court may rule upon the motion for judgment or permit affidavits to be obtained, depositions to be taken or other discovery to be had or make such other order as is just.(d) Summary judgment may be entered against a party who does not respond.(e)(1) Nothing in this rule is intended to prohibit a court, at any time prior to trial, from ruling upon a motion for summary judgment without written responses or briefs if no party is prejudiced. A party is prejudiced if he or she is not given a full and fair opportunity to supplement the record and to oppose the motion.(2) A court granting a motion under subdivision (e)(1) shall state the reasons for its decision in a written opinion or on the record.The provisions of this Rule 1035.3 adopted February 14, 1996, effective 7/1/1996, 26 Pa.B. 862; amended May 16, 2003, effective 9/1/2003, 33 Pa.B. 2587.