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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Default Is a Certificate of Service Needed for Motion to Dismiss

    My question involves court procedures for the state of: Pennsylvania

    I am a small business owner. A one-time customer has sued me in small claims (magisterial) court for less than $1200.00 I plan on filing a Motion to Dismiss on the following grounds:

    Failure to state a claim upon which relief can
    be granted.

    Lack of subject matter or personal jurisdiction.

    Both of which can be noticed simply by reading his complaint. At a court at this level, is a certificate of service needed to accompany the motion to the court?

  2. #2
    Join Date
    Feb 2011
    Posts
    400

    Default Re: Is a Certificate of Service Needed for Motion to Dismiss

    You are required to serve a copy of your motion to dismiss (and any other pleadings you file in court) to the plaintiff by whatever means your state rules allows for.

    A certificate of service is your affirmation to the court that you served the plaintiff as required by law.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,954

    Default Re: Is a Certificate of Service Needed for Motion to Dismiss

    I expect you're talking about this?
    Quote Quoting § 33.35. Proof of service.
    There shall accompany and be attached to the original of each pleading, submittal or other document filed with an agency when service is required to be made by the parties, a certificate of service in the form prescribed by § 33.36 (relating to form of certificate of service). All other copies filed shall be fully conformed thereto.
    Shall is mandatory language - something you must do.

  4. #4
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Is a Certificate of Service Needed for Motion to Dismiss

    Thank you thank you...

    Funny thing is, I searched that PaCode website and couldn't find it...

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