231 Pa. Code § 1035.2 - Motion
After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law
(1) whenever there is no genuine issue of any
material fact as to a necessary element of the cause of action or defense which
could be established by additional discovery or expert report, or
(2) if, after the completion of discovery
relevant to the motion, including the production of expert reports, an adverse
party who will bear the burden of proof at trial has failed to produce evidence
of facts essential to the cause of action or defense which in a jury trial
would require the issues to be submitted to a jury.
Notes
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