Section 1542. Evidentiary Hearing

In any matter addressed to the appellate court’s original jurisdiction, where it appears that a genuine issue as to a material fact has been raised by the pleadings, depositions, answers to interrogatories, stipulations of fact, admissions on file and supporting verified statements, if any, the court on its own motion or on application of any party shall, after notice to the parties, hold an evidentiary hearing for the development of the record.

Official Note

In view of Rule 106 (original jurisdiction matters) and Rule 1532 (special and summary relief), motions for judgment on the pleadings, Pa.R.C.P. 1034, summary relief and summary judgment, Pa. R. C. P. 1035, will be available where a petition for review invoking the appellate court’s original jurisdiction has been filed. The procedure under this rule is intended to be flexible, although subject to the control of the appellate court by either rule of court adopted pursuant to Rule 104(a)(3) (rules of court) or by order

See Rule 3331 regarding Review of Special Prosecutions or Investigations.

The provisions of this Rule 1542 amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3862. Immediately preceeding text appears at serial page (231658).