405 – Correction of Defects in Papers.
§ 405. Correction of defects in papers. (a) Motion to correct. Either party may move to cure a defect or omission in the record, or to strike scandalous or prejudicial matter unnecessarily inserted in a pleading, or for a more definite statement of a pleading which is so vague or ambiguous that he cannot reasonably […]
R406 – Motions.
Rule 406. Motions. Motions in a special proceeding, made before the time at which the petition is noticed to be heard, shall be noticed to be heard at that time.
407 – Severance.
§ 407. Severance. The court may at any time order a severance of a particular claim, counterclaim or cross-claim, or as to a particular party, and order that, as to such claim or party, the special proceeding continue as an action or as a separate special proceeding.
408 – Disclosure.
§ 408. Disclosure. Leave of court shall be required for disclosure except for a notice under section 3123. A notice under section 3123 may be served at any time not later than three days before the petition is noticed to be heard and the statement denying or setting forth the reasons for failing to admit […]
R409 – Hearing.
Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing, each party shall furnish to the court all papers served by him. The petitioner shall furnish all other papers not already in the possession of the court necessary to the consideration of the questions involved. Where such papers are in the possession of an […]
410 – Trial.
§ 410. Trial. If triable issues of fact are raised they shall be tried forthwith and the court shall make a final determination thereon. If issues are triable of right by jury, the court shall give the parties an opportunity to demand a jury trial of such issues. Failure to make such demand within the […]
R411 – Judgment.
Rule 411. Judgment. The court shall direct that a judgment be entered determining the rights of the parties to the special proceeding.
402 – Pleadings.
§ 402. Pleadings. There shall be a petition, which shall comply with the requirements for a complaint in an action, and an answer where there is an adverse party. There shall be a reply to a counterclaim denominated as such and there may be a reply to new matter in the answer in any case. […]
403 – Notice of Petition; Service; Order to Show Cause.
§ 403. Notice of petition; service; order to show cause. (a) Notice of petition. A notice of petition shall specify the time and place of the hearing on the petition and the supporting affidavits, if any, accompanying the petition. (b) Time for service of notice of petition and answer. A notice of petition, together with […]
404 – Objections in Point of Law.
§ 404. Objections in point of law. (a) By respondent. The respondent may raise an objection in point of law by setting it forth in his answer or by a motion to dismiss the petition, made upon notice within the time allowed for answer. If the motion is denied, the court may permit the respondent […]