Rule 1920.31(a)(2) - Sanctions(A) The court may after reasonable notice enter an appropriate order if a party fails to file a timely income and expense statement and related papers required under Pa.R.C.P. 1920.31 or a sufficient inventory and appraisement required under Pa.R.C.P. 1920.33 including: (i) An order refusing to allow the noncomplying party to support or oppose designated claims or defenses, or prohibiting such party from introducing into evidence designated documents, testimony, or other evidence, or from introducing evidence contrary to the claim of the party obtaining the order.(ii) An order striking out pleadings, claims or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the noncomplying party.(iii) An order imposing punishment for contempt.(iv) After reasonable notice to the noncomplying party, and application by the complying party, an order directing the filing of the inventory and appraisement by a date certain.(v) Such other order as it deems just under the circumstances.(B) If, following the refusal, objection or failure of a party to comply with any provision of this rule, the court, after opportunity for hearing, enters an order compelling compliance and the order is not obeyed, the court, in a subsequent motion for sanctions, may, if the motion is granted, require the noncomplying party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses, including attorneys' fees, incurred in obtaining the order of compliance and the order for sanctions, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.(i) If the motion for sanctions is denied, the court may, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay the reasonable expenses incurred in opposing the motion, including attorneys' fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.(ii) If the motion for sanctions is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons.(C) If the filing of a motion or making of an application is for the purpose of delay or in bad faith, the court may impose on the party making the motion or application, the reasonable costs, including attorneys' fees, actually incurred by the opposing party by reason of such delay or bad faith. The court may further order that a party upon whom such costs have been imposed may neither (1) take any further steps in the suit without prior leave of court so long as such costs remain unpaid, nor (2) recover such costs if ultimately successful in the action.(D) The filing of interrogatories or answers thereof or any other discovery allowed by the court shall not relieve a party from the filing of the documents required by Pa.R.C.P. 1920.31 and 1920.33.Berk. Cnty. Pa. 1920.31(a)(2)
Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.