Rule 1042.41.Medical Professional Liability Actions. Scheduling Order.
Adopted March 29, 2004 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1042.41 lets any party in a medical-professional-liability case move for a scheduling order once a year has passed since the first answer, and directs the court, within thirty days, to enter one or schedule a case management conference.
(a)After one year from the date the first answer was filed in a medical professional liability action, any party to the action may file a motion requesting the court to issue a scheduling order. Upon presentation of the motion, the court shall within thirty days issue a scheduling order or schedule a case management conference.
(b)The scheduling order shall include schedules for the completion of discovery and the production of expert reports.
(c)This rule shall not apply where the court by court order or otherwise has established schedules for completion of discovery and production of expert reports.
End
Plain-English Summary
Medical malpractice cases can drift without a timetable. A year after the first answer is filed, this rule lets any party ask the court to set a schedule, and the court must respond within thirty days by entering a scheduling order or scheduling a case management conference.
The tool gives litigants a way to push a stalled case toward resolution and gives the court a moment to map out the remaining steps.
Frequently Asked Questions
When can a party ask for a scheduling order?
Any time after one year from the date the first answer was filed in the action.
How fast must the court act?
Within thirty days of the motion's presentation it must either issue a scheduling order or schedule a case management conference.
Amendment History
The provisions of this Rule 1042.41 adopted March 29, 2004, effective immediately, 34 Pa.B. 1926.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as:medical malpractice scheduling ordercase management orderscheduling order motion