RULE 122. SUBMISSION WITHOUT TRIAL
- (a) General: Any case not requiring a trial for the submission
of evidence (as, for example, where sufficient facts have been
admitted, stipulated, established by deposition, or included in the
record in some other way) may be submitted at any time after
joinder of issue (see Rule 38) by motion
of the parties filed with the Court. The parties need not wait for
the case to be calendared for trial and need not appear in
Court.
- (b) Burden of Proof: The fact of submission of a case, under
paragraph (a) of this Rule, does not alter the burden of proof, or
the requirements otherwise applicable with respect to adducing
proof, or the effect of failure of proof.
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