231 Pa. Code | Title 231 Pa. Code — Rules of Civil Procedure

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Part I GENERAL

Chapter 100 RULES OF CONSTRUCTION

231 Pa. Code Rule 51 Title and Citation of Rules.

These rules shall be known as the Pennsylvania Rules of Civil Procedure and may be cited as ‘‘Pa.R.Civ.P.

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 52 Effective Date. Application to Pending Actions.

(a) A rule or an amendment to a rule shall be effective upon the date specified by the Supreme Court.

(b) If no effective date is specified, the rule or amendment shall be effective on the first day of July or January following the thirtieth day after its adoption, whichever is earlier.

(c) Unless the Supreme Court specifies otherwise, a rule or an amendment to a rule shall apply to actions pending on the effective date.

The provisions of this Rule 52 amended through April 5, 1982, effective July 1, 1982, 12 Pa.B. 1225. Immediately preceding text appears at serial pages (40012) and (65222).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 76 Definitions.

The following words and phrases when used in the Rules of Civil Procedure shall have the following meanings, respectively, unless the context clearly indicates otherwise or the particular word or phrase is expressly defined in the chapter in which the particular rule is included: Administrator—A fiduciary appointed under authority of law by a register of wills or other public authority to administer the estate of a decedent. Adult—An individual eighteen years of age or over. Affidavit—A statement in writing of a fact or facts signed by the person making it, that either (1) is sworn to or affirmed before an officer authorized by law to administer oaths, or before a particular officer or individual designated by law as one before whom it may be taken, and officially certified to in the case of an officer under seal of office, or (2) is unsworn and contains a statement that it is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. As now provided by law—A reference to the Acts of Assembly and rules in force at the time the rule containing the phrase was promulgated. As provided by law—A reference to the Acts of Assembly and rules in force at the particular time when the rule containing the phrase is applied. Attorney at law—An individual admitted to practice law by a court of record of this Commonwealth. Attorney of record—An attorney at law who is entered on the docket or record of a court as appearing for or representing a party in a legal proceeding. Child or children—Includes children by birth or adoption. Commonwealth—The Commonwealth of Pennsylvania. Competent adult—An individual eighteen years of age or older who is neither a party to the action nor an employee or a relative of a party. Creditor—One to whom the performance of an obligation is owed. Debtor—One who owes to another the performance of an obligation. Decedent—Either a testator or person dying intestate. Executor—A fiduciary named in a will to execute its provisions and administer the estate of the testator. Facsimile copy—A copy of a document transmitted and received by facsimile equipment. Fiduciary—An executor, administrator, guardian, committee, receiver, trustee, assignee for the benefit of creditors, and any other person, association, partnership, or corporation, acting in any similar capacity. General rule—A Rule of Civil Procedure promulgated by the Supreme Court of Pennsylvania under the authority of Article V, Section 10(c) of the Constitution of 1968 or of any Act of Assembly. Grantee—One to whom any estate or interest in real property other than a leasehold passes by conveyance. Grantor—One from or by whom any estate or interest in real property other than a leasehold passes by conveyance. Guardian—A fiduciary legally entrusted with the care and management of the person, or the estate, or both, of a person under a legal disability. Ad litem—A fiduciary who is appointed to represent in legal proceedings a person under a legal disability. Hereafter—A reference to the time after the time when the rule containing such word becomes effective. Heretofore—A reference to the time previous to the time when the rule containing such word becomes effective. Judicial sale—A sale conducted by an officer or person authorized for the purpose by some competent tribunal. Local rule—A rule of civil procedure promulgated by a court of common pleas. Majority—When used in reference to age, means of the age of eighteen years or over. Minor—An individual under the age of eighteen years. Month—A calendar month. Notary—A notary public. Oath—Includes affirmation. Person—Includes a corporation, partnership and association, as well as a natural person. Personal representative—The executor or administrator of a decedent. Political subdivision—Any county, city, borough, incorporated town, township, school district, vocational school district, county institution district or municipal or other local authority.

Official Note

The definition of the term ‘‘political subdivision in this rule has no bearing upon whether a particular entity is or is not a political subdivision for substantive matters. Property—Includes both real and personal property. Prothonotary—Includes any officer exercising the powers and performing the duties of the office of prothonotary as set forth in the Judicial Code, and includes the analogous officer in those counties which do not have a prothonotary. Publish or published or as applied to the publication of a newspaper of general circulation—Means the place where such newspaper is originally issued and circulated. Registered mail—Either registered mail or certified mail. Rule—A Rule of Civil Procedure promulgated by the Supreme Court under the authority of Article V, Section 10(c) of the Constitution of 1968, or of any Act of Assembly. Savings account—An account in a bank, building and loan association, savings and loan association or other savings institution, in which money is deposited at interest, and subject to withdrawal in whole or in part without notice or after a specified period of notice or at a specified date, and evidenced by a passbook, receipt, certificate of deposit or other muniment of title. Signature—Includes

(1) mark when the individual cannot write, the individual’s name being written near it, and witnessed by another who writes his or her own name,

(2) when used in reference to documents produced by a court of the Unified Judicial System, a handwritten signature, a copy of a handwritten signature, a computer generated signature or a signature created, transmitted, received, or stored by electronic means, by the signer or by someone with the signer’s authorization unless otherwise provided in these rules. Sworn—Includes affirmed. Verified—When used in reference to a written statement of fact by the signer, means supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Year—A calendar year.

The provisions of this Rule 76 adopted May 1, 1939, effective November 6, 1939; amended March 27, 1956, effective July 1, 1956; amended, effective December 22, 1972; amended March 28, 1973, effective July 1, 1973; amended, effective June 23, 1975, 5 Pa.B. 1819; amended November 14, 1978, effective December 2, 1978; amended October 16, 1981, effective October 16, 1981, 11 Pa.B. 3687; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended August 3, 1998, effective January 1, 1999, 28 Pa.B. 3928; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended December 29, 2000, effective July 1, 2001, 31 Pa.B. 137; amended August 19, 2005, effective October 1, 2005, 35 Pa.B. 4914. Immediately preceding text appears at serial pages (255146) and (272393) to (272395).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 101 [Rescinded].

The provisions of this Rule 101 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (255149).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 102 [Rescinded].

The provisions of this Rule 102 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (255149).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 103 [Rescinded].

The provisions of this Rule 103 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1828; rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (255149).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 104 [Rescinded].

The provisions of this Rule 104 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (255149).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 105 Bonds.

A rule requiring a bond or undertaking with sureties to be given by any person, shall be construed to permit in lieu thereof a bond given by any indemnity or surety company authorized to do business in this Commonwealth, and approved by the proper authority.

The provisions of this Rule 105 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 106 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended May 27, 1964, effective June 30, 1964; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 106 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (255150).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 107 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 107 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (255150).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 108 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 108 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (255150).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 126 Application and Construction of Rules.

(a) Application. The rules shall be liberally applied to secure the just, speedy, and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantive rights of the parties.

(b) Construction. In the construction of the Pennsylvania Rules of Civil Procedure, the principles set forth in Pa.R.J.A. 104 to 115 shall be observed.

Former Pa.R.Civ.P. 101—104, 106—108, and 127—153 were rescinded and replaced as follows:

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 126 amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial pages (255150) and (405379).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 127 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 127 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405379).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 128 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended March 22, 1962, effective April 2, 1962; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 128 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405379).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 129 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended September 26, 1990, effective January 1, 1991, 20 Pa.B. 5188.

The provisions of this Rule 129 amended June 10, 2021, effective October 1, 2021, 51 Pa.B. 3442; rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial pages (405379) to (405380).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 130 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 130 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405380).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 131 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 131 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405380).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 132 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 132 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial pages (405380) to (405381).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 133 [Rescinded].

The provisions of this Rule 133 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 151 [Rescinded].

The provisions of this Rule 151 rescinded April 5, 1982, effective April 16, 1982, 12 Pa.B. 1225. Immediately preceding text appears at serial page (22240).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 152 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 152 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

231 Pa. Code Rule 153 [Rescinded].

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

History

Source: The provisions of this Rule 153 rescinded November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (405381).

Chapter 200 BUSINESS OF COURTS

231 Pa. Code Rule 201 Agreements of Attorneys.

Agreements of attorneys relating to the business of the court shall be in writing, except such agreements at bar as are noted by the prothonotary upon the minutes or by the stenographer on the stenographer’s notes.

Official Note

Adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820. The word ‘‘prothonotary’’ refers to the court official, irrespective of title, who keeps the minutes of the court.

The provisions of this Rule 201 amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (246944).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 202 [Rescinded].

Official Note

Agreements as to contingent fees are governed by the Rules of Professional Conduct.

The provisions of Rule 202 adopted September 8, 1938, effective March 20, 1939; amended June 23, 1975, effective immediately, 5 Pa.B. 1819; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2278. Immediately preceding text appears at serial pages (143640) to (143641).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 203 [Rescinded].

Official Note

Payments by attorneys are governed by the Rules of Professional Conduct.

The provisions of Rule 203 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2278. Immediately preceding text appears at serial page (143641).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 204 [Rescinded].

Official Note

Payments to persons in connection with litigation are governed by the Rules of Professional Conduct.

The provisions of this Rule 204 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2278. Immediately preceding text appears at serial page (143641).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 204.1 Pleadings and other Legal Papers. Format.

All pleadings, motions and other legal papers must conform to the following requirements:

(1) The document shall be on 8 1/2 inch by 11 inch paper.

(2) The document shall be prepared on white paper (except for dividers and similar sheets) of good quality.

(3) The first sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc.

(4) The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Margins must be at least one inch on all four sides.

(5) The lettering shall be clear and legible and no smaller than point 12. The lettering shall be on only one side of a page, except that exhibits and similar supporting documents may be lettered on both sides of a page.

(6) Documents and papers shall be firmly bound.

The provisions of this Rule 204.1 adopted July 7, 2006, effective February 1, 2007, 36 Pa.B. 3807.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 205 [Rescinded].

Rule 205 provided that the Code of Professional Responsibility of the American Bar Association, adopted August 12, 1969 and amended February 24, 1970, was the standard of conduct for attorneys of all courts of the Commonwealth. The Committee has long felt that such a rule was properly a rule of disciplinary enforcement rather than one of civil procedure.

On June 28, 1976, the Court promulgated the Pennsylvania Rules of Disciplinary Enforcement which will become effective on October 27, of this year. The Definition of Disciplinary Rules as provided by Rule of Disciplinary Enforcement 102 incorporated the same Code of Professional Responsibility as that specified in Rule of Civil Procedure 205. In view of the duplication of the rules, the rescission was appropriate.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 205.1 Filing Legal Papers. Mailing. Personal Presentation by Attorney Not Necessary.

Any legal paper not requiring the signature of, or action by, a judge prior to filing may be delivered or mailed to the prothonotary, sheriff or other appropriate officer accompanied by the filing fee, if any. Neither the party nor the party’s attorney need appear personally and present such paper to the officer. The signature of an attorney on a paper constitutes a certification of authorization to file it. The endorsement of an address where papers may be served in the manner provided by Rule 440(a) shall constitute a sufficient registration of address. The notation on the paper of the attorney’s current Supreme Court identification number issued by the Court Administrator of Pennsylvania shall constitute proof of the right to practice in the Commonwealth. A paper sent by mail shall not be deemed filed until received by the appropriate officer.

Official Note

The address endorsed on the legal paper must be one where the paper may be handed to or mailed to the attorney. See Rule 440(a)(1).

The filing of legal documents prepared on recycled paper of good quality is encouraged.

The provisions of this Rule 205.1 amended October 29, 1976, 6 Pa.B. 2737; amended March 21, 1995, effective April 8, 1995, 25 Pa.B. 1272; amended April 29, 2003, effective September 1, 2003, 33 Pa.B. 2356. Immediately preceding text appears at serial pages (255153) to (255154) and (281405).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 205.2 Filing Legal Papers with the Prothonotary.

No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the prothonotary based on a requirement of a local rule of civil procedure or judicial administration, including local Rules 205.2(a) and 205.2(b).

Official Note

Rule 239.1(a) authorizes each court of common pleas to impose requirements governing the physical characteristics of pleadings and other legal papers. Rule 239.1(a) requires each court which has imposed requirements to promulgate a local rule, numbered Local Rule 205.2(a), listing the requirements.

Similarly, Rule 239.1(b) also authorizes each court to require pleadings and other legal papers to be accompanied by a cover sheet. Rule 239.1(b) requires each court which has imposed the requirement to promulgate a local rule, numbered Local Rule 205.2(b), stating the requirement and setting forth the form of the cover sheet.

The provisions of Rule 205.2 adopted December 5, 1985, effective January 1, 1986, 15 Pa.B. 4491; amended October 24, 2003, effective 9 months after the date of the order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial page (340379).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 205.3 Filing Pleadings and Other Legal Papers with the Prothonotary. Originals and Copies.

(a) A party may file with the prothonotary an original pleading or other legal paper, or a copy including a facsimile copy provided that the copy shows that the original pleading or other legal paper was properly signed and, where applicable, verified. Except as otherwise provided by law, the copy shall be deemed the equivalent of the original document.

Official Note

This rule does not authorize the filing of legal papers with the prothonotary by facsimile transmission, but, rather, authorized the filing of a non-original facsimile or other copy. See Rule 205.1 governing the manner of filing with the prothonotary.

See Rule 76 for the definition of facsimile copy.

The facsimile copy must be on paper of good quality. See Pa.R.A.P. 124(a)(1).

(b) If a party has filed of record a copy of a pleading or other legal paper, any other party may require the filing of the original document by filing with the prothonotary and serving upon the party who filed the copy a notice to file the original document with the prothonotary within fourteen days of the filing of the notice.

The provision of this Rule 205.3 adopted August 3, 1998, effective January 1, 1999, 28 Pa.B. 3928; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial pages (331689) to (331690).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 205.4 Electronic Filing and Service of Legal Papers.

(a)(1) A court by local rule may permit or require electronic filing of legal papers with the prothonotary and shall specify the actions and proceedings and the legal papers subject to the rule.

Official Note

This rule does not require the implementation of electronic filing by a local court.

If a court determines that legal papers may be filed electronically with the prothonotary, Rule 239.9(a) requires the court to promulgate Local Rule 205.4 which shall describe the electronic filing system program and set forth the practice and procedure for the matters required by this rule.

If a court provides that electronic filing is mandatory, it must also provide the necessary technical assistance to those parties who lack the capability to file legal papers electronically.

(2) As used in this rule, the following words shall have the following meanings:

‘‘electronic filing,’’ the electronic transmission of legal papers by means other than facsimile transmission,

‘‘filing party,’’ an attorney, party or other person who files a legal paper by means of electronic filing, and

‘‘legal paper,’’ a pleading or other paper filed in an action, including exhibits and attachments.

(b)(1) Legal papers shall be presented for filing in portable document format (‘‘pdf’’) or any other electronic format, if any, that the court by local rule designates. A paper presented for filing in a format other than portable document format shall be converted to portable document format and maintained by the prothonotary in that format.

Official Note

Rule 239.9(b)(2) requires that subdivision (b)(1) of Local Rule 205.4 specify the electronic format for presenting legal papers for filing.

(2) A legal paper filed electronically shall be deemed the original document.

(3) The electronic filing of a legal paper constitutes a certification

(i) by the filing party that a hard copy of the legal paper was properly signed and, where applicable, verified, and

(ii) as provided by Rule 1023.1(c) governing the signature to a legal paper, the violation of which shall be subject to the sanction provision of Rule 1023.1(d).

(4) The filing party shall maintain the signed hard copy of the document filed for two years after the later of

(i) the disposition of the case,

(ii) the entry of an order resolving the issue raised by the legal paper, or

(iii) the disposition by an appellate court of the issue raised by the legal paper.

(5) Any other party at any time may serve upon the filing party a notice to produce for inspection the signed hard copy within fourteen days of the service of the notice. The court upon motion may grant appropriate sanctions for failure to produce the signed hard copy pursuant to the notice.

(c)(1) The prothonotary when authorized to accept filings by electronic transmission shall provide electronic access at all times.

(2) The prothonotary may designate a website for the electronic filing of legal papers. Access to the website shall be available by the attorney identification number issued by the Court Administrator of Pennsylvania. The court by local rule shall designate the manner of access to the website for a filing party who is not an attorney.

Official Note

Rule 239.9(b)(3) requires that subdivision (c)(2) of Local Rule 205.4 specify the manner of access to the website by a filing party who is not an attorney.

(3) The time and date of filing submission and receipt of the legal paper to be filed electronically shall be that registered by the electronic filing system. The prothonotary shall provide, through the electronic filing system’s website, an acknowledgement that the legal paper has been received, including the date and time of receipt, in a form which can be printed for retention by the filing party.

(d)(1) A filing party shall pay the cost of the electronic filing of a legal paper by approved credit or debit card, or by advance deposit of sufficient funds with the prothonotary if the court by local rule so provides.

(2) A filing party who presents the legal paper for electronic filing in person at the office of the prothonotary shall pay the cost by a method prescribed by paragraph (1) or by check or cash.

(3) If a court has designated a third party to operate the electronic filing system, the filing party shall pay the cost of the electronic filing to the prothonotary or to the third party operator in the manner provided by local rule.

Official Note

Rule 239.9(b)(4) requires that subdivision (d)(1) of Local Rule 205.4 list the credit and debit cards approved by the court or the prothonotary, and state whether the filing fee may be paid by depositing, in advance, sufficient funds with the prothonotary.

Rule 239.9(b)(5) provides for subdivision (d)(3) of Local Rule 205.4 to govern the payment of the filing fee to a third party operator, if applicable.

(e)(1) A filing party shall be responsible for any delay, disruption, interruption of the electronic signals and legibility of the document electronically filed, except when caused by the failure of the electronic filing system’s website.

Official Note

The filing party accepts the risk that a document filed by means of electronic filing may not be properly or timely filed with the prothonotary.

(2) No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the prothonotary or the electronic filing system based upon a requirement of a local rule or local administrative procedure or practice pertaining to the electronic filing of legal papers.

Official Note

See also Rule 205.2 governing filing legal papers with the prothonotary.

(3) If a pleading or other legal paper is not accepted upon presentation for filing or is refused for filing by the electronic filing system, the prothonotary or the electronic filing system, as may be appropriate, shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or refused for filing by the system, and the reason therefor.

(4)(i) The court upon motion shall resolve any dispute arising under paragraphs (1) and (2) of this subdivision.

(ii) If a party makes a good faith effort to electronically file a legal paper but it is not received, accepted or filed by the electronic filing system, the court may order that the paper be accepted and filed nunc pro tunc upon a showing that reasonable efforts were made to timely present and file the paper.

(f) When electronic filing is permitted as set forth in subdivision (a)(1), the court by local rule shall provide for

(1) a filing status message to the filing party,

(2) the maintenance by the prothonotary of an electronic file only, or of such electronic and such hard copy files as set forth in the rule,

Official Note

A hard copy file is not required by this rule. If the local rule requires a hard copy file, the requirement may extend to all cases or only to certain specified cases. For example, the court may require hard copy files for cases listed for trial or scheduled for argument while maintaining only electronic files for all other cases.

(3) additional procedures, if necessary, to ensure the security of the web site and the electronic files,

(4) procedures for the payment of prothonotary’s fees and costs, and

(5) such other procedures and matters necessary to the operation of a system of electronic filing.

Official Note

Rule 239.9(b)(6) provides that subdivision (f) of Local Rule 205.4 must set forth the practice and procedure with respect to the matters required by subdivision (f) of this rule.

(g)(1) Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served

(i) as provided by Rule 440 or

(ii) by electronic transmission, other than facsimile transmission, if the parties agree thereto or an electronic mail address is included on an appearance or prior legal paper filed with the court in the action. A paper served electronically is subject to the certifications set forth in subdivision (b)(3).

(2) Service by electronic transmission is complete when a legal paper is sent

(i) to the recipient’s electronic mail address, or

(ii) to an electronic filing system website and an e-mail message is sent to the recipient by the electronic filing system that the legal paper has been filed and is available for review on the system’s website.

Official Note

Upon the electronic filing of a legal paper other than original process, the electronic filing system may automatically send notice of the filing to all parties who have agreed to service by electronic transmission or whose e-mail address is included on an appearance or prior legal paper filed in connection with the action. If the electronic filing system sends notice of such filing, the party filing the legal paper only need serve those parties who are not served by the electronic filing system.

An electronic mail address set forth on letterhead is not a sufficient basis under this rule to permit electronic service of legal papers.

See Rule 236(d) providing for the prothonotary to give notice of orders and judgments, and also other matters, by facsimile transmission or other electronic means.

See Rule 440(d) governing service of legal papers other than original process by facsimile transmission.

(h) A judicial district which implements an electronic filing system pursuant to this rule is exempt from the requirements of Rule 205.5 governing cover sheets, provided the electronic filing system has the capability of gathering and transmitting to the Administrative Office of Pennsylvania Courts all the information required by Rule 205.5(e).

The provisions of this § 205.4 adopted June 14, 1999, effective July 1, 1999, 29 Pa.B. 3189; amended November 28, 2000, effective January 1, 2001, 30 Pa.B. 6421; amended June 8, 2001, effective July 1, 2001, 31 Pa.B. 3305; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended May 19, 2005, effective immediately, 35 Pa.B. 3289; amended March 27, 2006, effective immediately, 36 Pa.B. 1745; amended November 14, 2007, effective December 14, 2007, 37 Pa.B. 6258; amended February 25, 2010, effective in ninety days, 40 Pa.B. 1395. Immediately preceding text appears at serial pages (340380) and (331691) to (331693).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 205.5 Cover Sheet.

(a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following:

(i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq.

(ii) actions for support, Rules 1910.1 et seq.

(iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq.

(iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq.

(v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq.

(vi) voluntary mediation in custody actions, Rules 1940.1 et seq.

(2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary.

Official Note

When a defendant in an action before a magisterial district court appeals the decision to the court of common pleas, the plaintiff in the action before the magisterial district court shall complete the cover sheet when filing the complaint with the prothonotary.

(b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet.

(d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule.

Official Note

Pa.R.C.P. No. 205.4 provides for electronic filing and service of legal papers. Rule 205.4(h) permits a judicial district which has implemented an electronic filing system to be exempt from the requirements of this rule provided that the information to be gathered by the cover sheet can be captured and transmitted to the Administrative Office of Pennsylvania Courts by the electronic filing system.

Pa.R.C.P. No. 239.9 provides for the promulgation of a local rule, numbered Local Rule 205.4, governing procedures for electronic filing specific to a judicial district.

(e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the web site of the Administrative Office of Pennsylvania Courts at www.pacourts.us.

Official Note

Cover sheets developed by a judicial district may be used in addition to the cover sheet required by this rule. See Rule 239.1, which requires a court that uses local cover sheets to promulgate a local rule, numbered Local Rule 205.2(b), setting forth the form of cover sheet.

The provisions of this § 205.5 adopted February 25, 2010, effective in ninety days, 40 Pa.B. 1395; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (369601) to (369602).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 205.6 Confidential Information and Confidential Documents. Certification.

Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a document pursuant to these rules with the prothonotary’s office shall comply with the requirements of Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form or a Confidential Document Form in accordance with the Policy.

Applicable authority includes but is not limited to statute, procedural rule or court order. The Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) can be found on the website of the Supreme Court of Pennsylvania at https://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

The Confidential Information Form and the Confidential Document Form can be found at https://www.pacourts.us/public-records.

The provisions of this Rule 205.6 adopted January 5, 2018, effective January 6, 2018, 48 Pa.B. 475; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3519; amended December 1, 2021, effective January 1, 2022, 51 Pa.B. 7619. Immediately preceding text appears at serial page (392596).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 206 [Rescinded].

The provisions of this Rule 206 amended October 16, 1981, effective October 16, 1981, 11 Pa.B. 3687; rescinded September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092. Immediately preceding text appears at serial page (196997).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 206.1 Petition. Definition. Content. Form.

(a) As used in this chapter, ‘‘petition’’ means

(1) an application to strike and/or open a default judgment or a judgment of non pros, and

(2) any other application which is designated by local rule, numbered Local Rule 206.1(a), to be governed by Rule 206.1 et seq.

Official Note

A petition for relief from a judgment by confession is governed by Rule 2959.

Motions are governed by Rule 208.1 et seq.

Rule 206.1(a)(2) authorizes each court of common pleas to designate applications which are to proceed in the manner of a petition under Rule 206.1 et seq. Rule 239.2(a) requires each court which has made that designation to promulgate a local rule, numbered Local Rule 206.1(a), listing the applications to be determined pursuant to Rule 206.1 et seq.

(b) A petition shall specify the relief sought and state the material facts which constitute the grounds therefor. All grounds for relief, whether to strike or open a default judgment, shall be asserted in a single petition.

(c) A petition shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation.

Official Note

Petitions are subject to Rule 440 governing service of legal papers other than original process, Rule 1023.1 governing the signing of documents, and Rule 1025 governing the endorsement of legal papers. Any requirements of a court relating to the format of a petition and cover sheet must be set forth in local rules numbered Local Rule 205.2(a) and Local Rule 205.2(b).

The provisions of this Rule 206.1 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended October 21, 2013, effective November 21, 2013, 43 Pa.B. 6648; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (369602) to (369603).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 206.2 Answer.

(a) An answer shall state the material facts which constitute the defense to the petition.

(b) An answer to a petition shall be divided into paragraphs, numbered consecutively, corresponding to the numbered paragraphs of the petition.

The provisions of this Rule 206.2 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 206.3 Verification.

A petition or an answer containing an allegation of fact which does not appear of record shall be verified.Official Note: See Rule 76 for the definition of ‘‘verified.’’

The provisions of this Rule 206.3 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 206.4 Rule to Show Cause. Alternative Procedures. Exception.

(a)(1) Except as provided by subparagraph (2), a petition shall proceed upon a rule to show cause, the issuance of which shall be discretionary with the court as provided by Rule 206.5 unless the court by local rule adopts the procedure of Rule 206.6 providing for issuance as of course.

Official Note

See Rule 440 requiring service of the petition upon every other party to the action.

(2) A judgment shall be stricken without the issuance of a rule to show cause when there is a defect on the face of the record that constitutes a ground for striking a default judgment.

(b) The procedure following issuance of the rule to show cause shall be in accordance with Rule 206.7.

Official Note

Subdivisions (b) through (e) of Rule 239.2 require every court to promulgate Local Rule 206.4(c) describing the court’s procedures for the issuance of a rule to show cause.

The provisions of this Rule 206.4 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092; amended October 24, 2003, effective 9 months from the date of the Order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended October 21, 2013, effective November 21, 2013, 43 Pa.B. 6648; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (369603) to (369604).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 206.5 Rule to Show Cause. Discretionary Issuance. Stay. Form of Order. Rule Inapplicable to Petition to Strike Default Judgment.

(a) Rescinded.

(b) A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed by subdivision (d) and give notice to all other parties of the intention to request the court to issue the rule.

(c) If the petition is within the scope of Rule 206.1(a), is properly pleaded, and states prima facie grounds for relief, the court shall enter an order issuing a rule to show cause and may grant a stay of the proceedings.

(d) The form of order required by subdivision (b) shall be substantially in the following form:

(CAPTION)

ORDER

AND NOW, this

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 206.6 Rule to Show Cause. Issuance as of Course. Stay. Form of Order.

(a) A rule to show cause shall be issued as of course upon the filing of the petition. The rule shall direct that an answer be filed to the petition within twenty days after service of the petition on the respondent.

(b) The court may grant a stay of the proceedings.

(CAPTION)

ORDER

AND NOW, this

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 206.7 Procedure After Issuance of Rule to Show Cause.

(a) If an answer is not filed, all averments of fact in the petition may be deemed admitted for the purposes of this subdivision and the court shall enter an appropriate order.

(b) If an answer is filed raising no disputed issues of material fact, the court on request of the petitioner shall decide the petition on the petition and answer.

(c) If an answer is filed raising disputed issues of material fact, the petitioner may take depositions on those issues, or such other discovery as the court allows, within the time set forth in the order of the court. If the petitioner does not do so, the petition shall be decided on petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted for the purpose of this subdivision.

(d) The respondent may take depositions, or such other discovery as the court allows.

The provisions of this Rule 206.7 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 207 [Rescinded].

The provisions of this Rule 207 rescinded September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092. Immediately preceding text appears at serial page (196998).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 207.1 Motion to Exclude Expert Testimony Which Relies Upon Novel Scientific Evidence.

(a) If a party moves the court to exclude expert testimony which relies upon novel scientific evidence, on the basis that it is inadmissible under Pa.R.E. 702 or 703,

(1) the motion shall contain:

(i) the name and credentials of the expert witness whose testimony is sought to be excluded,

(ii) a summary of the expected testimony of the expert witness, specifying with particularity that portion of the testimony of the witness which the moving party seeks to exclude,

(iii) the basis, set forth with specificity, for excluding the evidence,

(iv) the evidence upon which the moving party relies, and

(v) copies of all relevant curriculum vitae and expert reports;

(2) any other party need not respond to the motion unless ordered by the court;

(3) the court shall initially review the motion to determine if, in the interest of justice, the matter should be addressed prior to trial. The court, without further proceedings, may determine that any issue of admissibility of expert testimony be deferred until trial; and

(4) the court shall require that a response be filed If it determines that the matter should be addressed prior to trial.

Official Note

This rule establishes procedures for motions to exclude expert testimony which relies upon novel scientific evidence. The rule does not address the requirements for the admission of expert testimony under Pa.R.E. 702 and 703, which are governed by case law. It also does not address motions under those rules on other grounds.

The court has discretion in the manner in which it determines the motion. While depositions of expert witnesses and evidentiary hearings are available to the court for this purpose, they should be utilized in limited circumstances. See the limitations set forth in Rule 4003.5 governing discovery of expert testimony.

In deciding whether to address prior to trial the admissibility of the testimony of an expert witness, the following factors are among those which the court should consider: the dispositive nature or significance of the issue to the case, the complexity of the issue involved in the testimony of the expert witness, the degree of novelty of the proposed evidence, the complexity of the case, the anticipated length of trial, the potential for delay of trial, and the feasibility of the court evaluating the expert witness’ testimony when offered at trial.

When a ruling on a pre-trial motion to exclude the testimony of an expert witness is deferred until trial, the trial judge may choose to decide the motion (1) before the expert witness testifies on the basis of evidence offered outside the presence of the jury or (2) after the expert witness testifies on the basis of testimony offered at trial, in which event the trial judge will strike the testimony of the expert witness if it is found to be inadmissible under Pa.R.E. 702 or 703. However, hearings on preliminary matters must be conducted outside the presence of the jury ‘‘when the interests of justice require.’’ See Pa.R.E. 104.

(b) A party is not required to raise the issue of the admissibility of testimony of an expert witness prior to trial unless the court orders the party to do so.

The provisions of this Rule 207.1 adopted January 22, 2001, effective July 1, 2001, 31 Pa.B. 629.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 208 [Rescinded].

The provisions of this Rule 208 rescinded September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092. Immediately preceding text appears at serial page (196998).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 208.1 Motion. Definition. Scope.

(a) As used in this chapter, ‘‘motion’’ means any application to the court for an order made in any civil action or proceeding except as provided by subdivision (b)(1) and (2).

(b)(1) The rules of this chapter shall not apply to the following matters:

(i) preliminary objections (Rule 1028),

(ii) motions for judgment on the pleadings (Rule 1034) and for summary judgment (Rule 1035.1 et seq.),

(iii) requests for special relief, including preliminary injunctions,

(iv) motions relating to the conduct of the trial, including motions for nonsuit pursuant to Rule 218, motions relating to jury selection, motions to exclude expert testimony pursuant to Rule 207.1, motions in limine, and motions made during the course of the trial,

(v) motions for post-trial relief (Rule 227.1),

(vi) motions for delay damages (Rule 238),

(vii) petitions (Rule 206.1), and

(viii) petitions for relief from a judgment by confession (Rule 2959).

(2) The rules of this chapter shall not apply to motions arising in the following actions or proceedings:

(i) asbestos litigation and cases otherwise designated by the court for special management (Rules 1041.1 and 1041.2),

(ii) actions in replevin (Rule 1071 et seq.),

(iii) class actions (Rule 1701 et seq.),

(iv) family law actions (Rules 1901 through 1940.9), and

(v) proceedings in Orphans’ Court.

The provisions of this Rule 208.1 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 208.2 Motion. Form. Content.

(a) A motion shall

(1) contain a caption setting forth the name of the court, the number of the action, the name of the motion, and the name of the moving party,

(2) be divided into paragraphs numbered consecutively,

(3) set forth material facts constituting grounds for the relief sought, specify the relief sought and include a proposed order,

(4) include a certificate of service which sets forth the manner of service including the name of an attorney of record for each party that is represented by counsel, the party whom the attorney represents, a ‘‘pro se’’ designation for each party that is unrepresented, and the address at which service was made, and

(5) be signed and endorsed.

Official Note

Motions are subject to Rule 440 governing service of legal papers other than original process, Rule 1023.1 governing the signing of documents, and Rule 1025 governing the endorsement of legal papers. Any requirements of a court relating to the format of a motion and cover sheet must be set forth in local rules numbered Local Rule 205.2(a) and Local Rule 205.2(b).

(b) A motion need not be verified unless verification is required by general rule governing the particular motion or by order of court.

Official Note

Rule 239.3(a) authorizes a court to require that a motion include a brief statement of the applicable authority. Rule 239.3(a) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(c), stating the requirement.

Rule 239.3(b) also authorizes each court to provide a certification requirement for a motion as uncontested. Rule 239.3(b) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(d), stating the requirement.

Similarly, Rule 239.3(c) authorizes each court of common pleas to require the moving party in any motion relating to discovery to certify that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. Rule 239.3(c) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(e), stating the requirement.

The provisions of this Rule 208.2 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended October 15, 2004, effective immediately, 34 Pa.B. 5889; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceeding text appears at serial pages (369608) to (369609).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 208.3 Alternative Procedures.

(a) Except as otherwise provided by subdivision (b), the court shall initially consider a motion without written responses or briefs. For a motion governed by this subdivision, the court may not enter an order that grants relief to the moving party unless the motion is presented as uncontested or the other parties to the proceeding are given an opportunity for an argument.

Official Note

Rule 208.3(a) does not prevent a court from denying the moving party’s request for relief without the opportunity for an argument where the motion is procedurally defective, is untimely filed or fails to set forth adequate grounds for relief.

Parties may choose to submit responses and briefs at the time of the presentation, provided that copies have been served on every other party. However, parties are not required to do so.

Rule 239.3(d) requires every court to promulgate Local Rule 208.3(a) describing the local court procedure governing motions under this rule.

(b) A court, by local rule, numbered Local Rule 208.3(b), may impose requirements with respect to motions listed in the rule for the filing of a response, a brief or both. Where a response is required, any party opposing a motion governed by Local Rule 208.3(b) shall file the response within twenty days after service of the motion, unless the time for filing the response is modified by court order or enlarged by local rule.

Official Note

Motions are governed by the procedure in subdivision (a) unless the court by local rule designates particular types of motions to be governed by the procedure in subdivision (b).

The twenty-day response period may be extended or reduced by special order of court. A local rule may only extend the time period.

A response shall be filed by any party opposing a motion governed by subdivision (b) even if there are no contested issues of fact because the response is the opposing party’s method of indicating its opposition.

Rule 208.3(b) authorizes each court of common pleas to impose requirements of responses and briefs with respect to designated motions. Rule 239.3(e) requires each court which has imposed such requirements to promulgate a local rule, numbered Local Rule 208.3(b), listing the motions and the requirements.

Rule 239.3(e) also provides that Local Rule 208.3(b) must describe the local court procedure governing motions under subdivision (b) and may allow the court to treat the motion as uncontested if a response is not filed.

The provisions of this Rule 208.3 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (369609) to (369610).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 208.4 Initial Consideration of Motion. Court Orders. Issues of Disputed Fact.

(a) At the initial consideration of a motion, the court may enter an order that

(1) disposes of the motion, or

(2) sets forth the procedures the court will use for deciding the motion which may include one or more of the following:

(i) the filing of initial or supplemental responses,

(ii) the filing of initial or supplemental briefs,

(iii) the filing of affidavits, depositions and the like,

(iv) the issuance of a rule to show cause pursuant to subdivision (b) of this rule,

(v) the holding of an evidentiary hearing, and

(vi) the entry of an order providing for any other procedure for developing the record.

(b)(1) If the moving party seeks relief based on disputed facts for which a record must be developed, the court, upon its own motion or the request of any party including the moving party, may enter an order in the form set forth in paragraph (2) providing for the issuance of a rule to show cause. The procedure following issuance of the rule to show cause shall be in accordance with Rule 206.7.

Official Note

A court will not necessarily utilize the rule to show cause procedure of subdivision (b) because other methods for developing the record, such as the filing of affidavits, may be the most efficient and appropriate manner for developing a record.

(2) The order required by paragraph (1) shall be substantially in the following form:

AND NOW,

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 209 [Rescinded].

The provisions of this Rule 209 rescinded September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092. Immediately preceding text appears at serial page (196998).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 210 Form of Briefs.

Briefs shall be typewritten, printed, or otherwise duplicated, and endorsed with the name of the case, the court and number and the name, address, and telephone number of the attorney or the party if not represented by an attorney.

Official Note

Rule 239.4 authorizes each court of common pleas to impose additional requirements governing the form and content of a brief. Rule 239.4 requires each court which has imposed such requirements to promulgate a local rule, numbered Local Rule 210, listing the requirements.

The provisions of this Rule 210 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial page (379526).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 211 Oral Arguments.

Any interested party may request oral argument on a motion. The court may require oral argument, whether or not requested by a party. The court may dispose of any motion without oral argument.

The provisions of this Rule 211 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended October 26, 2015, effective January 1, 2016, 45 Pa.B. 6480. Immediately preceding text appears at serial page (369612).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 212 Pre-Trial Conference.

(Editor’s Note: Rule 212 was renumbered as Rule 212.3 pursuant to an order dated August 11, 1997, effective December 1, 1997.)

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 212.1 Civil actions to be tried by jury. Notice of earliest trial date. Time for completing discovery and filing pre-trial statement.

(a) In a civil action in which the damages sought exceed the jurisdictional limit for compulsory arbitration and which is to be tried by a jury, notice shall be given by the court of the earliest date on which the case may be tried. The notice should be given at least thirty days before the plaintiff’s pre-trial statement is due to be filed. The notice may include a date by which discovery shall be completed.

Official Note

It is not intended by this rule to change the form and manner of notice of trial.

(b) A pre-trial statement shall be filed.

(1) by the plaintiff not later than sixty days prior to the earliest trial date,

(2) by the defendant not later than thirty days prior to the earliest trial date, and

(3) by an additional defendant not later than fifteen days prior to the earliest trial date.

Official Note

A copy of the pre-trial statement must be served upon every other party to the action. See Rule 440(a).

(c) (1) The times set forth in subdivision (b) may be made earlier by published local rule or by special order or as set forth in a trial list published in the county law journal or otherwise made available to the parties.

(2) The times set forth in subdivision (b) may be made later by published local rule or by special order in a particular case.

Official Note

In a county which requires that discovery be completed and expert reports be exchanged prior to listing a case for trial, the court by local rule may provide for the simultaneous filing of pre-trial statements.

The court by local rule may extend Rules 212.1 and 212.2 to apply to actions to be tried non-jury as well as by jury and to other forms of action in addition to civil actions.

The provisions of this Rule 212.1 adopted August 11, 1997, effective December 1, 1997, 27 Pa.B. 4426.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 212.2 Civil actions to be tried by jury. Pre-trial statement. Content. Sanctions.

(a) A pre-trial statement shall contain

(1) a brief narrative statement of the case;

(2) a list of the types and amounts of all damages claimed;

(3) a list of the names and addresses of all persons who may be called as witnesses by the party filing the statement, classifying them as liability or damage witnesses. A reference which does not state the name of the witness shall be permitted when the witness is described by title or representative capacity;

Official Note

A listing of ‘‘anyone named in discovery’’ is insufficient under this rule. A listing of a ‘‘records custodian’’ of a specific entity is a sufficient listing.

This rule does not contemplate that the pre-trial statement include a list of witnesses for use in rebuttal or for impeachment. These matters are governed by case law.

(4) a list of all exhibits which a party intends to use at trial;

Official Note

This rule does not contemplate that the pre-trial statement include a list of exhibits for use in rebuttal or for impeachment. These matters are governed by case law.

(5) a copy of the written report, or answer to written interrogatory consistent with Rule 4003.5, containing the opinion and the basis for the opinion of any person who may be called as an expert witness;

Official Note

The notes or records of a physician may be supplied in lieu of written reports.

(6) stipulations of the parties, if any; and

(7) such additional information as the court by local rule or special order may require.

(b) The exhibits listed in the pre-trial statement, or copies thereof, shall be made available by the party filing the statement.

(c) Where the trial judge determines that unfair prejudice shall occur as the result of non-compliance with subdivisions (a) and (b), the trial judge shall grant appropriate relief which may include

(1) The preclusion or limitation of the testimony of

(i) any witness whose identity is not disclosed in the pre-trial statement, or

(ii) any expert witness whose opinions have not been set forth in the report submitted with the pre-trial statement or otherwise specifically referred to in the pre-trial statement, consistent with Rule 4003.5, and

(2) the preclusion of exhibits not listed in the pre-trial statement and made available.

The provisions of this § 212.2 adopted August 11, 1997, effective December 1, 1997, 27 Pa.B. 4426.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 212.3 Pre-Trial Conference.

(a) In any action at any time the court, sua sponte or on motion of any party, may direct the attorneys for the parties or any unrepresented party to appear for a conference to consider:

(1) The simplification of the issues;

(2) The entry of a scheduling order;

(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(4) The limitation of the number of expert witnesses;

(5) Settlement and/or mediation of the case;

Official Note

See Rule 212.5 for procedures governing a settlement conference.

(6) Such other matters as may aid in the disposition of the action.

(b) A court may require, pursuant to a court order, various parties to attend a pre-trial conference, including an insurance or similar representative, who has authority to negotiate and settle the case.

(c) In the absence of a court order, at any pre-trial conference held after the filing of the pre-trial statements and that will involve settlement discussions:

(1) prior to the conference date, the attorneys for the parties, or the parties if unrepresented, shall engage in good faith efforts to resolve the case;

(2) an attorney who will be trying the case, or another attorney who has sufficient knowledge of the claims asserted, defenses presented, relief sought and legal issues raised, and has the authority to act on behalf of the client shall attend the pre-trial conference; and

(3) an insurance or similar representative, who has authority to negotiate and settle the case, must either attend the pre-trial conference or be promptly available by telephone.

(d) The court may make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order when entered shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice.

(e) The court may establish by rule a pre-trial list on which actions may be placed for consideration as above provided, and may either confine the list to jury actions or to non-jury actions, or extend it to all actions.

The provisions of this Rule 212 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; renumbered Rule 212.3 and amended August 11, 1997, effective December 1, 1997, 27 Pa.B. 4426; amended December 15, 2010, effective January 15, 2011, 41 Pa.B. 214. Immediately preceding text appears at serial page (293818).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 212.4 Applicability of Rules. Eminent Domain.

(a) The name of a valuation expert and his or her statement of valuation required to be served on the opposing party by Section 703(2) of the Eminent Domain Code shall be served within the time provided for the filing of a pre-trial statement by Rule 212.1. A party failing to comply with this rule shall be subject to the sanctions set forth in Rule 212.2(c)

(b) Section 703(2) of the Eminent Domain Code, 26 P.S. § 1-703(2), is suspended only insofar as it provides for the name and report of the valuation expert to be served at least ten days before the commencement of the trial.

The provisions of this Rule 212.4 adopted October 8, 2002, effective January 1, 2003, 23 Pa.B. 5262

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 212.5 Settlement Conference.

(a) At any time, the court, sua sponte or on motion of any party, may enter an order in the form provided in Rule 212.6 scheduling a settlement conference, the purpose of which is to resolve the litigation. Prior to the conference date, the attorneys for the parties, or the parties if unrepresented, shall engage in good faith efforts to resolve the case.

(b) At a settlement conference scheduled pursuant to this rule,

(1) an attorney who will be trying the case, or another attorney who has sufficient knowledge of the claims asserted, defenses presented, relief sought and legal issues raised, and has the authority to act on behalf of the client shall attend the settlement conference;

(2) an insurance or similar representative, who has authority to negotiate and settle the case must be present at the conference, unless the court permits the representative to ensure that he or she will be available by telephone; and

(3) the court shall have discretion to order the attendance of other individuals as reasonably necessary to accomplish resolution of the case.

Official Note

Rule 212.3 governs a pre-trial conference which includes consideration of matters relating to the trial of a case. A settlement conference pursuant to this rule considers only the settlement of litigation.

The provisions of this Rule 212.5 adopted December 15, 2010, effective January 15, 2011, 41 Pa.B. 214.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 212.6 Settlement Conference. Form of Order.

An order scheduling a settlement conference pursuant to Rule 212.5 shall be substantially in the following form:

For the above-captioned case, a settlement confer ence pursuant to Rule 212.5 has been scheduled before

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 213 Consolidation, Severance and Transfer of Actions and Issues within a County. Actions for Wrongful Death and Survival Actions.

(a) In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court on its own motion or on motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay.

(b) The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order a separate trial of any cause of action, claim, or counterclaim, set-off, or cross-suit, or of any separate issue, or of any number of causes of action, claims, counter-claims, set-offs, cross-suits, or issues.

(d) [Rescinded]

(e) A cause of action for the wrongful death of a decedent and a cause of action for the injuries of the decedant which survives his or her death may be enforced in one action, but if independent actions are commenced they shall be consolidated for trial.

(1) If independent actions are commenced or are pending in the same court, the court, on its own motion or the motion of any party, shall order the actions consolidated for trial.

(2) If independent actions are commenced in different courts, the court in which the second action was commenced, on its own motion or the motion of any party, shall order the action transferred to the court in which the first action was commenced.

(3) If an action is commenced to enforce one cause of action, the court, on its own motion or the motion of any party, may stay the action until an action is commenced to enforce the other cause of action and is consolidated therewith or until the commencement of such second action is barred by the applicable statute of limitation.

(f) When an action is commenced in a court which has no jurisdiction over the subject matter of the action it shall not be dismissed if there is another court of appropriate jurisdiction within the Commonwealth in which the action could originally have been brought but the court shall transfer the action at the cost of the plaintiff to the court of appropriate jurisdiction. It shall be the duty of the prothonotary or clerk of the court in which the action is commenced to transfer the record together with a certified copy of the docket entries to the prothonotary or clerk of the court to which the action is transferred.

Official Note

Adopted September 8, 1938, effective March 20, 1939; amended and effective June 7, 1940; amended and effective October 1, 1942; amended June 27, 1969 and effective September 1, 1969; amended June 23, 1975, effective immediately, 5 Pa.B. 1819. Subdivisions (c) and (d) have been rendered unnecessary in view of the abolition of the former Municipal Court of Philadelphia and the County Court of Allegheny County by the Constitution of 1968.

For transfer of actions from counties of improper venue, see Rule 1006(e).

Prior to 1969, two county courts existed in Pennsylvania. The Municipal Court of Philadelphia was created by the Act of July 12, 1913, P. L. 711, § 1, 17 P. S. § 681, and subsequently renamed the County Court of Philadelphia by the Act of July 17, 1961, P. L. 781, § 1, 17 P. S. § 705. The County Court of Allegheny County was created by the Act of May 5, 1911, P. L. 198, § 1, 17 P. S. § 621. Both of these courts were abolished by the Constitution of 1968.

Business of the Court Rules 213(c) and (d) refer to transfers between county courts and common pleas courts. Joinder of Parties Rule 2231(b) is predicated on the jurisdiction of the county courts. These sub-divisions are obsolete.

Trespass Rule 1044(c) refers to county courts. This reference is also obsolete.

Rules 213(c) and (d) and 2231(b) have been rescinded and the reference to a county court in Rule 1044(c) has been deleted. Appropriate notes have been added to each Rule.

The provisions of this Rule 213 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2276; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (233995) to (233996).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 213.1 Coordination of Actions in Different Counties.

(a) In actions pending in different counties which involve a common question of law or fact or which arise from the same transaction or occurrence, any party, with notice to all other parties, may file a motion requesting the court in which a complaint was first filed to order coordination of the actions. Any party may file an answer to the motion and the court may hold a hearing.

(b) The court in which the complaint was first filed may stay the proceedings in any action which is the subject of the motion.

(c) In determining whether to order coordination and which location is appropriate for the coordinated proceedings, the court shall consider, among other matters:

(1) whether the common question of fact or law is predominating and significant to the litigation;

(2) the convenience of the parties, witnesses and counsel;

(3) whether coordination will result in unreasonable delay or expense to a party or otherwise prejudice a party in an action which would be subject to coordination;

(4) the efficient utilization of judicial facilities and personnel and the just and efficient conduct of the actions;

(5) the disadvantages of duplicative and inconsistent rulings, orders or judgments;

(6) the likelihood of settlement of the actions without further litigation should coordination be denied.

(d) If the court orders that actions shall be coordinated, it may

(1) stay any or all of the proceedings in any action subject to the order, or

(2) transfer any or all further proceedings in the actions to the court or courts in which any of the action is pending, or

(3) make any other appropriate order.

(e) In the order of coordination, the court shall include the manner of giving notice of the order to all parties in all actions subject thereto and direct that specified parties pay the costs, if any, of coordination. The court shall also order that a certified copy of the order of coordination be sent to the courts in which the actions subject to the order are pending, whereupon whose courts shall take such action as may be appropriate to carry out the coordination order.

(f) The final order disposing of a coordinated action or proceeding shall be certified and sent to the court in which the action was originally commenced to be filed of record.

The provisions of this Rule 213.1 adopted April 4, 1990, effective July 1, 1990, 20 Pa.B. 2276.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 214 Preferences on Trial Lists.

Preference shall be given in the preparation of trial lists to

(1) cases in which a new trial has been granted, and

(2) such cases as the court upon application and cause shown may designate.

The provisions of this Rule 214 adopted September 8, 1938, effective March 20, 1939; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended July 23, 2002, effective immediately, 32 Pa.B. 3886. Immediately preceding text appears at serial pages (255164) to (255165).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 215 [Rescinded].

The provisions of this Rule 215 adopted September 8, 1938, effective March 20, 1939; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended July 23, 2002, effective immediately, 32 Pa.B. 3886. Immediately preceding text appears at serial page (255165).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 215.1 [Rescinded].

Official Note

The subject matter of former Rule 215.1 governing the duty of common pleas courts in Commonwealth Court jury trial cases is now governed by Rule 3735 of the Pennsylvania Rules of Appellate Procedure, adopted November 5, 1975 and effective July 1, 1976.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 216 Grounds for Continuance.

(a) The following are grounds for continuance:

(1) Agreement of all parties or their attorneys, if approved by the Court;

(2) Illness of counsel of record, a material witness, or a party. If requested a certificate of a physician shall be furnished, stating that such illness will probably be of sufficient duration to prevent the ill person from participating in the trial;

(3) Inability to subpoena or to take testimony by deposition, commission, or letters rogatory, of any material witness, shown by affidavit which shall state:

(i) The facts to which the witness would testify if present or if deposed;

(ii) The grounds for believing that the absent witness would so testify;

(iii) The efforts made to procure the attendance or deposition of such absent witness; and

(iv) The reasons for believing that the witness will attend the trial at a subsequent date, or that the deposition of the witness can and will be obtained.

(4) Such special ground as may be allowed in the discretion of the court;

(5) The scheduling of counsel to appear at any proceeding under the Pennsylvania Rules of Disciplinary Enforcement, whether:

(i) as counsel for a respondent-attorney before a hearing committee, hearing officer, the Disciplinary Board or the Supreme Court;

(ii) as a hearing officer or member of a hearing committee; or

(iii) as a member of the Disciplinary Board;

(6) The scheduling of counsel to appear at any proceeding involving the discipline of a justice, judge or magisterial district judge under Section 18 of Article V of the Constitution of Pennsylvania, whether:

(i) as counsel for a justice, judge, or magisterial district judge before the special tribunal provided for in 42 Pa.C.S. § 727, the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board; or

(ii) as a member of the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board.

(b) Except for cause shown in special cases, no reason above enumerated for the continuance of a case shall be of effect beyond one application made in behalf of one party or group of parties having similar interests.

(c) No application for a continuance shall be granted if based on a cause existing and known at the time of publication or prior call of the trial list unless the same is presented to the court at a time fixed by the court, which shall be at least one week before the first day of the trial period. Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys. Each court may, by local rule, designate the time of publication of the trial list for the purposes of this rule.

(d) No continuance shall be granted due to the absence from court of a witness duly subpoenaed, unless:

(1) Such witness will be absent because of facts arising subsequent to the service of the subpoena and which would be a proper ground for continuance under the provisions of Rule 216(a); or

(2) On the day when the presence of such witness is required a prompt application is made for the attachment of such absent witness; or

(3) The witness, having attended at court has departed without leave, and an application for attachment is made promptly after the discovery of the absence of such witness; or the court is satisfied that the witness has left court for reasons which would be a proper ground for continuance under Rule 216(a).

(e) Each Court may adopt local rules providing for the temporary passing of cases or governing applications for continuance because of the absence of a witness, not a party, who has not been served with a subpoena.

(f) Rule 216(b)—(e) and Rule 217 shall not be applicable to a continuance granted for any of the reasons set forth in Rule 216(a)(5) or (6).

The provisions of this Rule 216 adopted September 8, 1938, effective March 20, 1939; amended October 4, 1961, effective January 1, 1962; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended March 15, 1994, effective upon publication, 24 Pa.B. 1673; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended May 19, 2005, effective immediately, 35 Pa.B. 3289; amended August 8, 2023, effective October 1, 2023, 53 Pa.B. 5108. Immediately preceding text appears at serial pages (311793) to (311794) and (377855).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 217 Costs on Continuance.

When a continuance is granted upon application made subsequent to the preliminary call of the trial list, the court may impose on the party making the application the reasonable costs actually incurred by the opposing party which would not have been incurred if the application had been made at or prior to such preliminary call.

Where a continuance has been so granted and costs imposed, the party upon whom such costs have been imposed, may not, so long as such costs remain unpaid, take any further step in such suit without prior leave of court.

A party upon whom such costs are so imposed and who was at fault in delaying the application for continuance may not recover such costs, if ultimately successful in the action; otherwise such costs shall follow the judgment in the action.

The provisions of this Rule 217 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (246949).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 218 Party not Ready When Case is Called for Trial.

(a) Where a case is called for trial, if without satisfactory excuse a plaintiff is not ready the court may enter a nonsuit on motion of the defendant or a non pros on the court’s own motion.

(b) If without satisfactory excuse a defendant is not ready, the plaintiff may

(1) proceed to trial, or,

(2) if the case called for trial is an appeal from compulsory arbitration, either proceed to trial or request the court to dismiss the appeal and reinstate the arbitration award.

Official Note

See Rule 1007.1(c)(2) for withdrawal of demand for trial by jury when a party who has filed a demand therefor fails to appear or is not ready.

Official Note

The mere failure to appear for trial is a ground for the entry of a nonsuit or a judgment of nonpros or the reinstatement of a compulsory arbitration award.

A nonsuit is subject to the filing of a motion under Rule 227.1(a)(3) for post-trial relief to remove the nonsuit and a judgment of non pros is subject to the filing of a petition under Rule 3051 for relief from a judgment of non pros.

A decision of the court following a trial at which the defendant failed to appear is subject to the filing of a motion for post-trial relief which may include a request for a new trial on the ground of a satisfactory excuse for the defendant’s failure to appear.

The provisions of this Rule 218 amended April 23, 1985, effective July 1, 1985, 15 Pa.B. 1727; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279; amended March 1, 1993, effective July 1, 1993, 23 Pa.B. 1300; amended July 30, 1998, effective January 1, 1999, 28 Pa.B. 3930. Immediately preceding text appears at serial page (200238).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 219 View of Premises.

A party desiring to have the jury view any premises involved in the litigation, may make application thereof either prior to the call of the case for trial, or at the bar during the actual trial of the case. In all such cases, the allowance of the application shall be within the discretion of the court, which may impose upon the applicant such reasonable costs or expenses as may be involved in connection with such view, or may direct that any costs thereby incurred shall follow the judgment entered in such action as in other cases.

The provisions of this Rule 219 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 220 Challenge to the Array.

Every challenge to the array of jurors returned for trial of issues of fact shall be made in writing filed on or before the first day of the period at which such issues have been set down for trial.

The provisions of this Rule 220 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 220.1 Preliminary Instructions to Prospective and Selected Jurors.

(a) For purposes of this rule, ‘‘prospective jurors’’ means those persons who have been chosen to be part of the panel from which the trial jurors and alternate jurors will be selected. ‘‘Selected jurors’’ means those members of the panel who have been selected to serve as trial jurors or alternate jurors. ‘‘Jury service’’ means service as (1) members of the jury array, (2) prospective jurors, and (3) selected jurors.

(b) Persons reporting for jury service, upon their arrival for this service, shall be instructed in their duties.

(c) At a minimum, the persons reporting for jury service shall be instructed that until their service as prospective or selected jurors is concluded, they shall not:

(1) discuss any case in which they have been chosen as prospective jurors or selected jurors with others, including other jurors, except as otherwise authorized by the court;

(2) read or listen to any news reports about any such case;

(3) use a computer, cellular telephone, or other electronic device with communication capabilities while in attendance at trial or during deliberation. These devices may be used during breaks or recesses but may not be used to obtain or disclose information prohibited in subdivision (c)(4);

(4) use a computer, cellular telephone, or other electronic device with communication capabilities, or any other method, to obtain or disclose information about any case in which they have been chosen as prospective or selected jurors. Information about the case includes, but is not limited to, the following:

(i) information about a party, witness, attorney, judge, or court officer;

(ii) news reports of the case;

(iii) information collected through juror research using such devices about the facts of the case;

(iv) information collected through juror research using such devices on any topics raised or testimony offered by any witness;

(v) information collected through juror research using such devices on any other topic the juror might think would be helpful in deciding the case.

(d) These instructions shall be repeated:

(1) to the prospective jurors at the beginning of voir dire;

(2) to the selected jurors at the commencement of the trial;

(3) to the selected jurors prior to deliberations; and

(4) to the selected jurors during trial as the trial judge deems appropriate.

(e) Jurors shall be instructed that it is their obligation immediately to inform the court of any violation of this rule.

Official Note

For comprehensive jury instructions on the use of electronic devices by jurors in civil cases, see Section 1.180 of the Pennsylvania Suggested Civil Jury Instructions, Pa. SSJI (Civ), § 1.180.

For guidance regarding the use of electronic devices in the courtroom by persons other than jurors, see Rule of Judicial Administration 1910.

The provisions of this Rule 220.1 adopted July 7, 2015, effective October 1, 2015, 45 Pa.B. 3976.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 220.2 Sanctions for Violation of Rule 220.1.

Any individual who violates the provisions of Rule 220.1 regarding the use of electronic devices by jurors or who violates any limitation imposed by local rule or by the trial judge regarding the prohibited use of electronic devices during court proceedings:

(a) may be found in contempt of court and sanctioned in accordance with 42 Pa.C.S. § 4132 et seq., and

(b) may be subject to sanctions deemed appropriate by the trial judge, including, but not limited to, the confiscation of the electronic device that is used in violation of this rule.

The provisions of this Rule 220.2 adopted July 7, 2015, effective October 1, 2015, 45 Pa.B. 3976.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 220.3 Voir Dire of Jurors.

(a) Judge’s Presence Required. Voir dire of prospective jurors shall be conducted, and the jurors shall be selected, in the presence of a judge, unless the judge’s presence is waived by all parties with the consent of the court.

(b) Instruction of Juror Duties. Upon completion of the oath, the judge shall instruct the prospective jurors upon their duties and restrictions while serving as jurors, and of any sanctions for violation of those duties and restrictions, including those in Rules 220.1 and 220.2.

(c) Juror Information. Voir dire shall be conducted to provide the opportunity to obtain, at a minimum, a full description of the following information, where relevant, concerning the prospective jurors and their households:

(1) name;

(2) year and place of birth;

(3) residential neighborhood and zip code (not street address);

(4) marital status;

(5) nature and extent of education;

(6) number and ages of children;

(7) name, age, and relationship of members of prospective juror’s household;

(8) occupation and employment history of the prospective juror, the juror’s spouse and children, and members of the juror’s household;

(9) involvement as a party or a witness in a civil lawsuit or a criminal case;

(10) relationship, friendship, or association with a law enforcement officer, a lawyer, or any person affiliated with the courts of any judicial district;

(11) relationship of the prospective juror or any member of the prospective juror’s immediate family to the insurance industry, including employee, claims adjustor, investigator, agent, or stockholder in an insurance company;

(12) motor vehicle operation and licensure;

(13) physical or mental condition affecting ability to serve on a jury;

(14) reasons the prospective juror believes the prospective juror cannot or should not serve as a juror;

(15) relationship, friendship, or association with the parties, the attorneys, and prospective witnesses of the particular case to be heard;

(16) ability to refrain from using a computer, cellular telephone, or other electronic device with communication capabilities in violation of the provisions of Rule 220.1; and

(17) such other pertinent information as may be appropriate to the particular case to achieve a competent, fair, and impartial jury.

(d) Voir Dire by Written Questionnaire Permitted. The court may provide for voir dire to include the use of a written questionnaire. The use of a written questionnaire without the opportunity for oral examination by the court or counsel is not a sufficient voir dire.

(e) Individual Voir Dire Permitted. The court may permit all or part of the examination of a juror out of the presence of other jurors.

(f) Recording of Voir Dire. Voir dire, including all rulings by a judge, shall be recorded in full unless the recording is waived by all parties. The recording shall be transcribed only upon written request of a party or order of court.

Subdivision (a)—The permitted waiver is a waiver only of the judge’s physical presence during voir dire. It is not a waiver of a party’s opportunity to create a record or to have the judge make decisions based upon that record. This subdivision is also intended to provide flexibility to permit another judge, or a senior judge, in the judicial district to preside over voir dire, as circumstances warrant.

Subdivision (c)(17)—See Capoferri v. Children’s Hospital of Philadelphia, 893 A.2d 133 (Pa. Super. 2006) (en banc) (voir dire should have been allowed with respect to the effect of pre-trial publicity on prospective jurors’ ‘‘attitudes regarding medical malpractice and tort reform’’), as an example of the type of information that may be sought from potential jurors to achieve a competent, fair, and impartial jury in a particular case.

Subdivision (d)—The parties or their attorneys may conduct voir dire of the prospective jurors unless the court itself conducts voir dire or otherwise directs that voir dire be conducted by a court employee. Any dispute shall be resolved by the court.

A written questionnaire may be used to facilitate and expedite voir dire by providing the trial judge and attorneys with basic background information about the jurors, thereby eliminating the need for many commonly asked questions.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

New Rule 220.1 governing voir dire, the examination of prospective jurors, furthers the goal of establishing a uniform civil practice throughout the Commonwealth with respect to the information which the parties may obtain concerning prospective jurors.

The rule specifies the information which the parties should be able to obtain through voir dire but does not require a particular manner of voir dire. Subdivision (a) is devoted to listing the information to which the parties are entitled.

The rule does not dictate the mechanics of voir dire, but leaves the method of voir dire to the local courts of common pleas. Subdivision (b) does give some guidance, however. Voir dire may include the use of a written questionnaire, but no form of questionnaire is mandated or suggested. The note observes that a written questionnaire may ‘‘facilitate and expedite’’ voir dire by providing basic background information. The rule provides that ‘‘the use of a written questionnaire without the opportunity for oral examination is not a sufficient voir dire.’’ The parties are entitled to both hear prospective jurors and observe their demeanor.

The rule recognizes that service upon a jury may be a new and disquieting experience to citizens called as prospective jurors. Information may be sought which a prospective juror feels uncomfortable revealing in open court. Thus, subdivision (c) provides that the ‘‘court may permit all or part of the examination of a juror out of the presence of other jurors.’’

Rule 220.1 governing voir dire has been amended with the addition of a note to subdivision (a)(16). Subdivision (a) lists the information to which parties are entitled to obtain during voir dire, concluding with a catch-all provision in subparagraph (16). The note cites Capoferri v. Children’s Hospital of Philadelphia, 893 A.2d 133 (Pa. Super. 2006) (en banc), as an example of the type of information that may be sought from potential jurors pursuant to subparagraph (16) to achieve a competent, fair and impartial jury in a particular case.

The Supreme Court of Pennsylvania has adopted new Rules 220.1 and 220.2 and the amendment of current Rules 220.1 and 223.1. The changes are intended to provide guidance to the bench and bar regarding the use of electronic devices by jurors in civil cases.

The new rules and amendments provide for jurors to be instructed that the use of electronic devices is restricted during their tenure as a prospective juror, i.e. a member of the jury pool, and as a selected juror. The new provisions require the trial court to instruct jurors that they may not conduct independent research on the Internet about the case, communicate about the case electronically, e.g. ‘‘tweet’’ or ‘‘blog,’’ or use such devices during juror service. A trial court is required to instruct jurors at the earliest opportunity of interaction between the juror and the trial court, and then repeat those instructions as often as practicable. The new rules and amendments provide for sanctions against any person who violates the provisions of these rules. It should also be noted that a note to new Rule 220.1 cross-references Section 1.180 of the Pennsylvania Suggested Civil Jury Instructions, Pa. SSJI (Civ), § 1.180. These instructions specifically address the use of electronic devices by jurors.

While the proposal focuses on the use of electronic devices by jurors, it remains silent as to their use in the courtroom by the public and media. Rule of Judicial Administration 1910 outlines the responsibility of a trial court regarding the broadcasting, televising, or taking of photographs in the courtroom in civil proceedings.

The provisions of this Rule 220.3 adopted September 15, 1993, effective January 1, 1994, 23 Pa.B. 4635; amended August 11, 1997, effective December 1, 1997, 27 Pa.B. 4426; amended March 11, 2008, effective June 1, 2008, 38 Pa.B. 1349; renumbered Rule 220.3 and amended July 7, 2015, effective October 1, 2015, 45 Pa.B. 3976; amended January 7, 2025, effective April 1, 2025, 55 Pa.B. 438. Immediately preceding text appears at serial pages (377857) to (377858) and (408545).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 221 Peremptory Challenges.

Each party shall be entitled to four peremptory challenges, which shall be exercised in turn beginning with the plaintiff and following in the order in which the party was named or became a party to the action. In order to achieve a fair distribution of challenges, the court in any case may

(a) allow additional peremptory challenges and allocate them among the parties;

(b) where there is more than one plaintiff or more than one defendant or more than one additional defendant, consider any one or more of such groups as a single party.

The provisions of this Rule 221 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended September 22, 1976, effective November 1, 1976, 6 Pa.B. 2877. Immediately preceding text appears at serial page (22252).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 222 Attorneys as Witnesses.

Where any attorney acting as trial counsel in the trial of an action is called as a witness on behalf of a party whom the attorney represents, the court may determine whether such attorney may thereafter continue to act as trial counsel during the remainder of the trial.

The provisions of this Rule 222 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (234000) to (234001).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 223 Conduct of the Trial. Generally.

Subject to the requirements of due process of law and of the constitutional rights of the parties, the court may make and enforce rules and orders covering any of the following matters, inter alia:

(1) Limiting the number of witnesses whose testimony is similar or cumulative;

(2) Limiting the number of attorneys representing the same party or the same group of parties, who may actively participate in the trial of the case or may examine or cross-examine a witness or witnesses;

(3) Regulating the number and length of addresses to the jury or to the court;

(4) Regulating or excluding the public or persons not interested in the proceedings whenever the court deems such regulation or exclusion to be in the interest of the public good, order or morals.

Official Note

Trial courts in Pennsylvania customarily exercise discretion as to the exclusion of persons from the courtroom in the interest of good order and morals.

The exclusion of the taking of photographs or radio or television broadcasting is governed by Pa.R.J.A. No. 1910.

The provisions of this Rule 223 adopted September 8, 1938, effective March 20, 1939; amended January 25, 1971, effective February 1, 1971; amended June 23, 1975, effective immediately, 5 Pa.B. 1819; amended November 3, 1999, effective January 1, 2000, 29 Pa.B. 5918; amended April 29, 2016, effective immediately, 46 Pa.B. 2409. Immediately preceding text appears at serial pages (380173) to (380174).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 223.1 Conduct of the Trial. Trial by Jury.

(a) Before the taking of evidence, the trial judge shall instruct the jurors as provided in Rule 220.1.

(b) In conducting a trial by jury, the court may use one or more of the procedures provided in subdivisions (c) and (d) as may be appropriate in the particular case.

Official Note

This rule catalogs certain procedures which may be utilized in the conduct of a jury trial. Since the court has broad power and discretion in the manner in which it conducts a jury trial, it is not intended that this rule be construed as enlarging, restricting or in any way affecting that power and discretion.

See Rule 223.2 for juror note taking in civil cases.

Official Note

See Rule 219 governing view of premises.

(d) The court may

(1) permit specified testimony to be read back to the jury upon the jury’s request,

(2) charge the jury at any time during the trial,

Official Note

The court is not limited to charging the jury after the closing argument by the attorneys.

(3) make exhibits available to the jury during its deliberations, and

(4) make a written copy of the charge or instructions, or a portion thereof, available to the jury following the oral charge or instructions at the conclusion of evidence for use during its deliberations.

The provisions of this Rule 223.1 adopted November 3, 1999, effective January 1, 2000, 29 Pa.B. 5918; amended July 20, 2003, effective September 1, 2003, 33 Pa.B. 4071; amended December 23, 2011, effective February 1, 2012, 42 Pa.B. 377; amended July 7, 2015, effective October 1, 2015, 45 Pa.B. 3976. Immediately preceding text appears at serial pages (360258) to (360259).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 223.2 Conduct of the Jury Trial. Juror Note Taking.

(a)(1) Jurors shall be permitted to take notes during the presentation of evidence, opening statements, and closing arguments and use their notes during deliberations.

(2) Jurors shall not be permitted to take notes when the judge is instructing the jury as to the law that will govern the case.

(b) The court shall give an appropriate cautionary instruction to the jury prior to opening statements. The instruction shall include:

(1) Jurors are not required to take notes and those who take notes are not required to take extensive notes;

(2) Note taking should not divert jurors from paying full attention to the evidence and evaluating witness credibility, the opening statements, or the closing arguments;

(3) Notes are merely memory aids and are not evidence or the official record;

(4) Jurors who take few or no notes should not permit their independent recollection of the evidence to be influenced by the fact that other jurors have taken notes;

(5) Notes are confidential and will not be reviewed by the court or anyone else;

(6) A juror may not show his or her notes or disclose their contents to other jurors until deliberations begin, but may show the notes or disclose the contents during deliberations;

(7) Jurors shall not take their notes out of the courtroom except to use their notes during deliberations; and

(8) All juror notes will be collected after the trial is over and immediately destroyed.

Official Note

It is recommended that the trial judge instruct the jurors along the following lines:

We will distribute notepads and pens to each of you in the event you wish to take notes during the trial. You are under no obligation to take notes and those who take notes are not required to take extensive notes.

Remember that one of your responsibilities as a juror is to observe the demeanor of witnesses to help you assess their credibility. If you do take notes, do not become so involved with note taking that it interferes with your ability to observe a witness or distracts you from hearing other answers being given by the witness.

You may also take notes while the attorneys’ present their opening statements and when they will make their closing arguments about the evidence at the end of the trial. Again, if you do take notes, do not become so involved with note taking that it distracts from paying attention to the remainder of the opening statement or hearing all of the closing argument.

Your notes may help you refresh your recollection of the evidence as well as the attorneys’ opening statements or their closing arguments. Your notes should be treated as a supplement to, rather than a substitute for, your memory. Your notes are only to be used by you as memory aids and are not evidence or the official record.

Those of you who do not take notes should not permit your independent recollection of the evidence to be influenced by the fact that other jurors have taken notes. It is just as easy to write something down incorrectly as it is to remember it incorrectly and your fellow jurors’ notes are entitled to no greater weight than each juror’s independent memory. Although you may refer to your notes during deliberations, give no more or no less weight to the view of a fellow juror just because that juror did or did not take notes.

Each time that we adjourn, your notes will be collected and secured by court staff. Jurors shall not take their notes out of the courtroom except to use their notes during deliberations.

A juror may not show his or her notes or disclose their contents to other jurors until deliberations begin, but may show the notes or disclose their contents during deliberations. The only notes you may use during the deliberations are the notes you write in the courtroom during the proceedings on the materials distributed by the court staff.

Your notes are completely confidential and will not be reviewed by the court or anyone else. After the trial is over, your notes will be collected by court personnel and immediately destroyed.

(1) provide materials suitable for note taking,

Official Note

The materials provided by the court are the only materials that jurors may use for note taking.

(2) safeguard all juror notes at each recess and at the end of each trial day, and

(3) collect all juror notes as soon as the jury is dismissed and, without inspection, immediately destroy them.

(d)(1) Neither the court nor counsel may (i) request or suggest that jurors take notes, (ii) comment on their note taking, or (iii) attempt to read any notes.

(2) Juror notes may not be used by any party to the litigation as a basis for a request for a new trial.

Official Note

A court shall immediately deny a litigant’s request that juror notes be placed under seal until they are reviewed in connection with a request for a new trial on any ground, including juror misconduct. The notes shall be destroyed without inspection as soon as the jury is dismissed.

The provisions of this Rule 223.2 adopted July 30, 2003, effective September 1, 2003, 33 Pa.B. 4071; amended July 8, 2005, effective September 1, 2005, 35 Pa.B. 4087; amended December 3, 2021, effective April 1, 2022, 51 Pa.B. 7860. Immediately preceding text appears at serial pages (381072) and (377861) to (377862).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 223.3 Conduct of the Trial. Actions for Bodily Injury or Death. Jury Instructions on Noneconomic Loss.

In any action for bodily injury or death in which a plaintiff has raised a claim for a damage award for noneconomic loss that is viable under applicable substantive law, the court shall give the following instructions to the jury.

The plaintiff has made a claim for a damage award for past and for future noneconomic loss. There are four items that make up a damage award for noneco- nomic loss, both past and future: (1) pain and suffering; (2) embarrassment and humiliation; (3) loss of ability to enjoy the pleasures of life; and (4) disfigurement.

The first item to be considered in the plaintiff’s claims for damage awards for past noneconomic loss and for future noneconomic loss is pain and suffering. You are instructed that plaintiff is entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress that you find (he) (she) has endured from the time of the injury until today and that plaintiff is also entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress you find (he) (she) will endure in the future as a result of (his) (her) injuries.

The second item that goes to make up noneconomic loss is embarrassment and humiliation. Plaintiff is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe (he) (she) has endured and will continue to endure in the future as a result of (his) (her) injuries.

The third item is loss of enjoyment of life. Plaintiff is entitled to be fairly and adequately compensated for the loss of (his) (her) ability to enjoy any of the pleasures of life as a result of the injuries from the time of the injuries until today and to be fairly and adequately compensated for the loss of (his) (her) ability to enjoy any of the pleasures of life in the future as a result of (his) (her) injuries.

The fourth and final item is disfigurement. The disfigurement that plaintiff has sustained is a separate item of damages recognized by the law. Therefore, in addition to any sums you award for pain and suffering, for embarrassment and humiliation, and for loss of enjoyment of life, the plaintiff is entitled to be fairly and adequately compensated for the disfigurement (he) (she) has suffered from the time of the injury to the present and that (he) (she) will continue to suffer during the future duration of (his) (her) life.

In considering plaintiff’s claims for damage awards for past and future noneconomic loss, you will consider the following factors: (1) the age of the plaintiff; (2) the severity of the injuries; (3) whether the injuries are temporary or permanent; (4) the extent to which the injuries affect the ability of the plaintiff to perform basic activities of daily living and other activities in which the plaintiff previously engaged; (5) the duration and nature of medical treatment; (6) the duration and extent of the physical pain and mental anguish which the plaintiff has experienced in the past and will experience in the future; (7) the health and physical condition of the plaintiff prior to the injuries; and (8) in case of disfigurement, the nature of the disfigurement and the consequences for the plaintiff.

Official Note

These instructions may be modified by agreement of the parties or by the court, based on circumstances of the case.

The provisions of this Rule 223.3 adopted August 20, 2004, effective December 1, 2004, 34 Pa.B. 4879; amended August 20, 2004, effective December 1, 2004, 34 Pa.B. 6505. Immediately preceding text appears at serial pages (305434) to (305435).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 224 Regulation of Order of Proof.

The court may compel the plaintiff in any action to produce all evidence upon the question of the defendant’s liability before calling any witness to testify solely to the extent of the injury or damages. The defendant’s attorney may then move for a nonsuit. If the motion is refused, the trial shall proceed. The court may, however, allow witnesses to be called out of order if the court deems it wise so to do.

The provisions of this Rule 224 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (200245).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 225 Summing Up.

Attorneys for each party or group of parties may make an opening address to the jury and may also make an address to the jury after the close of the testimony.

Official Note

Rule 225 merely confers the right to make addresses to the jury as stated therein. The trial court by local rule or otherwise may regulate the number, length, and order of addresses. See Rule 223(3).

The provisions of this Rule 225 adopted September 8, 1938, effective March 20, 1939; amended April 29, 2016, effective immediately, 46 Pa.B. 2409. Immediately preceding text appears at serial page (380176).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 226 Points for Charge. Motion for Directed Verdict.

(a) Points upon which the trial judge is requested to charge the jury shall be so framed that each may be completely answered by a simple affirmation or negation. Attorneys shall hand copies of requested points for charge to the trial judge and to the opposing attorneys before the closing addresses to the jury are begun. A requested point for charge that was presented to the trial judge becomes part of the record when the point is read into the record, or filed in the office of the prothonotary prior to filing a motion for post-trial relief regarding the requested point for charge.

Official Note

An appellate court will not review an objection to a ruling of a trial court regarding a point for charge unless the point for charge was (1) presented to the court and (2) made a part of the record by either reading the point into the record or filing it in the office of the prothonotary prior to filing a motion for post-trial relief.

(b) At the close of all the evidence, the trial judge may direct a verdict upon the oral or written motion of any party.

Adopted September 8, 1938, effective March 20, 1939; Amended through October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended July 10, 2008, effective September 1, 2009. Immediately preceding text appears at serial pages (333796) and (305179).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 227 Exceptions.

(a) It shall not be necessary on the trial of any action or proceeding to take exception to any ruling of the trial judge. An exception in favor of the party against whom the adverse ruling was made shall be deemed to have been taken with the same force and effect as if it had been requested, noted by the official stenographer and thereafter written out, signed and sealed by the trial judge.

(b) Unless specially allowed by the court, all exceptions to the charge to the jury shall be taken before the jury retires. On request of any party all such exceptions and arguments thereon shall be made out of hearing of the jury.

The provisions of this Rule 227 adopted September 8, 1938, effective March 20, 1939; amended March 30, 1960, effective April 1, 1960; amended March 22, 1962, effective April 2, 1962; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274. Immediately preceding text appears at serial page (146609).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 227.1 Post-Trial Relief.

(a) After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may

(1) order a new trial as to all or any of the issues; or

(2) direct the entry of judgment in favor of any party; or

(3) remove a nonsuit; or

(4) affirm, modify or change the decision; or

(5) enter any other appropriate order.

(b) Except as otherwise provided by Pa.R.E. 103(a), post-trial relief may not be granted unless the grounds therefor,

(1) if then available, were raised in pre-trial proceedings or by motion, objection, point for charge, request for findings of fact or conclusions of law, offer of proof or other appropriate method at trial; and

(2) are specified in the motion. The motion shall state how the grounds were asserted in pre-trial proceedings or at trial. Grounds not specified are deemed waived unless leave is granted upon cause shown to specify additional grounds.

(1) verdict, discharge of the jury because of inability to agree, or nonsuit in the case of a jury trial; or

(2) notice of nonsuit or the filing of the decision in the case of a trial without jury.

If a party has filed a timely post-trial motion, any other party may file a post-trial motion within ten days after the filing of the first post-trial motion.

(d) A motion for post-trial relief shall specify the relief requested and may request relief in the alternative. Separate reasons shall be set forth for each type of relief sought.

(e) If a new trial and the entry of judgment are sought in the alternative, the court shall dispose of both requests. If the court directs the entry of judgment, it shall also rule on the request for a new trial by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the request for a new trial.

(f) The party filing a post-trial motion shall serve a copy promptly upon every other party to the action and deliver a copy to the trial judge.

(g) A motion for post-trial relief may not be filed in an appeal from the final adjudication or determination of a local agency or a Commonwealth agency as to which jurisdiction is vested in the courts of common pleas.

(h) A motion for post-trial relief shall be filed following a trial upon an appeal from the decision of viewers pursuant to the Eminent Domain Code.

(i) When an appellate court has remanded a case for further proceedings, a motion for post-trial relief relating to subsequent rulings in the trial court shall not be required unless

(1) the appellate court has specified that the remand is for a complete or partial new trial, or

(2) the trial court indicates in its order resolving the remand issues that a motion for post-trial relief is required pursuant to this rule.

Subdivision (a). The motion for post-trial relief replaces the following motions and exceptions: motion for new trial, motion for judgment notwithstanding the verdict, motion upon the whole record after disagreement of a jury, motion in arrest of judgment, motion to remove a nonsuit and exceptions following the decision of the judge in a trial without jury.

The following rules provide for the filing of exceptions, e.g., Rule 1534 (exceptions to a fiduciary’s account), Rule 1569 (exceptions to a hearing officer’s report in partition), Rule 1920.55-2 (exceptions to a hearing officer’s report in an action for divorce), Rule 1910.12(e) (exceptions to a hearing officer’s report in an action for support), and Rule 3136(d) (exceptions to sheriff’s schedule of proposed distribution).

Subdivision (b) states two requirements for the granting of post-trial relief. First, the grounds for the relief requested must have been raised in pre-trial proceedings or at trial and, second, they must be stated in the motion. Under subdivision (b)(1), if no objection is made, error which could have been corrected in pre-trial proceedings, i.e., a ground for a new trial or a judgment notwithstanding the verdict, or during trial by timely objection, may not constitute a ground for post-trial relief. It must be raised timely in pre-trial proceedings or during the trial, thus affording the court the opportunity to correct the error.

Pa.R.E. 103(a) provides that the specific ground for an overruled objection, or the substance of excluded evidence, need not be stated at or prior to trial, or without having made an offer of proof, if the ground of the objection, or the substance of the evidence sought to be introduced, was apparent from the context.

Under subdivision (b)(2), motions which set forth mere ‘‘boilerplate’’ language are specifically disapproved. Rather, the motion must state ‘‘the specific grounds therefor.’’ A post-trial motion must set forth the theories in support thereof ‘‘so that the lower court will know what it is being asked to decide.’’ Frank v. Peckich, 391 A.2d 624, 632-633 (Pa. Super. 1978).

Subdivision (c). A motion for post-trial relief may be filed following a trial by jury or a trial by a judge without a jury pursuant to Rule 1038. A motion for post-trial relief may not be filed to orders disposing of preliminary objections, motions for judgment on the pleadings, motions for summary judgment, or motions relating to discovery or other proceedings, which do not constitute a trial. See U.S. National Bank in Johnstown v. Johnson, 487 A.2d 809 (Pa. 1985).

A motion for post-trial relief may not be filed to matters governed exclusively by the rules of petition practice.

The filing of a motion for post-trial relief is prohibited by the following rules: Rule 1557 (order directing partition) and Rule 1930.2 (no post-trial practice in domestic relations matters).

Subdivision (g). See 2 Pa.C.S. § 101 for the definition of ‘‘local agency.’’

See 42 Pa.C.S. § 933(a)(1) providing for jurisdiction of appeals from determinations of particular Commonwealth agencies to be in the courts of common pleas.

Subdivision (h). Any distinction with respect to the filing of a motion for post-trial relief between jury and non-jury trials following an appeal from the decision of viewers in eminent domain proceedings is eliminated.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Introduction

The Judicial Code and the Judiciary Act Repealer Act (JARA) have repealed Acts of Assembly which formed the basis for the entry of compulsory nonsuits and post-trial practice. The Code and JARA contemplate that the subject matter of the repealed statutes shall be governed by general rules. These amendments to the Rules of Civil Procedure supply the necessary procedure.

The amendments abolish the distinctions which have existed heretofore in post-trial practice. A party who seeks post-trial relief will do so by filing a Motion for Post-Trial Relief irrespective of whether the action is at law or in equity or whether the action is tried with or without a jury. New Rules 227.1 to 227.4 inclusive apply to all such actions.

A detailed analysis of the changes in practice effected by the amendments follows each rule.

Conforming Amendments

In view of the new consolidated post-trial practice under Rule 227.1, a number of conforming amendments are made to rules governing the actions in equity and for partition, the family law actions of support and divorce and actions involving minors and incompetents.

The amendment to Rule 1557 governing partition reverses the current practice of filing exceptions to an order directing partition. The amended rule specifically provides that exceptions to such an order shall not be filed. Rather, relief may be sought through an appeal in accordance with Rule of Appellate Procedure 311(a)(6), as indicated in the note to Rule 1557.

The term ‘‘exceptions’’ is used in the rules in contexts other than post-trial practice. No amendment is made to rules using the term in such other contexts. Thus under Rule 227, a party need not take ‘‘exception’’ to any ruling of the trial judge. A party must still file ‘‘exceptions’’ to an auditor’s report under Rule 1530, a master’s report under Partition Rule 1569, a hearing officer’s report under Support Rule 1910.12, a master’s report under Divorce Rule 1920.55 and a schedule of distribution under Execution Rule 3136.

Rule 227.1

Rule 227.1 is entirely new. It includes several subjects not previously covered by the Rules of Civil Procedure.

Subdivision (a) authorizes the court to grant post-trial relief upon motion. This provision is necessary because JARA has repealed the statutes which formerly provided that authorization. The rule specifies the relief which may be granted and does not alter the prior practice.

Subdivision (a) prescribes the filing of a ‘‘written Motion for Post-Trial Relief’’. Motions for New Trial, for Judgment Notwithstanding the Verdict, and for Judgment Upon the Whole Record will no longer be filed following a trial by jury. Exceptions will no longer be filed following a trial by a judge without a jury or an equity trial. The relief heretofore available through these motions and exceptions remains available through the new Motion for Post-Trial Relief.

Subdivision (b)(1) incorporates into the rule the principle of Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (1974), that basic and fundamental error is not a ground for a new trial in the absence of a timely objection at the trial. The rule extends the principle to all post-trial relief. A ground for a new trial or a judgment notwithstanding the verdict may not be raised for the first time in the Motion for Post-Trial Relief. It must be raised timely in pre-trial proceedings or during the trial, thus affording the court the opportunity to correct the error.

In Yudacufski v. Commonwealth, Department of Transportation, 499 Pa. 605, 454 A.2d 923 (1982), the Supreme Court noted that the Rules of Civil Procedure governing post-trial practice ‘‘do not specifically include a requirement that pre-trial rulings must be raised in post-trial motions in order to be preserved.’’ Subdivision (b) now contains such a provision.

Subdivision (b)(2) specifies the requisites of the motion for post-trial relief. It must state the specific grounds for the relief sought and ‘‘how the grounds were asserted in pre-trial proceedings or at trial.’’

In requiring the motion to state the specific grounds therefor, motions which set forth mere ‘‘boilerplate’’ language are specifically disapproved. A post-trial motion must set forth the theories in support thereof ‘‘so that the lower court will know what it is being asked to decide.’’ Frank v. Peckich, 257 Pa.Super. 561, 391 A.2d 624, 632-633 (1978).

The requirement that the motion state how the grounds were raised at trial indicates compliance with the requirements of Dilliplaine, supra, and subdivision (b)(1) that there be a timely objection in pre-trial proceedings or at the trial.

Under subdivision (c), the time for filing the post-trial motion remains unchanged at ten days. However, the rule also provides an instance in which the time for filing a post-trial motion may be extended beyond the initial ten day period. There are occasions when a party is displeased with the result of a trial but refrains from filing a post-trial motion unless a post-trial motion is filed by an opposing party. This strategy necessitates a close watch over the dockets, since the party will be foreclosed from filing a motion if the opposing party files its motion on the tenth day. To facilitate practice in this area, subdivision (c) provides that where a post-trial motion has been timely filed by one party, any other party has ten days following the filing of the first post-trial motion in which to file its own motion. As with the other provisions of Rule 227.1, this concept applies to jury, nonjury and equity trials.

Subdivision (d) continues the practice of permitting a party to request post-trial relief in the alternative. When a party elects to so proceed, separate reasons should be set forth in support of each type of relief requested. Again, the document should make the trial judge aware of each request for relief and the grounds in support thereof.

Subdivision (e) provides a rule of judicial economy when both a new trial and judgment are sought in an action. Subdivision (e) provides that the court shall dispose of both requests. Thereafter, if the action is appealed, the appellate court may make a final disposition of the matter. This provision avoids the procedural situation where a trial court grants judgment but fails to rule on the request for a new trial. The action is thereafter appealed and the appellate court must then remand for disposition of the request for new trial. Under subdivision (e), the appellate court would be able to remand the matter directly for a new trial or affirm the ruling of the lower court.

New subdivision (f) provides for the prompt service of copies of the post-trial motion upon every other party to the action and the delivery of a copy to the trial judge.

The amendment of Rule 227.1(c)(2) to provide for the filing of a motion for post-trial relief within ten days after nonsuit in a non-jury or an equity trial clarifies, but does not change, existing practice. Although subdivision (c)(2) did not refer to the filing of a motion for post-trial relief after a nonsuit in those instances, subdivision (a)(3) clearly provides for the court upon a written motion to remove a nonsuit without reference to the nature of the trial. The addition of the reference to a nonsuit in subdivision (c)(2) removes any ambiguity that might arise with respect to the time in which a motion for post-trial relief must be filed following a nonsuit in a non-jury or equity trial.

The Supreme Court of Pennsylvania has promulgated an amendment to Rule of Civil Procedure 227.1 governing post-trial relief clarifying practice under the rule in two respects. First, notes have been added to subdivisions (a) and (c) explaining the scope of the motion for post-trial relief and the range of actions and proceedings to which the motion applies. The text of these subdivisions is not changed so that practice and procedure under them remain unaffected.

Second, new subdivision (g) is added to the rule specifying the procedure in appeals from final determinations of certain government agencies. The Commonwealth Court has stated that there are no post-trial proceedings in ‘‘statutory appeal’’ proceedings unless mandated by local rule. This practice has caused confusion in several respects. In many cases, post-trial motions have been filed unnecessarily and have resulted in the loss of the right to appeal. In other cases, attorneys have filed motions for post-trial relief and appeals simultaneously because they were unable to discern the proper procedure.

New subdivision (g) prohibits post-trial proceedings in a statutory appeal. The decision of the court in all such cases will be a final, appealable order.

Amendments to the Rules of Civil Procedure relating to post-trial practice have been promulgated, allowing parties to minimize post-trial delay and clarifying the procedure with regard to proceedings in eminent domain and the actions of mandamus and partition of real property.

I. Entry of Judgment upon Praecipe

a. Post-Trial Delay

Prior to the present amendment, parties to an action had no recourse when a motion for post-trial relief remained pending and undecided. The amendment to Rule 227.4 permits any party to an action to file a praecipe for judgment when a timely motion has been filed and remains undecided for more than one hundred twenty days after filing.

The rule is optional with the parties. If settlement negotiations are continuing, they may have little interest in a prompt appeal. If time is not of the essence, they may await the decision of the trial court. However, the rule provides the parties with the ability to ‘‘move the case along.’’

If a motion remains undecided and a praecipe for judgment is entered at the earliest permissible time, the maximum post-trial delay is one hundred thirty days, i.e., ten days in which to file the motion and one hundred twenty days in which to decide it. The potential delay inherent in Rule of Appellate Procedure 1701(b)(3) providing for reconsideration of an order is avoided by prohibiting reconsideration of the judgment. The judgment entered is effective as to all parties and all issues so that the case in its entirety is ready for the appellate process.

The rule does not provide an automatic limit upon the time in which the court may make its ruling. However, it does provide a time standard by which the parties and the court may proceed.

There is a rule which may operate to prevent the entry of judgment upon the expiration of the one hundred twenty day period. Rule 238(c)(3)(i) provides that if ‘‘a motion for post-trial relief has been filed under Rule 227.1 and a motion for delay damages is opposed, a judgment may not be entered until all motions filed under Rule 227.1 and this rule [Rule 238] have been decided.’’ A note has been added to call attention to the rule.

b. Waiver of Post-Trial Practice

A second amendment to Rule 227.4 has deleted the provision for entry of judgment upon filing a ‘‘waiver in writing of the right to file post-trial motions signed by all parties’’. Present Pennsylvania policy is to require the parties to give the trial court the opportunity to correct error through post-trial practice. It follows that post-trial practice should not be subject to waiver.

II. Eminent Domain

Case law had developed an inconsistent practice with respect to the filing of a post-trial motion following trial upon an appeal from the decision of viewers in eminent domain proceedings. Post-trial practice was required following a trial by jury but not after a trial by a judge without a jury. New subdivision (h) has been added to Rule 227.1 eliminating this distinction and requiring post-trial practice whether the trial be by jury or by judge.

The note to Rule 227.1(c) has been amended by deleting the second paragraph referring to a case stated. This amendment was required by the abolition of the case stated by Rule 1038.2.

The amendment is technical in nature and does not affect practice or procedure.

Prior to the present amendment, Rule of Civil Procedure 227.1(b) was inconsistent with Pennsylvania Rule of Evidence 103(a). Civil Rule 227.1(b) required without exception that grounds for post-trial relief be raised in pre-trial proceedings or at trial. Evidence Rule 103(a), however, did not require that the specific ground for an erroneous evidentiary ruling be raised prior to or at trial if the ground was apparent from the context. The present amendment to Civil Rule 227.1 carves out an exception for matters within the scope of Evidence Rule 103(a), thereby eliminating the inconsistency between the two rules.

In Newman Development Group of Pottstown, LLC v. Genuardi’s Family Markets, Inc. and Safeway, Inc., 52 A.3d 1233 (Pa. 2012), the Supreme Court of Pennsylvania examined the provisions of Rule 227.1 to determine whether a party must file a motion for post-trial relief following the resolution by the trial court of matters remanded by an appellate court. While it concluded in that case that a motion for post-trial relief was not required because the remand proceeding, which relied on an existing record, was not a trial, even though the trial court drew a different conclusion from that record to comport with the appellate court’s directive, the Court held that Rule 227.1 is silent as to any procedure for post-trial relief when a matter has been remanded for further consideration by the trial court. Id. at 1251.

To close this gap, the Supreme Court has amended Rule 227.1 by adding new subdivision (i). Specifically addressing the remand context, the amendment would not require the filing of a motion for post-trial relief following the resolution of matters remanded by an appellate court except under the following circumstances: (1) the appellate court has specified that the remand is for a complete or partial new trial, or (2) the trial court states in its order resolving the issue remanded that a motion for post-trial relief is required in order to preserve those issues for appellate review.

The amendment is intended to give the practitioner certainty as to when a motion for post-trial relief is required in the remand context, and thus, to prevent waiver of those issues upon further appellate review. It is also intended to facilitate the underlying purpose of the rule, which is to allow the trial court to reconsider its determination and to make any corrections before it is appealed without inundating it with unnecessary motions.

The provisions of this Rule 227.1 adopted April 21, 1977, effective July 30, 1977, 7 Pa.B. 1169; amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1726; amended December 19, 1989, effective January 1, 1990, 20 Pa.B. 176; amended July 28, 1995, effective January 1, 1996, 25 Pa.B. 3337; amended December 5, 1996, effective immediately, 26 Pa.B. 6068; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended July 21, 2004, effective immediately, 34 Pa.B. 4107; amended July 2, 2015, effective October 1, 2015, 45 Pa.B. 3801; amended August 8, 2023, effective October 1, 2023, 53 Pa.B. 5108. Immediately preceding text appears at serial pages (377863) to (377864) and (384755).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 227.2 Court en Banc.

All post-trial motions and other post-trial matters shall be heard and decided by the trial judge unless the trial judge orders that the matter be heard by a court en banc of which the trial judge shall be a member. If the trial judge for any reason cannot hear the matter, another judge shall be designated to act. No more than three judges shall constitute the court en banc.

The provisions of this Rule 227.2 adopted June 30, 1983, effective July 1, 1983, 13 Pa.B. 2254; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (223268).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 227.3 Transcript of Testimony.

All post-trial motions shall contain a request designating that portion of the record to be transcribed in order to enable the court to dispose of the motion. Within ten days after the filing of the motion, any other party may file an objection requesting that an additional, lesser or different portion of the record be transcribed. If no portion is indicated, the transcription of the record shall be deemed unnecessary to the disposition of the motion. The trial judge shall promptly decide the objection to the portion of the record to be transcribed.

Official Note

For rules governing transcript requests, and transcript fees and their payment, see Pa.R.J.A. Nos. 4007, 4008, and 4009.

The provisions of this Rule 227.3 adopted October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended November 16, 2016, effective January 1, 2017, 46 Pa.B. 7522. Immediately preceding text appears at serial page (377865).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 227.4 Entry of Judgment Upon Praecipe of a Party.

In addition to the provisions of any Rule of Civil Procedure or Act of Assembly authorizing the prothonotary to enter judgment upon praecipe of a party and except as otherwise provided by Rule 1042.72(e)(3), the prothonotary shall, upon praecipe of a party:

(1) enter judgment upon a nonsuit by the court, the verdict of a jury or the decision of a judge following a trial without jury, if

(a) no timely post-trial motion is filed; or

(b) one or more timely post-trial motions are filed and the court does not enter an order disposing of all motions within one hundred twenty days after the filing of the first motion. A judgment entered pursuant to this subparagraph shall be final as to all parties and all issues and shall not be subject to reconsideration;

Official Note

If a motion for delay damages has been filed, judgment may not be entered until that motion is decided or otherwise resolved. See Rule 238(c)(3)(i).

Rule 1042.72(e)(3) prohibits the entry of judgment in a medical professional liability action if a motion for post-trial relief under Rule 227.1 is pending with respect to the ground that a damage award for noneconomic loss is excessive.

(2) enter judgment when a court grants or denies relief but does not itself enter judgment or order the prothonotary to do so.

Official Note

See Rule 236 requiring the prothonotary to give notice of the entry of an order or judgment and Rule 237 requiring notice of filing of praecipe for judgment. For illustrative Rules of Civil Procedure specifically authorizing entry of judgment by the prothonotary on praecipe of a party, see Rules 1037, 1659, 3031(a), and 3146.

The provisions of this Rule 227.4 adopted October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended July 28, 1995, effective January 1, 1996, 25 Pa.B. 3337; amended September 24, 1997, effective January 1, 1998, 27 Pa.B. 5245; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended September 17, 2004, effective December 1, 2004, 34 Pa.B. 5351; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201. Immediately preceding text appears at serial page (306106).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 228 Testimony as to Misconduct of a Juror.

Whenever in the course of a trial testimony is taken of a juror or other person as to alleged misconduct of a juror, or as to tampering with or an attempt to tamper with a juror, such testimony shall become a part of the record of the case. Such testimony shall be taken out of the hearing of the jury. Jurors may be interrogated in regard to such alleged misconduct or attempted tampering.

The provisions of this Rule 228 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 229 Discontinuance.

(a) A discontinuance shall be the exclusive method of voluntary termination of an action, in whole or in part, by the plaintiff before commencement of the trial.

(b)(1) Except as otherwise provided in subdivision (b)(2), a discontinuance may not be entered as to less than all defendants except upon the written consent of all parties or leave of court upon motion of any plaintiff or any defendant for whom plaintiff has stipulated in writing to the discontinuance.

(2) In an action governed by Rule 1042.3, a plaintiff may enter a discontinuance as to a defendant if a certificate of merit as to that defendant has not been filed.

Official Note

Rule 1042.3 requires the filing of a certificate of merit as to a defendant against whom a professional liability claim is asserted.

(c) The court, upon petition and after notice, may strike off a discontinuance in order to protect the rights of any party from unreasonable inconvenience, vexation, harassment, expense, or prejudice.

Official Note

Court approval of a discontinuance must be obtained in any action in which a minor is a party, Rule 2039(a), an action for wrongful death in which a minor is beneficially interested, Rule 2206(a), an action in which an incapacitated person is a party, Rule 2064, and a class action, Rule 1714.

A plaintiff who asserts a cause of action ex contractu and joins as defendants persons liable to the plaintiff in different capacities may not discontinue as to a defendant primarily liable without discontinuing as to all defendants secondarily liable. Rule 2231(e).

The provisions of this Rule 229 adopted September 30, 1949, effective April 1, 1950; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3399; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended January 27, 2003, effective immediately, 33 Pa.B. 748; amended March 9, 2015, effective April 8, 2015, 45 Pa.B. 1490. Immediately preceding text appeared at serial pages (331696), (306107) and (328339).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 229.1 Settlement Funds. Failure to Deliver Sanctions.

(a) As used in this rule,

‘‘defendant’’ means a party released from a claim of liability pursuant to an agreement of settlement;

‘‘plaintiff’’ means a party who, by execution of a release pursuant to an agreement of settlement, has agreed to forego a claim of liability against a defendant. The term includes a defendant who asserts a counterclaim;

‘‘settlement funds’’ means any form of monetary exchange to a plaintiff pursuant to an agreement of settlement, but not including the annuity or future installment portion of a structured settlement.

(b) The parties may agree in writing to modify or waive any of the provisions of this rule.

(c) If a plaintiff and a defendant have entered into an agreement of settlement, the defendant shall deliver the settlement funds to the attorney for the plaintiff, or to the plaintiff if unrepresented, within twenty calendar days from receipt of an executed release.

Official Note

If court approval of the settlement is required, Rule 229.1 is not operative until the settlement is so approved.

Upon receipt of the settlement funds, the plaintiff shall file a discontinuance or deliver a discontinuance to the defendant.

(d) If settlement funds are not delivered to the plaintiff within the time required by subdivision (c), the plaintiff may seek to

(1) invalidate the agreement of settlement as permitted by law, or

(2) impose sanctions on the defendant as provided in subdivision (e) of this rule.

(e) A plaintiff seeking to impose sanctions on the defendant shall file an affidavit with the court attesting to non-payment. The affidavit shall be executed by the plaintiff’s attorney and be accompanied by

(1) a copy of any document evidencing the terms of the settlement agreement,

(2) a copy of the executed release,

(3) a copy of a receipt reflecting delivery of the executed release more than twenty days prior to the date of filing of the affidavit,

(4) a certification by the attorney of the applicable interest rate,

(5) the form of order prescribed by subdivision (h), and

(6) a certification by the attorney that the affidavit and accompanying documents have been served on the attorneys for all interested parties.

(f) Upon receipt of the affidavit and supporting documentation required by subdivision (e), the defendant shall have twenty days to file a response.

(g) If the court finds that the defendant violated subdivision (c) of this rule and that there is no material dispute as to the terms of the settlement or the terms of the release, the court shall impose sanctions in the form of interest calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the interest is awarded, plus one percent, not compounded, running from the twenty-first day to the date of delivery of the settlement funds, together with reasonable attorneys’ fees incurred in the preparation of the affidavit.

(h) The affidavit shall be accompanied by an order in substantially the following form:

AND NOW,

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 229.2 Petition to Transfer Structured Settlement Payment Rights.

(a) Words used in this rule, which are defined by the Structured Settlement Protection Act, shall have the meaning set forth in the Act.

Official Note

See Section 2 of the Act, 40 P. S. § 4002, which defines numerous terms including ‘‘best interests,’’ ‘‘dependents,’’ ‘‘payee,’’ ‘‘structured settlement obligor,’’ and ‘‘structured settlement payment rights.’’

(b) A petition to transfer structured settlement payment rights shall be filed in the county in which the payee is domiciled.

Official Note

See Section 4 of the Act, 40 P. S. § 4004, providing that the court of common pleas of the judicial district in which the payee is domiciled shall have jurisdiction over the petition.

(d) The petition shall be verified by the transferee and shall contain:

(1) a statement setting forth the payment provisions of the structured settlement agreement and the payment rights that the payee seeks to transfer,

(2) separate paragraphs which in bold type set forth

(i) the net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges, and

(ii) the following statement setting forth the interest rate:

‘‘Based on the net amount that the payee will receive from this transaction ($

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 230 Voluntary Nonsuit.

(a) A voluntary nonsuit shall be the exclusive method of voluntary termination of an action in whole or in part by the plaintiff during the trial.

Official Note

A plaintiff who asserts a cause of action ex contractu and joins as defendants persons liable to the plaintiff in different capacities may not obtain a voluntary nonsuit as to a defendant primarily liable without obtaining a voluntary nonsuit as to all defendants secondarily liable. Rule 2231(e).

(b) A plaintiff may not obtain a voluntary nonsuit without leave of court upon good cause shown and cannot do so after the close of all the evidence.

The provisions of this Rule 230 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended October 3, 2002, effective January 1, 2003, 32 Pa.B. 5175. Immediately preceding text appears at serial page (280399).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 230.1 Compulsory Nonsuit at Trial.

(a)(1) In an action involving only one plaintiff and one defendant, the court, on oral motion of the defendant, may enter a nonsuit on any and all causes of action if, at the close of the plaintiff’s case on liability, the plaintiff has failed to establish a right to relief.

(2) The court in deciding the motion shall consider only evidence which was introduced by the plaintiff and any evidence favorable to the plaintiff introduced by the defendant prior to the close of the plaintiff’s case.

Official Note

Subdivision (a) changes the prior practice whereby the entry of a compulsory nonsuit was precluded when any evidence had been presented by the defendant.

If a motion for compulsory nonsuit is granted, the plaintiff may file a written motion to remove the nonsuit. See Rule 227.1

(b) In an action involving more than one plaintiff, the court may not enter a compulsory nonsuit as to any plaintiff until the close of the case of all the plaintiffs.

(c) In an action involving more than one defendant, the court may not enter a nonsuit of any plaintiff prior to the close of the case of all plaintiffs against all defendants. The nonsuit may be entered in favor of

(1) all of the defendants, or

(2) any of the defendants who have moved for nonsuit if all of the defendants stipulate on the record that no evidence will be presented that would establish liability of the defendant who has moved for the nonsuit.

Official Note

The term ‘‘defendants’’ includes additional defendants.

The provisions of this Rule 230.1 adopted October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended May 30, 2001, effective July 1, 2001, 31 Pa.B. 3184. Immediately preceding text appears at serial page (255175).

(Editor’s Note: The Supreme Court issued an order on April 23, 2014 (No. 594 Civil Procedural Rule Doc.), suspending Rule 230.2, which is under review and revision. The order does not affect the trial courts’ ability to proceed pursuant to Pa.R.J.A. No. 1901. The order is effective immediately. See 44 Pa.B. 2747 (May 10, 2014).)

(Editor’s Note: The Supreme Court issued an order on December 9, 2015 (No. 634 Civil Procedural Rules Doc.), reinstating and amending Rule 230.2, effective December 31, 2016. See 45 Pa.B. 7283 (December 26, 2015). This order will be codified in the December 2016 Pennsylvania Code Reporter.)

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 230.2 Termination of Inactive Cases.

(a) General Rule. At least once a year, the court shall initiate proceedings to terminate cases in which there has been no activity of record for two years or more, and shall report such information to the Court Administrator of Pennsylvania on a form supplied by the Administrative Office of Pennsylvania Courts or in such format as requested from time to time by the Administrative Office of Pennsylvania Courts.

(b) Notice of Proposed Termination.

(1) For each case identified pursuant to subdivision (a), the court shall serve a notice of proposed termination on counsel of record, and on the parties if not represented, 30 days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination.

(2) The notice shall be served electronically pursuant to Rule 205.4(g)(1), or pursuant to Rule 440 on counsel of record and on the parties, if not represented, at the last address of record.

(c) Termination. If no statement of intention to proceed has been filed on or before the date of the proposed termination, the prothonotary shall enter an order as of course terminating the matter for failure to prosecute.

(d) Reinstatement.

(1) If an action has been terminated pursuant to this rule, an aggrieved party may petition the court to reinstate the action.

(2) If the petition is filed within 60 days after the entry of the order of termination on the docket, the court shall grant the petition and reinstate the action.

(3) If the petition is filed more than 60 days after the entry of the order of termination on the docket, the court shall grant the petition and reinstate the action upon a showing that:

(i) the petition was timely filed following the entry of the order for termination; and

(ii) there is a reasonable explanation or a legitimate excuse for the failure to file both:

(A) the statement of intention to proceed prior to the entry of the order of termination on the docket; and

(B) the petition to reinstate the action within 60 days after the entry of the order of termination on the docket.

(e) Termination with Prejudice. Any case which is reinstated pursuant to subdivision (d) shall be subject to termination with prejudice upon a subsequent termination pursuant to subdivision (a). No subsequent reinstatements shall be granted.

(f) Form Notice of Proposed Termination. The notice required by subdivision (b) shall be in the following form:

The court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years.

You may stop the court from terminating the case by filing a statement of intention to proceed. The statement of intention to proceed should be filed with the Prothonotary of the Court at

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 231 Second Action.

(a) After a discontinuance or voluntary nonsuit the plaintiff may commence a second action upon the same cause of action upon payment of the costs of the former action.

(b) After the entry of a compulsory nonsuit the plaintiff may not commence a second action upon the same cause of action.

Official Note

For the right to move to take off a compulsory nonsuit, see Rule 227.1.

The provisions of this Rule 231 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279. Immediately preceding text appears at serial page (143659).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 232 Counterclaim. Termination of Plaintiff’s Action.

(a) A discontinuance or nonsuit shall not affect the right of the defendant to proceed with a counterclaim theretofore filed.

(b) A counterclaim may not be terminated, in whole or in part, by the defendant, except by discontinuance or voluntary nonsuit, and subject to conditions similar to those applicable to the plaintiff.

The provisions of this Rule 232 adopted September 30, 1949, effective April 1, 1950; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279. Immediately preceding text appears at serial pages (143659) to (143660).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 233 [Rescinded].

Official Note

For service of legal papers other than original process, see Rules 440 and 441.

The provisions of this Rule 233 reserved effective June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (83217) to (83218).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 233.1 Frivolous Litigation. Pro Se Plaintiff. Motion to Dismiss.

(a) Upon the commencement of any action filed by a pro se plaintiff in the court of common pleas, a defendant may file a motion to dismiss the action on the basis that:

(1) the pro se plaintiff is alleging the same or related claims which the pro se plaintiff raised in a prior action against the same or related defendants, and

(2) these claims have already been resolved pursuant to a written settlement agreement or a court proceeding.

(b) The court may stay the action while the motion is pending.

(c) Upon granting the motion and dismissing the action, the court may bar the pro se plaintiff from pursuing additional pro se litigation against the same or related defendants raising the same or related claims without leave of court.

(d) The court may sua sponte dismiss an action that is filed in violation of a court order entered under subdivision (c).

Official Note

A pro se party is not barred from raising counterclaims or claims against other parties in litigation that the pro se plaintiff did not institute.

(e) The provisions of this rule do not apply to actions under the rules of civil procedure governing family law actions.

The provisions of this Rule 233.1 adopted March 8, 2010, effective April 8, 2010, 40 Pa.B. 1490.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234 [Rescinded].

Official Note

See Rule 234.1 et seq. governing subpoenas.

The provisions of this Rule 234 adopted January 18, 1963, effective September 1, 1963; amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; rescinded December 14, 1989, effective January 1, 1990, 20 Pa.B. 7. Immediately preceding text appears at serial page (99836).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.1 Subpoena to Attend and Testify.

(a) A subpoena is an order of the court commanding a person to attend and testify at a particular time and place. It may also require the person to produce documents or things which are under the possession, custody or control of that person.

Official Note

See Discovery Rule 4009.1 et seq. for a request upon a party and a subpoena upon a person not a party for the production of documents and things other than a deposition or a trial.

The twenty-day notice requirement of Rule 4009.21(a) is not applicable to a subpoena issued under Rule 234.1 in connection with a deposition. The provision of Rule 4007.1(d)(2) thatmaterials subpoenaed in connection with a deposition ‘‘shall be produced at the deposition and not earlier, except upon the consent of all parties to the action,’’ serves the same purpose as the notice requirement under Rule 4009.21(a).

(b) A subpoena may be used to command a person to attend and to produce documents or things only at

(1) a trial or hearing in an action or proceeding pending in the court, or

(2) the taking of a deposition in an action or proceeding pending in the court.

(c) A subpoena may not be used to compel a person to appear or to produce documents or things ex parte before an attorney, a party or a representative of the party.

(d) A subpoena shall be served reasonably in advance of the date upon which attendance is required.

The provisions of this Rule 234.1 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. 7; amended April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended November 24, 1998, effective January 1, 1999, 28 Pa.B. 6069; amended March 9, 2015, effective April 8, 2015, 45 Pa.B. 1490. Immediately preceding text appears at serial pages (349153) and (344991).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.2 Subpoena. Issuance. Service. Compliance. Fees. Prisoners.

(a) Upon the request of a party, the prothonotary shall issue a subpoena signed and under the seal of the court but otherwise in blank, substantially in the form prescribed by Rule 234.6.

(b) A copy of the subpoena may be served upon any adult within the Commonwealth by an adult.

Office Note

For service of a subpoena upon a minor who is a witness, see subdivision (e).

(1) in the manner prescribed by Rule 402(a);

(2) by any form of mail requiring a return receipt, postage prepaid, restricted delivery. Service is complete upon delivery of the mail to the person subpoenaed or any of the persons referred to in Rule 402(a)(2). The return receipt may be signed by the person subpoenaed or any of such persons; or

(3) by ordinary mail. The mail shall contain two copies of the Notice and Acknowledgment prescribed by Rule 234.9 and a self-addressed stamped envelope.

Official Note

A subpoena served by ordinary mail is not enforceable unless the witness acknowledges having received it. See Rule 234.5(a).

(c) The fee for one day’s attendance and round trip mileage shall be tendered upon demand at the time the person is served with a subpoena. If a subpoena is served by mail, a check in the amount of one day’s attendance and round trip mileage shall be enclosed with the subpoena.

Official Note

See 42 Pa.C.S. § 5903 for the compensation and expenses of witnesses. See also Evans v. Otis Elevator Co., 403 Pa. 13, 168 A.2d 573 (1961), regarding the right of an expert witness to refuse to testify on behalf of an adverse party.

(d) A court may compel the attendance of any person confined in jail or prison by issuing, upon motion, an order directed to the custodian of the person so confined to release the person to the custody of a sheriff or other appropriate agent.

(e)(1) For the purposes of this subdivision, ‘‘guardian’’ shall mean any parent, custodian, or other person who has legal custody of a minor, or person designated by the court to be a temporary guardian for purposes of a proceeding.

(2)(i) Except as provided by subdivision (ii), if a witness is a minor, a copy of the subpoena shall be served upon the minor and the guardian of the minor within the Commonwealth by an adult in the manner prescribed in subdivision (b).

Official Note

See Rule 76 for definition of ‘‘minor.’’

(ii) Upon prior court approval and good cause shown, a copy of the subpoena may be served upon a minor who is a witness without serving a copy of the subpoena on the guardian. The copy of the subpoena shall be served upon the minor within the Commonwealth by an adult in the manner prescribed in subdivision (b).

The provisions of this Rule 234.2 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. 7; amended April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended July 23, 2009, effective September 1, 2009, 39 Pa.B. 4738. Immediately preceding text appears at serial pages (256263) to (256264).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.3 Notice to Attend. Notice to Produce.

(a) A party may compel the attendance of another party or an officer or managing agent thereof for trial or hearing by serving upon that party a notice to attend substantially in the form prescribed by Rule 234.7. The notice shall be served reasonably in advance of the date upon which attendance is required. The notice may also require the party to produce documents or things.

(b) If the attendance of another party is not required, a party may compel the production of documents or things by the other party by serving upon that party a notice to produce substantially in the form prescribed by Rule 234.8.

(c) A notice to attend and a notice to produce shall be served in the manner provided by Rule 440 for service of legal papers other than original process.

Official Note

The notice to attend and the notice to produce may be issued only to parties and may be served within or outside the Commonwealth.

The provisions of this Rule 234.3 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. 7.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.4 Subpoena. Notice to Attend. Notice to Produce. Relief from Compliance. Motion to Quash.

(a) The party serving a subpoena or a notice to attend or a notice to produce may excuse compliance therewith.

(b) A motion to quash a subpoena, notice to attend or notice to produce may be filed by a party, by the person served or by any other person with sufficient interest. After hearing, the court may make an order to protect a party, witness or other person from unreasonable annoyance, embarrassment, oppression, burden or expense.

The provisions of this Rule 234.4 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. 7; amended April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921. Immediately preceding text appears at serial page (200254).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.5 Failure to Comply with Subpoena. Notice to Attend or Notice to Produce.

(a) If a witness fails to comply with a subpoena, the court may issue a bench warrant and if the failure to comply is wilful may adjudge the witness to be in contempt. No bench warrant may be issued and no adjudication of contempt may be made for the nonappearance of a witness served by ordinary mail pursuant to Rule 234.2(b)(3) unless the witness has returned the signed form of acknowledgment prescribed by Rule 234.9.

(b) If a party fails to comply with a subpoena, a notice to attend or a notice to produce, the court may enter any order imposing appropriate sanctions authorized by Rule 4019(c) and, if the failure to comply is for the purpose of delay or in bad faith, the court may impose on that party the reasonable expenses actually incurred by the opposing party by reason of such delay or bad faith, including attorney’s fees. If the failure is wilful the court, after hearing may adjudge the party to be in contempt.

The provisions of this Rule 234.5 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. 7.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.6 Form of Subpoena.

A subpoena issued pursuant to Rule 234.1 shall be substantially in the following form:Commonwealth of PennsylvaniaCounty of

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.7 Form of Notice to Attend.

The notice to attend required by Rule 234.3(a) shall be substantially in the following form:

(1) You are directed to come to

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.8 Form of Notice to Produce.

The notice to produce required by Rule 234.3(b) shall be substantially in the following form:

You are directed to produce the following:

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 234.9 Notice and Acknowledgment of Receipt of Subpoena by Mail.

The notice and acknowledgment of receipt of subpoena by mail required by Rule 234.2(b)(3) shall be substantially in the following form:

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 235 Notice to Attorney General. Constitutionality of Statute. Charitable Bequest or Trust.

In any proceeding in a court subject to these rules in which an Act of Assembly is alleged to be unconstitutional or a charitable bequest or trust is involved and the Commonwealth is not a party, the party raising the question of constitutionality or the plaintiff in a proceeding involving a charitable bequest or trust shall promptly give notice thereof by registered mail to the Attorney General of Pennsylvania together with a copy of the pleading or other portion of the record raising the issue and shall file proof of the giving of the notice. The Attorney General may intervene as a party or may be heard without the necessity of intervention. The court in its discretion may stay the proceedings pending the giving of the notice and a reasonable opportunity to the Attorney General to respond thereto. If the circumstances of the case require the court may proceed without prior notice in which event notice shall be given as soon as possible; or the court may proceed without waiting action by the Attorney General in response to a notice.

Official Note

By Definition Rule 76, registered mail includes certified mail.

The provisions of this Rule 235 adopted November 30, 1964, effective June 1, 1965; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended August 3, 1998, effective January 1, 1999, 28 Pa.B. 3929. Immediately preceding text appears at serial page (200258).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 236 Notice by Prothonotary of Entry of Order or Judgment.

(a) The prothonotary shall immediately give written notice of the entry of

(1) a judgment entered by confession to the defendant by ordinary mail together with a copy of all documents filed with the prothonotary in support of the confession of judgment. The plaintiff shall provide the prothonotary with the required notice and documents for mailing and a properly stamped and addressed envelope; and

(2) any other order or judgment to each party’s attorney of record or, if unrepresented, to each party. The notice shall include a copy of the order or judgment.

Official Note

See Rules 1012 and 1025 as to the requirement of an address on an appearance and a pleading.

(b) The prothonotary shall note in the docket the giving of the notice and, when a judgment by confession is entered, the mailing of the required notice and documents.

(c) Failure to give the notice or when a judgment by confession is entered to mail the required documents, or both, shall not affect the lien of the judgment.

(d) The prothonotary may give the notice required by subdivision (a) or notice of other matters by facsimile transmission or other electronic means if the party to whom the notice is to be given or the party’s attorney has filed a written request for such method of notification or has included a facsimile or other electronic address on a prior legal paper filed in the action.

Official Note

Except as provided by subdivision (a)(1) relating to the entry of a judgment by confession, Rule 236 does not prescribe a particular method of giving notice. Methods of notice properly used by the prothonotary include, but are not limited to, service via United States mail and courthouse mail. Subdivision (d) governs facsimile transmission and other electronic means if the prothonotary chooses to use such a method.

A facsimile or other electronic address set forth on letterhead is not a sufficient basis under this rule to authorize the prothonotary to give notice electronically.

Notice by facsimile transmission or other electronic means is applicable not only to orders and judgments under subdivision (a) but also to ‘‘other matters’’ such as the scheduling of a conference, hearing or trial or other administrative matters. Where the technology involved provides an acknowledgment for the mailing or the receipt of the notice, the prothonotary should retain that acknowledgment as part of his or her file.

See Rule 205.4 governing filling and service of legal papers by electronic means other than facsimile transmission.

See Rule 440(d) governing service of legal papers other than original process by facsimile transmission.

The provisions of this Rule 236 adopted October 4, 1973, effective December 1, 1973, amended March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended June 3, 1994, effective September 1, 1994, 24 Pa.B. 3017; amended November 28, 2000, effective January 1, 2001, 30 Pa.B. 6421; amended April 29, 2003, effective September 1, 2003, 33 Pa.B. 2356; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended June 12, 2006, effective July 1, 2006, 36 Pa.B. 3085; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial pages (302438) and (331697).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 237 Notice of Praecipe for Final Judgment.

No praecipe for entry of judgment upon a nonsuit by the court, a verdict of a jury or a decision of a judge following a trial without a jury shall be accepted by the prothonotary unless it includes a certificate that a copy of the praecipe has been mailed to each other party who has appeared in the action or to the attorney of record for each other party.

The provisions of this Rule 237 adopted March 28, 1973, effective July 1, 1973; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201. Immediately preceding text appears at serial page (320271).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 237.1 Notice of Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint or by Default for Failure to Plead.

(a) As used in this rule,

‘‘judgment of non pros’’ means a judgment entered by praecipe pursuant to Rules 1037(a) and 1659;

Official Note

When a defendant appeals from a judgment entered in a magisterial district court, Pa.R.C.P.M.D.J. 1004(b) authorizes the appellant to file a praecipe for a rule as of course upon the appellee to file a complaint or suffer entry of a judgment of non pros. The entry of the judgment of non pros is governed by Pa.R.C.P. No. 1037(a) and is subject to this rule.

‘‘judgment by default’’ means a judgment entered by praecipe pursuant to Rules 1037(b), 1511(a), 3031(a) and 3146(a).

(2) No judgment of non pros for failure to file a complaint or by default for failure to plead shall be entered by the prothonotary unless the praecipe for entry includes a certification that a written notice of intention to file the praecipe was mailed or delivered:

(i) in the case of a judgment of non pros, after the failure to file a complaint and at least ten days prior to the date of the filing of the praecipe to the party’s attorney of record or to the party if unrepresented, or

(ii) in the case of a judgment by default, after the failure to plead to a complaint and at least ten days prior to the date of the filing of the praecipe to the party against whom judgment is to be entered and to the party’s attorney of record, if any.

The ten-day notice period in subdivision (a)(2)(i) and (a)(2)(ii) shall be calculated forward from the date of the mailing or delivery, in accordance with Pa.R.J.A. 107.

Official Note

The final sentence of Rule 237.1(a)(2) alters the practice described in the decision of Williams v. Wade, 704 A.2d 132 (Pa. Super. 1997).

(3) A copy of the notice shall be attached to the praecipe.

(4) The notice and certification required by this rule may not be waived.

Official Note

A certification of notice is a prerequisite in all cases to the entry by praecipe of a judgment of non pros for failure to file a complaint or by default for failure to plead to a complaint. Once the ten-day notice has been given, no further notice is required by the rule even if the time to file the complaint or to plead to the complaint has been extended by agreement.

See Rule 237.4 for the form of the notice of intention to enter a judgment of non pros and Rule 237.5 for the form of the notice of intention to enter a judgment by default.

(b) This rule does not apply to a judgment entered

(1) by an order of court,

(2) upon praecipe pursuant to an order of court, or

(3) pursuant to a rule to show cause.

Official Note

See Rule 3284 which requires that in proceedings to fix fair market value of real property sold, notice must be given pursuant to the requirements of Rule 237.1 et seq.

The provisions of this Rule 237.1 adopted December 14, 1979, effective February 1, 1980, 10 Pa.B. 9; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended July 23, 2002, effective immediately, 32 Pa.B. 3884; amended May 19, 2005, effective immediately, 35 Pa.B. 3289; amended December 2, 2009, effective January 4, 2010, 40 Pa.B. 19; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (347560).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 237.2 Agreement to Extend Time to Plead Following Notice of Intention to Enter Judgment. Judgment of Non Pros by Default.

After the notice of intention to enter judgment required by Rule 237.1 has been given, the parties may agree in writing to extend the time within which to file a complaint, an answer or preliminary objections. The agreement shall be in the form prescribed by Rule 237.6 and shall be signed on behalf of both parties. If the required action is not taken within the time specified in the agreement, judgment of non pros or by default may be entered by the prothonotary without further notice under Rule 237.1.

Official Note

Rule 237.1(a)(4) provides that the requirements of notice and certification required by that rule may not be waived.

The provisions of this Rule 237.2 adopted December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 237.3 Relief from Judgment of Non Pros or by Default.

(a) A petition for relief from a judgment of non pros or by default entered pursuant to Rule 237.1 shall have attached thereto a copy of the complaint, preliminary objections, and/or answer which the petitioner seeks leave to file. All grounds for relief shall be raised in a single petition.

(b)(1) If the petition is filed within ten days after the entry of a judgment of non pros on the docket, the court shall open the judgment if the proposed complaint states a meritorious cause of action.

(2) If the petition is filed within ten days after the entry of a default judgment on the docket, the court shall open the judgment if one or more of the proposed preliminary objections has merit or the proposed answer states a meritorious defense.

Official Note

Rule 236 requires the prothonotary to give notice of the entry of any judgment and to note in the docket the giving of the notice.

The petitioner must act with reasonable diligence to see that the petition is promptly presented to the court if required by local practice.

See Schultz v. Erie Insurance Exchange, 477 A.2d 471 (Pa. 1984) for the requirements for opening a judgment by default and Rule 3051 as to a judgment of non pros. Rule 237.3 does not change the law of opening judgments. Rather, the rule supplies two of the three requisites for opening such judgments by presupposing that a petition filed as provided by the rule is timely and with reasonable explanation or legitimate excuse for the inactivity or delay resulting in the entry of the judgment. The requirement of this rule for proceeding within ten days is not intended to set a standard for timeliness in circumstances outside this rule.

See Rules 206.1 through 206.7 governing petition practice.

Rule 237.3 governs relief from a judgment by default or of non pros. Subdivision (a) requires that a copy of the complaint, preliminary objections, or answer sought to be filed be attached to the petition for relief from the judgment. This enables the court to determine from the actual complaint, preliminary objections, or answer to be filed whether the complaint alleges a meritorious cause of action, one or more of the preliminary objections has merit, or the answer alleges a meritorious defense.

Subdivision (b) eases the burden of a party against whom judgment has been entered and who ment of non pros within ten days after entry of the judgment on the docket, the rule requires the court to open the judgment if the proposed complaint states a meritorious cause of action. If the petitioner files a petition for relief from a default judgment within ten days after entry of the judgment on the docket, the rule requires the court to open the judgment if one or more of the proposed preliminary objections has merit or the proposed answer states a meritorious defense. The rule provides a date certain from which to measure the ten-day period and the language establishing the beginning of that period is derived from Rule 1308 governing appeals in compulsory arbitration.

Case law has imposed three requirements for opening a judgment by default: a petition timely filed, a reasonable explanation or legitimate excuse for the inactivity or delay and a showing of a meritorious defense. Rule of Civil Procedure 3051 similarly states these three requisites for opening a judgment of non pros, substituting the showing of a meritorious cause of action rather than a meritorious defense. Rule 237.3(b) presumes that a petition filed within the required ten-day period is both timely and with reasonable explanation or legitimate excuse for the inactivity or delay. In this context, subdivision (b) requires that the judgment be opened if the petitioner attaches to the petition a complaint which states a meritorious cause of action, one or more preliminary objections which has merit, or an answer which states a meritorious defense. A note to the rule cautions that the rule is not intended to change the law relating to the opening of judgments in any way or to impose a new standard of timeliness in cases outside the limited circumstances set forth in the rule.moves promptly for relief from that judgment. If the petitioner files a petition for relief from a judge

Illustrations

In illustrations 1 through 3, the defendant has failed to plead within the required time to a complaint containing a notice to plead.

Prior to receiving a notice of intention to enter a default judgment, defendant seeks an agreement with the plaintiff for an extension of time in which to plead. The parties may certainly agree to an extension of time and proceed in accordance with their agreement. However, such an agreement is really unnecessary since the plaintiff cannot enter judgment without giving the ten-day notice required by the rule and the ten-day notice cannot be waived. Defendant may plead within the time up to the date of mailing or delivery of the notice plus ten days. This period of time may be more than might be provided by any agreement. In addition, there is no danger of a judgment being entered as the required notice has not been given.
Defendant has received the ten-day notice but cannot file the pleading within the ten-day period. Now, as provided by Rule 237.2, it is appropriate to seek an agreement to extend the time in which to plead since the plaintiff has given the notice which is prerequisite to the entry of judgment and actual entry of the judgment is imminent.
Defendant has received the ten-day notice and obtained an agreement extending the time to plead. However, defendant does not plead within the agreed time. Plaintiff may enter judgment by default without further notice as provided by Rule 237.2 and the form of agreement set forth in Rule 237.6.

In illustrations 4 and 5, the plaintiff has entered a valid judgment by default against the defendant and the prothonotary has entered the judgment in the docket and noted the date thereof. Thereafter, the defendant files a petition to open the judgment.

The defendant files the petition to open the judgment within ten days of the date on which the prothonotary entered the judgment on the docket and seeks leave to file the answer attached to the petition. The defendant is entitled to the benefit of Rule 237.3(b)(2) by timely filing the petition and attaching an answer. Rule 237.3(b)(2) requires the court to open the judgment upon the defendant demonstrating to the court that the filing of the petition was within the ten-day period and that the answer attached to the petition states a meritorious defense.
The defendant files a petition to open the judgment more than ten days after the date of entry of the judgment on the docket. The petition to open is not within the scope of Rule 237.3(b) which requires that the petition be ‘‘filed within ten days after the entry of the judgment on the docket’’. The defendant must proceed pursuant to case law and meet the standards of Schultz v. Erie Insurance Exchange, 477 A.2d 471 (Pa. 1984).

Although these illustrations use the example of the entry of a judgment by default and a petition to open the judgment, they are adaptable and thus equally applicable to the entry of a judgment of non pros for failure to file a complaint and a petition to open such a judgment.

The 1994 Explanatory Comment to Rule 237.3 provides several illustrations of the application of the rule. A discrepancy exists between Illustration 1 and Rule 237.1(a)(2)(ii) governing notice of praecipe to enter judgment of non pros or by default. The 1994 Explanatory Comment provides that the defendant may plead within the time of receiving the notice of praecipe plus ten days. Rule 237.1(a)(2)(ii) states that the ten-day period shall be calculated forward from the date of the mailing or delivery of the notice. The 1994 Explanatory Comment has been amended to conform with the text of Rule 237.1(a)(2)(ii).

In 2016, Rule 237.3 was amended by adding preliminary objections as a type of pleading that may be attached to a petition for relief from a default judgment. By allowing the use of preliminary objections, the 2016 amendment was intended to give a defendant the same right to file a responsive pleading after the entry of a default judgment that is afforded to him or her prior to entry of a default judgment. In practice, however, litigants have interpreted this provision to permit the filing of a petition for relief with proposed preliminary objections attached, and then, when that petition is denied, to then file an additional petition for relief by attaching the proposed answer, notwithstanding the requirement that a petition for relief must be filed within 10 days of the entry of a default judgment. To promote procedural efficiency, Rule 237.3 has been amended to require a litigant to raise all grounds for relief in a single petition.

The provisions of this Rule 237.3 adopted December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended January 19, 2001, effective July 1, 2001, 31 Pa.B. 627; amended December 2, 2010, effective immediately, 41 Pa.B. 7; amended October 4, 2016, effective January 1, 2017, 46 Pa.B. 6610; amended December 18, 2019, effective April 1, 2020, 50 Pa.B. 198. Immediately preceding text appears at serial pages (395593) to (395594) and (384493).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 237.4 Form of Notice of Praecipe to Enter Judgment of Non Pros.

The notice required by Rule 237.1(a)(2) shall be substantially in the following form:

(CAPTION)

To:

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 237.5 Form of Notice of Praecipe to Enter Judgment by Default.

The notice required by Rule 237.1(a)(2) shall be substantially in the following form:

(CAPTION)

To:

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 237.6 Form of Agreement to Extend Time.

An agreement to extend time required by Rule 237.2 shall be substantially in the following form:

(Caption)

AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME TO PLEAD FOLLOWING TEN-DAY NOTICE

It is agreed that

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 238 Damages for Delay in an Action for Bodily Injury, Death or Property Damage.

(a)(1) At the request of the plaintiff in a civil action seeking monetary relief for bodily injury, death or property damage, damages for delay shall be added to the amount of compensatory damages awarded against each defendant or additional defendant found to be liable to the plaintiff in the verdict of a jury, in the decision of the court in a nonjury trial or in the award of arbitrators appointed under section 7361 of the Judicial Code, 42 Pa.C.S. § 7361, and shall become part of the verdict, decision or award.

(2) Damages for delay shall be awarded for the period of time from a date one year after the date original process was first served in the action up to the date of the award, verdict or decision.

(3) Damages for delay shall be calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the damages are awarded, plus one percent, not compounded.

(b)(1) The period of time for which damages for delay shall be calculated under subdivision (a)(2) shall exclude the period of time, if any,

(i) after the defendant made a written offer which complied with the requirements of subdivision (b)(2), provided that the plaintiff obtained a recovery which did not exceed the amount described in subdivision (b)(3), or

(ii) during which the plaintiff caused delay of the trial.

Official Note

This rule does not preclude the suspension of damages for delay as a pre-trial sanction under Discovery Rule 4019.

In additional defendant proceedings, the additional defendant will be considered the defendant, for purposes of this subdivision, and the plaintiff will be considered either the original defendant if liability over is claimed, or the original plaintiff if direct liability is claimed, or both if both forms of liability are claimed.

(2) The written offer of settlement required by subdivision (b)(1)(i) shall contain an express clause continuing the offer in effect for at least ninety days or until commencement of trial, whichever occurs first, and shall either

(i) be in a specified sum with prompt cash payment, or

(ii) contain a structured settlement plus any cash payment. An offer that includes a structured settlement shall disclose the terms of payment underwritten by a financially responsible entity, the identity of the underwriter and the cost.

Official Note

The offer of the cost of the structured settlement and any cash payment must remain open for ninety days. The cost of the entire structured settlement must remain the same while the terms of the payment may vary and have to be recalculated at the time of acceptance due to market fluctuation over the ninety-day period during which the offer must remain open.

(3) The plaintiff’s recovery required by subdivision (b)(1)(i), whether by award, verdict or decision, exclusive of damages for delay, shall not be more than 125 percent of either the specified sum or the cost of the structured settlement plus any cash payment to the plaintiff.

(c) Not later than ten days after the verdict or notice of the decision, the plaintiff may file a written motion requesting damages for delay and setting forth the computation. The motion shall begin with the following notice:

NOTICE You are hereby notified to file a written answer to the attached motion for delay damages within twenty days from the filing of the motion or the delay damages sought in the motion may be added to the verdict or decision against you.

(1) Within twenty days after the motion is filed, the defendant may answer specifying the grounds for opposing the plaintiff’s motion. The averments of the answer shall be deemed denied. If an issue of fact is raised, the court may, in its discretion, hold a hearing before entering an appropriate order.

Official Note

An order of the court on the motion for delay damages shall not be subject to a motion for post-trial relief.

(2) If the defendant does not file an answer and oppose the motion, the prothonotary upon praecipe shall add the damages for delay to the verdict or decision in the amount set forth in the motion.

(3)(i) If a motion for post-trial relief has been filed under Rule 227.1 and a motion for delay damages is pending, a judgment may not be entered until disposition has been made of all motions filed under Rule 227.1 and this rule.

(ii) If no motion for post-trial relief is filed within the ten-day period under Rule 227.1 but the defendant opposes the motion for delay damages, the plaintiff may enter judgment on the verdict or decision. Thereafter, upon deciding the motion for damages for delay, the court shall enter judgment for the amount of the delay damages, if any.

(d)(1) In an action heard by a board of arbitrators on which damages for delay are requested, at least twenty days prior to the hearing the plaintiff shall notify the defendant of the intention to request delay damages and the date from which they are to be calculated. A defendant who objects to the request shall submit to the plaintiff within ten days prior to the hearing a statement setting forth the objections and whether

(i) the defendant made an offer in writing and, if so, the amount and the date of the offer; and

(ii) there was a period of time during which delay of the arbitration hearing was attributable to the plaintiff. Each party shall submit to the board at the hearing a sealed envelope containing the plaintiff’s request and the defendant’s statement. Immediately upon making an award, the board of arbitrators shall review the contents of the envelopes and add damages for delay, if any, to the award. If the defendant opposes the request, the board may hold a hearing on the issue of damages for delay and shall immediately thereafter determine the amount of damages for delay, if any. Damages for delay shall be separately stated in the report and award of the arbitrators.

Official Note

This rule contemplates that the board of arbitrators will make its award immediately upon conclusion of the hearing and that it will then proceed to consider the issue of damages for delay.

(2) The damages for delay shall not be included in determining whether the amount in controversy is within the jurisdiction of the arbitrators.

(e) This rule shall not apply to

(1) eminent domain proceedings;

Official Note

See Article VI, section 611 of the Eminent Domain Code of 1964, Special Session, June 23, P.L. 84, 26 P.S. § 1-611, governing compensation for delay in payment.

(2) actions in which damages for delay are allowable in absence of this rule.

Official Note

See Marrazzo v. Scranton Nehi Bottling Co., Inc., 438 Pa. 72, 263 A.2d 336 (1970), for instances in which compensation for delay may be allowed in actions for destruction or involuntary conversion of property where the compensation can be measured by market value or other definite standards.

(f) This rule shall apply to actions pending on or after the effective date of this rule in which damages for delay have not been determined.

The prime rate as set forth in the first edition of the Wall Street Journal for a particular year is the basis for calculating damages for delay under Pa.R.Civ.P. 238 as revised November 7, 1988. The prime rate published in the first edition of the Wall Street Journal for each of the years specified is as follows:

The prime rate for the years 1980 through 1997 may be found in the Addendum to the Explanatory Comment published in the Pennsylvania Bulletin, 33 Pa.B. 634 (February 1, 2003), and on the web site of the Civil Procedural Rules Committee at https://www.pacourts.us.

The provisions of this Rule 238 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended November 7, 1988, effective immediately, 18 Pa.B. 5334. The provisions of the Addendum to the Explanatory Comment amended February 2, 1990, effective January 2, 1990, 20 Pa.B. 487; amended February 1, 1991, effective January 2, 1991, 21 Pa.B. 414; amended March 6, 1992, effective January 2, 1992, 22 Pa.B. 947; amended March 26, 1993, effective January 4, 1993, 23 Pa.B. 1443; amended February 18, 1994, effective January 3, 1994, 24 Pa.B. 960; amended January 27, 1995, effective January 3, 1995, 25 Pa.B. 316; amended February 9, 1996, effective January 2, 1996, 26 Pa.B. 585; amended January 17, 1997, effective January 2, 1997, 27 Pa.B. 293; amended September 24, 1997, effective January 1, 1998, 27 Pa.B. 5245; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 359; amended January 22, 1999, effective January 4, 1999, 29 Pa.B. 449; amended January 29, 2000, effective January 3, 2000, 30 Pa.B. 519; amended January 19, 2001, effective January 21, 2001, 31 Pa.B. 410; amended February 1, 2002, effective February 2, 2002, 32 Pa.B. 548; amended July 29, 2002, effective immediately, 32 Pa.B. 3885; amended January 31, 2003, effective January 2, 2003, 33 Pa.B. 634; amended January 31, 2004, effective January 2, 2004, 34 Pa.B. 557; amended January 21, 2005, effective January 3, 2005, 35 Pa.B. 500; amended January 20, 2006, effective January 3, 2006, 36 Pa.B. 272; amended January 19, 2007, effective January 2, 2007, 37 Pa.B. 312; amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 337; amended January 16, 2009, effective January 17, 2009, 39 Pa.B. 304; amended January 22, 2010, effective January 23, 2010, 40 Pa.B. 518; amended January 14, 2011, effective January 15, 2011, 41 Pa.B. 333; amended January 20, 2012, effective January 21, 2012, 42 Pa.B. 377; amended January 25, 2013, effective January 26, 2013, 43 Pa.B. 525; amended January 17, 2014, effective January 18, 2014, 44 Pa.B. 323; amended January 16, 2015, effective January 17, 2015, 45 Pa.B. 291; amended January 15, 2016, effective January 16, 2016, 46 Pa.B. 332; amended January 13, 2017, effective January 14, 2017, 47 Pa.B. 178; amended January 12, 2018, effective January 13, 2018, 48 Pa.B. 224; amended January 11, 2019, effective January 12, 2019, 49 Pa.B. 169; amended January 17, 2020, effective January 18, 2020, 50 Pa.B. 306; amended January 15, 2021, effective January 16, 2021, 51 Pa.B. 265; amended January 21, 2022, effective January 22, 2022, 52 Pa.B. 440; amended January 13, 2023, effective January 14, 2023, 53 Pa.B. 322; amended January 12, 2024, effective January 13, 2024, 54 Pa.B. 138; amended January 17, 2025, effective January 18, 2025, 55 Pa.B. 438; amended January 16, 2026, effective January 17, 2026, 56 Pa.B. 351. Immediately preceding text appears at serial pages (377621) to (377622) and (422077) to (422079).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239 Local Rules.

The requirements for the promulgation and amendment of local rules of civil procedure are set forth in Pennsylvania Rule of Judicial Administration 103(d).

Official Note

Effective August 1, 2016, Pennsylvania Rule of Judicial Administration 103 was amended to consolidate and include all local rulemaking requirements. Accordingly, the requirements under Rule 239 for the promulgation and amendment of local rules of civil proce- dure were rescinded and replaced. All local rules previously promulgated in accordance with the requirements of this rule prior to rescission remain effective upon compilation and publication pursuant to Pa.R.J.A. No. 103(d)(7).

The provisions of this Rule 239 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 685; amended May 19, 1987, effective July 1, 1987, 17 Pa.B. 2137; amended December 29, 1992, effective July 1, 1993, 23 Pa.B. 248 and 701; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended November 28, 2000, effective January 1, 2001, 30 Pa.B. 6421; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended June 30, 2004, effective immediately, 34 Pa.B. 3677; amended October 15, 2004, effective immediately, 34 Pa.B. 5890; amended December 15, 2010, effective immediately, 41 Pa.B. 215; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (379938) and (354873) to (354874).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.1 Pleadings and Legal Papers. Local Rules 205.2(a) and 205.2(b).

(a) A court may impose requirements governing the physical characteristics of pleadings and other legal papers. A court which imposes such requirements must promulgate a local rule, numbered Local Rule 205.2(a), listing those requirements.

(b) A court may require pleadings and other legal papers to be accompanied by a cover sheet in the form set forth in the local rule. A court which imposes such requirements must promulgate a local rule, numbered Local Rule 205.2(b), stating the requirements and setting forth the form of the cover sheet.

The provisions of this Rule 239.1 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.2 Petitions. Rule to Show Cause. Local Rules 206.1(a) and 206.4(c).

(a) If, pursuant to Rule 206.1(a)(2), a court has designated applications which are to proceed under Rule 206.1 et seq., the court must promulgate a local rule, numbered Local Rule 206.1(a), listing those applications.

(b) Every court shall promulgate a local rule, numbered Local Rule 206.4(c), which describes the court’s procedures for the issuance of a rule to show cause.

(c)(1) If a court has by local rule adopted the procedure of Rule 206.6 providing for the issuance of a rule to show cause as of course, Local Rule 206.4(c) shall expressly

(i) state that the rule shall issue as a matter of course pursuant to Rule 206.6, and

(ii) describe the steps that the moving party must take for the rule to issue.

(2) Local Rule 206.4(c) shall also describe the manner by which the court considers a petitioner’s request for a stay of execution pending disposition of a petition to open a default judgment.

(d) If a court follows the procedure of Rule 206.5 under which the issuance of a rule to show cause is discretionary, Local Rule 206.4(c)

(1) shall describe the manner in which the request for the issuance of the rule is scheduled, argued, and decided, and

(2) may impose requirements for the filing of briefs addressing whether a rule to show cause should issue.

(e) In addition to the matters set forth in subdivision (b) or (c), Local Rule 206.4(c) may impose requirements upon the moving party to

(1) transmit the original and/or copies of the petition and related legal papers to a judge or other court personnel, and

(2) notify other parties of the date, time and location of a court proceeding.

Official Note

Local Rule 206.4(c) shall not modify the provisions of Rules 206.1 through 206.2 governing the contents of a petition or answer, Rule 206.3 governing verification, or Rule 206.7 governing the procedure after issuance of a rule to show cause.

Local Rule 206.4(c) shall not alter the form of the order of court required by Rule 206.5(d), which sets forth the dates by which an answer shall be filed and depositions shall be completed, and the date of the final argument. Pursuant to the Note to Rule 206.5(d), the form of the order may be modified to provide for an evidentiary hearing on disputed issues of fact, the use of forms of discovery other than depositions, the filing of briefs, and disposition without oral argument.

The provisions of this Rule 239.2 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506; amended October 15, 2004, effective immediately, 34 Pa.B. 5889. Immediately preceeding text appears at serial pages (304780) and (301329).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.3 Motions. Local Rules 208.2(c), 208.2(d), 208.2(e), 208.3(a) and 208.3(b).

(a) A court may impose a requirement that a motion include a brief statement of the applicable authority. A court which has imposed this requirement must promulgate a local rule, numbered Local Rule 208.2(c), stating the requirement.

(b) A court may impose a certification requirement for motions that are presented as uncontested. A court which imposes such a certification requirement must promulgate a local rule, numbered Local Rule 208.2(d), stating the requirement.

(c) A court may require any motion relating to discovery to include a certification signed by counsel for the moving party certifying that counsel has con-ferred or attempted to confer with all interested parties in order to resolve the matter without court action. A court which requires such a certification must promulgate a local rule, numbered Local Rule 208.2(e), stating the requirement.

(d) Every court shall promulgate a local rule, numbered Local Rule 208.3(a), which describes the court’s motion procedure under Rule 208.3(a). Local Rule 208.3(a)

(1) shall describe the manner in which

(i) motions are scheduled, argued and decided and

(ii) emergency motions are scheduled, argued, and decided if they are governed by a different procedure, and

(2) may impose requirements upon a party to

(i) transmit the original and/or copies of the motion and related legal papers to a judge or other court personnel; and

(ii) notify other parties of the time, date and location of a court proceeding.

(e) If, pursuant to Rule 208.3(b), a court has imposed requirements for the filing of a response, a brief or both with respect to designated motions, the court shall promulgate a local rule, numbered Local Rule 208.3(b), which lists those motions and requirements and which describes the court’s motion practice under Rule 208. 3(b). Local Rule 208.3(b) shall conform to the requirements of subdivision (d) of this rule and may provide that the motion shall be treated as uncontested if a response is not filed.

The provisions of this Rule 239.3 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506; amended October 15, 2004, effective immediately, 34 Pa. B. 5889. Immediately preceding text appears at serial pages (301329) to (301330).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.4 Briefs. Local Rule 210.

A court may impose requirements governing the form and content of a brief. A court which imposes such requirements must promulgate a local rule, numbered Local Rule 210, listing those requirements.

The provisions of this Rule 239.4 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.5 Preliminary Objections. Local Rule 1028(c).

(a) Every court shall promulgate a local rule, numbered Local Rule 1028(c), which describes the court’s procedures for the disposition of preliminary objections and which

(1) shall set forth the manner in which preliminary objections are scheduled, argued and decided, and

(2) may impose requirements upon a party to

(i) transmit the original and/or copies of the preliminary objections and related legal papers to a judge or other court personnel,

(ii) notify other parties of the date, time and location of a court proceeding, and

(iii) file briefs.

Official Note

Under Rules 1026 and 1029, an answer to preliminary objections shall be filed within twenty days after service of the preliminary objection whenever preliminary objections raise issues of fact and are endorsed with a notice to plead. This requirement shall not be altered by a local rule.

(b) This rule shall not apply to family law actions governed by Rules 1901 through 1940.9 or actions pursuant to the Eminent Domain Code of 1964.

The provisions of this Rule 239.5 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.6 Motion for Judgment on the Pleadings. Local Rule 1034(a).

Every court shall promulgate a local rule, numbered Local Rule 1034(a), which describes the court’s procedures for the disposition of a motion for judgment on the pleadings and which

(1) shall set forth the manner in which motions for judgment on the pleadings are scheduled, argued and decided, and

(2) may impose requirements upon a party to

(i) transmit the original and/or copies of the motion and related legal papers to a judge or other court personnel,

(ii) notify other parties of the date, time and location of a court proceeding,

(iii) file a response within twenty days after service of the motion, and

(iv) file briefs.

The provisions of this Rule 239.6 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.7 Motion for Summary Judgment. Local Rule 1035.2(a).

Every court shall promulgate a local rule, numbered Local Rule 1035.2(a), which describes the court’s procedures for the disposition of motions for summary judgment and which

(1) shall set forth the manner in which motions for summary judgment are scheduled, argued and decided, and

(2) may impose requirements upon a party to

(i) transmit the original and/or copies of the motion and related legal papers to a judge or other court personnel,

(ii) notify other parties of the date, time and location of a court proceeding, and

(iii) file briefs.

Official Note

The procedural requirements of Rule 1035.1 et seq., including the thirty-day period of Rule 1035.3(a) in which to file a response to the motion, shall not be altered by a local rule.

The provisions of this Rule 239.7 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.8 Local Rules. Promulgation. Publication. Effective Date.

The requirements for the promulgation and amendment of local rules of civil procedure are set forth in Pennsylvania Rule of Judicial Administration 103(d).

Official Note

Effective August 1, 2016, Pennsylvania Rule of Judicial Administration 103 was amended to consolidate and include all local rulemaking requirements. Accordingly, the requirements under Rule 239.8 for the promulgation and amendment of local rules of civil pro-cedure were rescinded and replaced. All local rules previously promulgated in accordance with the requirements of this rule prior to rescission remain effective upon compilation and publication pursuant to Pa.R.J.A. No. 103(d)(7).

The provisions of this Rule 239.8 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506; amended June 30, 2004, effective immediately, 34 Pa.B. 3677; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended December 15, 2010, effective immediately, 41 Pa.B. 215; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceeding text appears at serial page (354878).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 239.9 Electronic Filing. Local Rule 205.4.

(a) If a court permits or requires the electronic filing of legal papers with the prothonotary, the court must promulgate a local rule designated Local Rule 205.4 which sets forth in detail the practice and procedure to file a legal paper electronically and includes the matters set forth in this rule.

(b) Local Rule 205.4 shall include the following subdivisions as required by Pa.R.C.P. No. 205.4:

(1) subdivision (a)(1) stating whether the electronic filing system is permissive or mandatory and specifying the actions and proceedings and the legal papers subject to the rule,

(2) subdivision (b)(1) setting forth one or more formats in which legal papers shall be submitted to the prothonotary for filing. The formats shall include portable document format (pdf) and such other electronic format, if any, that the court may designate,

(3) subdivision (c)(2) providing a method of access to the electronic filing website for persons who are not attorneys,

(4) subdivision (d)(1) listing the credit and debit cards approved by the court or the prothonotary, and stating whether the filing fee may be paid by depositing, in advance, sufficient funds with the prothonotary,

(5) subdivision (d)(3) providing the manner of payment when the court has designated a third party to operate the electronic filing system, and

(6) subdivision (f) providing the practice and procedure to govern the matters provided for in Rule 205.4(f).

(c) Local Rule 205.4 may contain such additional subdivisions as the court deems necessary to provide a full and complete description of the electronic filing system.

The provisions of this Rule 239.9 adopted November 14, 2007, effective December 14, 2007, 37 Pa.B. 6258; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (354878) and (360813).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 240 Application to Waive Fees and Costs.

(a) General Rule. Except as provided in subdivision (b), the procedure for requesting waiver of fees and costs in all civil actions is set forth in Pennsylvania Rule of Judicial Administration 1990.

(b) Commencing Action by Writ of Summons. If a party commences a civil action by a writ of summons and the party seeks a waiver of fees and costs:

(1) The court shall not act on the application to waive fees and costs until the party files a complaint.

(2) If the party has not filed a complaint within 90 days of the application’s filing date, the court may deny the application.

(c) Dismissal for Frivolous Action. Nothing in Pa.R.J.A. 1990 shall preclude the court from sua sponte dismissing an underlying action, which is filed contemporaneously with an application to waive fees and costs, as frivolous.

The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Pa.R.Civ.P. 205.6.

Subdivision (b) addresses additional requirements when a party commences a civil action via the issuance of a writ of summons and seeks waiver of fees and costs. Within 90 days of filing the application, the party must file the complaint. Once the complaint is filed, the court may act on the application. If a party fails to file timely the complaint, the action may be dismissed.

Subdivision (c) enables the courts of common pleas to eliminate frivolous lawsuits involving a party who is requesting a waiver of fees and costs. The effect of such lawsuits on the judicial system was stated by the Supreme Court of the United States in Neitzke v. Williams, 490 U.S. 319 (1989):

We recognize the problems in judicial administration caused by the surfeit of meritless in forma pauperis complaints in the federal courts, not the least of which is the possibility that meritorious complaints will receive inadequate attention or be difficult to identify amidst the overwhelming number of meritless complaints.

Id. at 326. This definition is virtually identical in its statement with the definition of the Supreme Court of Pennsylvania in Robinson v. Com., Pa. Board of Probation and Parole, 582 A.2d 857, 860 (Pa. 1990) defining the term ‘‘frivolous’’ as used in Pa.R.A.P. 2744 as ‘‘an appeal which lacks any basis in law or fact.’’

See Pa.R.Civ.P.M.D.J. 1016—1020 for the procedures governing reconsideration in the court of common pleas of the denial of an application to waive fees and costs by a magisterial district judge.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

The Judiciary Act Repealer Act (JARA) became law in 1978, repealing literally thousands of statutory provisions governing civil practice and procedure and amending many others. The Rules of Civil Procedure contained many references to these repealed and amended statutes.

The recent Order of the Supreme Court deletes several notes which are obsolete either because they refer to statutes which have been repealed or amended or because they are no longer of benefit to the bench and bar. Other notes have been amended to refer to current statutory provisions or other rules.

The following rules have been amended:

There are two housekeeping amendments. Rule 240 governing proceedings in forma pauperis has been amended by deleting the opening phrase of subdivision (c)(3). The language was surplusage and had no relevance to the subdivision.

Second, Rule 1041.1(b) governing asbestos litigation was amended by deleting the second paragraph. The second paragraph repeated the text of Rule of Judicial Administration 1902 verbatim and was unnecessary here. No change in practice results from the deletion of the second paragraph.

The amendments are of a technical nature only and do not result in any change in practice or procedure.

New subdivision (i) of Pennsylvania Rule of Civil Procedure 240 governing proceedings in forma pauperis enables the courts of common pleas to eliminate frivolous in forma pauperis lawsuits. The effect of such lawsuits on the judicial system was stated by the Supreme Court of the United States in Neitzke v. Williams, 490 U.S. 319, 326, 109 S.Ct. 1827, 1831, 104 L.Ed.2d 338, 347 (1990):

New Rule 240(i) would allow the court to dismiss an action in which a petition for leave to proceed in forma pauperis has been filed and either ‘‘the allegation of poverty is untrue’’ or ‘‘the court is satisfied that the action, proceeding or appeal is frivolous.’’ The court may dismiss a suit under this rule only where the petition for in forma pauperis status is filed simultaneously with the commencement of the suit and the court has taken no action on the petition. Once the petition has been granted and the petitioner has taken steps to prosecute the suit, the traditional remedies of preliminary objections, judgment on the pleadings and summary judgment are available to the defending party.

The subject of the rule is the ‘‘frivolous’’ lawsuit. A note has been added to the rule calling attention to a definition of that term by the Supreme Court of the United States. That definition is virtually identical in its statement with the definition of the Supreme Court of Pennsylvania in Robinson v. Com., Pa. Board of Probation and Parole, 525 Pa. 505, 512, 582 A.2d 857, 860 (1990) defining the term ‘‘frivolous’’ as used in Pennsylvania Rule of Appellate Procedure 2744 as ‘‘an appeal which lacks any basis in law or fact.’’

It had been suggested that there was a problem in clearing the docket when, upon commencing an action or taking an appeal from the judgment of a district justice, the party commencing the action or taking the appeal petitioned the court for leave to proceed in forma pauperis but the petition was denied and the required fee was never paid. Rule 240(c)(1) has been amended to correct the problem.

Subdivision (c)(1) governs the filing of a petition ‘‘simultaneously with the commencement of the action or with the taking of the appeal’’. Initially, the prothonotary must docket the petition and the action or appeal without the payment of a filing fee. The previous rule simply provided that if the petition is denied, the petitioner must pay the required filing fee and cannot without leave of court take any further step in the action as long as the fee is not paid. The rule did not specify a time within which the fee must be paid or provide a remedy to the prothonotary for an action or appeal stalled by the nonpayment of the filing fee.

Revised Rule 240(c)(1) has been divided into two subparagraphs. Subparagraph (i) consists of the first sentence of previous Rule 240(c)(1) without change and requires the prothonotary to docket the petition and the action or appeal without the payment of a filing fee. Subparagraph (ii) consists of the remaining two sentences of previous Rule 240(c)(1) without change and two new sentences:

(ii) If the court shall thereafter deny the petition, the petitioner shall pay the filing fee for commencing the action or taking the appeal. A party required to pay such fee may not without leave of court take any further steps in the action or appeal so long as such fee remains unpaid. Not sooner than ten days after notice of the denial of the petition pursuant to Rule 236, the prothonotary shall enter a judgment of non pros in the action or strike the appeal if the fee remains unpaid. The action or appeal shall be reinstated only by the court for good cause shown.

The new language permits the prothonotary to clear the docket for the non payment of the filing fee no sooner than ten days after denial of the petition to proceed in forma pauperis. By allowing the prothonotary to proceed, the rule encourages the petitioner to pay the required fee promptly, i.e., within ten days. Two points are to be noted. First, the amended rule does not require the prothonotary to act immediately upon the expiration of the ten day period. The prothonotary is merely directed to act no sooner than ten days after denial of the petition. Second, the prothonotary is directed to enter a judgment of non pros or to strike the appeal only ‘‘if the fee remains unpaid.’’ Consequently, once the fee has been paid the prothonotary may not take any action even though the ten day period has expired.

Prior to the present amendment, Rule 240(d) provided for a party represented by an attorney to proceed in forma pauperis upon the filing of a praecipe. The rule prescribed two requirements for the praecipe. First, the praecipe must have contained ‘‘a certification by the attorney that he or she is providing free legal service to the party and believes the party is unable to pay the costs’’. Second, the praecipe must have been ‘‘accompanied by the affidavit required by subdivision (c)’’ which is filed in support of a petition for leave to proceed in forma pauperis and which demonstrates the party’s inability to pay the costs of litigation.

Subdivision (d) has been amended by deleting the requirement that the affidavit accompany the praecipe. As amended, the rule provides for the prothonotary to allow a party to proceed in forma pauperis solely upon a praecipe containing the certification of the party’s attorney. A conforming amendment to the form of the praecipe in subdivision (i) deletes the reference to the accompanying affidavit. These amendments bring the rule into conformity with Rule 552(d) of the Pennsylvania Rules of Appellate Procedure and Rule 206 E. (iii) of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before District Justices.

There has been an increase in the concern about the use of social security numbers in court paper records. Consequently, the Supreme Court of Pennsylvania has amended Rule 240(h) governing the form for the petition to proceed in forma pauperis by deleting the requirement for a petitioner to supply his or her social security number.

Present subdivision (j) provides for a court, prior to acting on a petition to proceed in forma pauperis, to dismiss an action, proceeding, or appeal if the allegation of poverty in the petition is untrue, or if the court is satisfied that the action, proceeding, or appeal is frivolous. However, subdivision (j) did not consider the situation where an action is commenced by the issuance of a writ of summons. The amendment to subdivision (j) requires the party commencing an action by writ of summons and seeking to proceed in forma pauperis to file the complaint within ninety days of filing the petition. The court would not make a determination on the petition until the complaint is filed. If the complaint is not filed within the ninety-day time period, the court may dismiss the action pursuant to procedures set forth in subdivision (j)(1).

On January 6, 2017, the Supreme Court of Pennsylvania adopted the Public Access Policy: Case Records of the Appellate and Trial Courts (Policy), which will become effective January 6, 2018. To provide guidance to practitioners regarding the Policy, new Rule 205.6 has been adopted and provides that absent any applicable authority that constrains public access, all civil filings must comply with the Policy. Of particular importance are the requirements of Sections 7.0 and 8.0 of the Policy governing confidential information and confidential documents. In addition, the rule provides that all practitioners and unrepresented parties must certify that a filing is compliant with the Policy.

Conforming amendments have been made to Rule 229.2 governing the petition to transfer structured settlement payment rights, Rule 240 governing the petition to proceed in forma pauperis, Rule 1018 governing captions, and Rule 2028 governing the naming and caption of minor children’s names in actions by and against a minor. Section 7.0(A)(5) of the Policy prohibits the disclosure of the names of minor children in a filing unless the minor is charged as a defendant in a criminal matter. Both Rule 229.2 and Rule 240 require the filing of an affidavit in support of the petition. The form affidavit currently requires the disclosure of the full names of any minor children of the petitioner. See Rule 229.2(f) and 240(h). The amendment requires a petitioner to provide the initials only of any minor children. For Rule 2028, the amended rule requires that minor’s initials only be provided in the caption. A cross-reference to Rule 2028 has been added to the note to Rule 1018. In addition, a note cross-referencing new Rule 205.6 has been added to Rules 229.2, 240, and 2028. Stylistic amendments to Rule 240 have also been made.

The provisions of this Rule 240 adopted March 25, 1983, effective April 1, 1983, 13 Pa.B. 1125; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended November 26, 1991, effective January 1, 1992, 21 Pa.B. 5715; amended April 3, 1992, effective immediately, 22 Pa.B. 2221; amended June 3, 1994, effective September 1, 1994, 24 Pa.B. 3018; amended April 19, 1995, effective July 1, 1995, 25 Pa.B. 1767; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended June 8, 2001, effective July 1, 2001, 31 Pa.B. 3305; amended October 22, 2009, effectively immediately, 39 Pa.B. 6426; amended March 2, 2012, effective April 2, 2012, 42 Pa.B. 1363; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 475; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3519; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2530. Immediately preceding text appears at serial pages (390059) to (390062) and (408553).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 242 Citation of Authorities.

Citation of authorities in matters subject to these rules shall be in accordance with Pa.R.A.P. 126.

Note

See also 210 Pa. Code § 65.37 and Wenk v. State Farm Fire and Casualty Co., 228 A.3d 540, 552 n.11 (Pa. Super. 2020) for citing to non-precedential decisions of the Superior Court; and Pa.R.A.P. 3716 and 210 Pa. Code § 69.414 for citing to non-precedential decisions of the Commonwealth Court.

The provisions of this Rule 242 added January 5, 2022, effective April 1, 2022, 52 Pa.B. 440.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 247 [Rescinded].

Official Note

Former Rule 247 is no longer necessary. Jurisdiction in the courts of common pleas of appeals from arbitration awards in public employment disputes between local government units and their employes is now provided by Section 933(b) of the Judicial Code, 42 Pa.C.S. § 933(b), effective June 27, 1978.

The provisions of this Rule 247 adopted June 25, 1976, 6 Pa.B. 1472, amended May 24, 1979, effective December 30, 1978, 9 Pa.B. 1854. Immediately preceding text appears at serial pages (40028) and (40029).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 247.1 [Rescinded].

The provisions of this Rule 247.1 rescinded March 16, 1981, effective May 15, 1981, 11 Pa.B. 1078. Immediately preceding text appears at serial page (48421).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 248 Modification of Time.

The time prescribed by any rule of civil procedure for the doing of any act may be extended or shortened by written agreement of the parties or by order of court.

The provisions of this Rule 248 adopted January 4, 1952, effective July 1, 1952.

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 249 Authority of Individual Judge.

(a) Except where the court is required to act en banc, a judge may perform any function of the court, including the entry of interlocutory or ex parte orders and other matters in the nature thereof.

(b) A judge may perform a function of the court, other than trying an action, at any time and at any place within the judicial district.

The provisions of this Rule 249 adopted January 4, 1952, effective July 1, 1952; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (286950).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

231 Pa. Code Rule 250 Scope of Chapter.

The rules of this chapter shall apply to all civil actions and proceedings.

The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

History

Source: The provisions of this Rule 250 adopted September 30, 1949, effective April 1, 1950; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301336).

Chapter 400 SERVICE OF ORIGINAL PROCESS

231 Pa. Code Rule 400 Person to Make Service.

(a) Except as provided in subdivisions (b) and (c) and in Rules 400.1 and 1930.4, original process shall be served within the Commonwealth only by the sheriff.

(b) In addition to service by the sheriff, original process may be served also by a competent adult in the following actions:

(1) a civil action in which the complaint includes a request for injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532, or appointment of a receiver under Rule 1533;

(2) partition;

(3) a declaratory judgment when declaratory relief is the only relief sought; and

(4) a civil action in which there is a complete diversity of citizenship between all plaintiffs and all defendants, and at least one defendant is a citizen of Pennsylvania.

Note

See Rule 76 for the definition of ‘‘competent adult.’’

Service of original process in domestic relations matters is governed by Rule 1930.4.

(c) When the sheriff is a party to the action, original process shall be served by the coroner or other officer authorized by law to perform the duties of coroner.

(d) If service is to be made by the sheriff in a county other than the county in which the action was commenced, the sheriff of the county where service may be made shall be deputized for that purpose by the sheriff of the county where the action was commenced.

The provisions of this Rule 400 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended May 11, 1990, effective immediately, 20 Pa.B. 2737; amended October 2, 1995, effective January 1, 1996, 25 Pa.B. 4518; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended January 18, 2022, effective April 1, 2022, 52 Pa.B. 682. Immediately preceding text appears at serial page (400572). (Editor’s Note: The Supreme Court of Pennsylvania suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 400.1 Provisions for All Courts of the First Judicial District.

(a) In an action commenced in the First Judicial District, original process may be served

(1) within the county by the sheriff or a competent adult, or

(2) in any other county by deputized service as provided by Rule 400(d) or by a competent adult forwarding the process to the sheriff of the county where service may be made.

Official Note

See Rule 76 for the definition of ‘‘competent adult.’’

The First Judicial District is comprised of Philadelphia.

(b) In an action commenced in any other county, original process may be served in Philadelphia County by deputized service as provided by Rule 400(d) or by a competent adult.

Official Note

See Rule 76 for the definition of ‘‘competent adult.’’

Official Note

For service in an action for protection from abuse, see Rule 1930.4(b).

The provisions of this Rule 400.1 adopted May 11, 1990, effective immediately, 20 Pa.B. 2737; amended July 2, 1998, effective August 1, 1998, 28 Pa.B. 3373; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256951). (Editor’s Note: The Supreme Court of Pennsylvania suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 401 Time for Service. Reissuance, Reinstatement, and Substitution of Original Process.

(a) Original process shall be served within the Commonwealth within 30 days after the issuance of the writ or the filing of the complaint.

Note

See Rule 404 for the time for service outside the Commonwealth.

(b)(1) If service within the Commonwealth is not made within the time prescribed by subdivision (a) of this rule or outside the Commonwealth within the time prescribed by Rule 404, the prothonotary upon praecipe and upon presentation of the original process, or a copy thereof, shall continue its validity by designating the writ as reissued or the complaint as reinstated.

(2) A writ may be reissued or a complaint reinstated at any time and any number of times. A new party defendant may be named in a reissued writ or a reinstated complaint only if the writ or complaint has not been served on any defendant.

Note

A new party defendant cannot be added to a reissued writ or reinstated complaint if service has been completed on a defendant already named in the writ or complaint. For cases involving multiple defendants, a new party defendant cannot be added to a reissued writ or reinstated complaint if service has been completed on any defendant already named in the writ or complaint.

If a new party defendant cannot be added pursuant to this rule, other procedures are available. See Rule 229 to discontinue the action and to start a new action; Rule 1033 to amend the caption of a pleading by agreement of the party or by leave of court; and Rule 2232 to seek leave of court for an order joining a defendant.

(3) A substituted writ may be issued or a substituted complaint filed upon praecipe stating that the former writ or complaint has been lost or destroyed.

(4) A reissued, reinstated, or substituted writ or complaint shall be served within the applicable time prescribed by subdivision (a) of this rule or by Rule 404 after reissuance, reinstatement, or substitution.

(5) If an action is commenced by writ of summons and a complaint is thereafter filed, the plaintiff, instead of reissuing the writ, may treat the complaint as alternative original process and as the equivalent for all purposes of a reissued writ, reissued as of the date of the filing of the complaint. Thereafter the writ may be reissued, or the complaint may be reinstated as the equivalent of a reissuance of the writ, and the plaintiff may use either the reissued writ or the reinstated complaint as alternative original process.

Note

If the applicable time has passed after the issuance of the writ or the filing of the complaint, the writ must be reissued or the complaint reinstated to be effective as process. Filing or reinstatement or substitution of a complaint, which is used as alternative process under this subdivision, has been held effective in tolling the statute of limitations as the reissuance or substitution of a writ.

The provisions of this Rule 401 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended December 18, 2019, effective April 1, 2020, 50 Pa.B. 199; amended December 16, 2021, effective April 1, 2022, 52 Pa.B. 10. Immediately preceding text appears at serial pages (400573) to (400574).

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 402 Manner of Service. Acceptance of Service.

(a) Original process may be served

(1) by handing a copy to the defendant; or

(2) by handing a copy

(i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member of the family is found, then to an adult person in charge of such residence; or

(ii) at the residence of the defendant to the clerk or manager of the hotel, inn, apartment house, boarding house or other place of lodging at which he resides; or

(iii) at any office or usual place of business of the defendant to his agent or to the person for the time being in charge thereof.

(b) In lieu of service under this rule, the defendant or his authorized agent may accept service of original process by filing a separate document which shall be substantially in the following form:

(Caption)Acceptance of Service

I accept service of the

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 403 Service by Mail.

If a rule of civil procedure authorizes original process to be served by mail, a copy of the process shall be mailed to the defendant by any form of mail requiring a receipt signed by the defendant or his authorized agent. Service is complete upon delivery of the mail.

(1) If the mail is returned with notation by the postal authorities that the defendant refused to accept the mail, the plaintiff shall have the right of service by mailing a copy to the defendant at the same address by ordinary mail with the return address of the sender appearing thereon. Service by ordinary mail is complete if the mail is not returned to the sender within fifteen days after mailing.

(2) If the mail is returned with notation by the postal authorities that it was unclaimed, the plaintiff shall make service by another means pursuant to these rules.

Official Note

The United States Postal Service provides for restricted delivery mail, which can only be delivered to the addressee or his authorized agent. Rule 403 has been drafted to accommodate the Postal Service procedures with respect to restricted delivery.

The provisions of this Rule 403 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256955). (Editor’s Note: The Supreme Court of Pennsylvania suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 404 Service Outside the Commonwealth.

Original process shall be served outside the Commonwealth within ninety days of the issuance of the writ or the filing of the complaint or the reissuance or the reinstatement thereof:

Official Note

For reissuance and reinstatement of original process, see Rule 401(b).

(1) by a competent adult in the manner provided by Rule 402(a);

Official Note

See Rule 76 for the definition of ‘‘competent adult.’’

(2) by mail in the manner provided by Rule 403;

(3) in the manner provided by the law of the jurisdiction in which the service is made for service in an action in any of its courts of general jurisdiction;

(4) in the manner provided by treaty; or

Official Note

A treaty may provide that to effect service a plaintiff must satisfy requirements which are in addition to the procedures specified by this rule.

(5) as directed by the foreign authority in response to a letter rogatory or request.

Official Note

Sections 5323 and 5329(2) of the Judicial Code, 42 Pa.C.S. § § 5323, 5329(2), provide additional alternative procedures for service outside the Commonwealth.

The provisions of this Rule 404 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (245988) and (202617).

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 405 Return of Service.

(a) When service of original process has been made the sheriff or other person making service shall make a return of service forthwith. If service has not been made and the writ has not been reissued or the complaint reinstated, a return of no service shall be made upon the expiration of the period allowed for service.

Official Note

See Lamp v. Heyman, 469 Pa. 465, 366 A.2d 882 (1976), with respect to original process as a means of tolling the statute of limitations, wherein the Court stated that original process ‘‘shall remain effective to commence an action only if the plaintiff then refrains from a course of conduct which serves to stall in its tracks the legal machinery he has just set in motion.’’

(b) A return of service shall set forth the date, time, place and manner of service, the identity of the person served and any other facts necessary for the court to determine whether proper service has been made.

(c) Proof of service by mail under Rule 403 shall include a return receipt signed by the defendant or, if the defendant has refused to accept mail service and the plaintiff thereafter has served the defendant by ordinary mail,

(1) the returned letter with the notation that the defendant refused to accept delivery, and

(2) an affidavit that the letter was mailed by ordinary mail and was not returned within fifteen days after mailing.

(d) A return of service by a person other than the sheriff shall be by affidavit. If a person other than the sheriff makes a return of no service, the affidavit shall set forth with particularity the efforts made to effect service.

(e) The return of service or of no service shall be filed with the prothonotary.

(f) A return of service shall not be required when the defendant accepts service of original process.

(g) The sheriff upon filing a return of service or of no service shall notify by ordinary mail the party requesting service to be made that service has or has not been named upon a named party.

The provisions of this Rule 405 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended July 7, 1986, effective January 1, 1987, 16 Pa.B. 2716; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5333; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256956). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 410 Real Property Actions.

(a) In actions involving title to, interest in, possession of, or charges or liens upon real property, original process shall be served upon the defendant in the manner provided by Rule 400 et seq.

(b)(1) If in an action involving an interest in real property the relief sought is possession or mortgage foreclosure, original process also shall be served upon any person not named as a party who is found in possession of the property. The sheriff shall note the service in the return.

(2) If the relief sought is possession, the person so served shall thereupon become a defendant in the action. Upon praecipe of the plaintiff the prothonotary shall index the name of the person found in possession as a party to the action.

(3) If the relief sought is mortgage foreclosure, the person so served shall not thereby become a party to the action.

(c) If service is made pursuant to an order of court under Rule 430(a), the court shall direct one or more of the following methods of service:

(1) publication as provided by Rule 430(b),

Official Note

See Rule 1064 for additional requirements for service of original process by publication for actions to quiet title involving subsurface mineral, oil, or natural gas rights.

(2) posting a copy of the original process on the most public part of the property,

(3) registered mail to the defendant’s last known address, and

(4) such other methods, if any, as the court deems appropriate to give notice to the defendant.

The provisions of this Rule 410 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended November 29, 2016, effective January 1, 2017, 46 Pa.B. 7933; amended December 30, 2016, effective January 1, 2017, 47 Pa.B. 178. Immediately preceding text appears at serial page (385495). (Editor’s Note: The Supreme Court of Pennsylvania suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 411 Actions for Support.

When original process in an action for support is served within the Commonwealth by an official of the domestic relations section, that official shall send the defendant

(1) A copy of the complaint and order by ordinary mail. A defendant who attends the hearing in person shall be deemed to have been served; or

(2) two copies of the complaint and order, one by any form of mail requiring a receipt signed by the defendant, and one by ordinary mail. Service by mail is complete upon the return of the receipt personally signed by the defendant or other evidence of service satisfactory to the court. A defendant who attends the hearing in person shall be deemed to have been served.

Official Note

For general provisions governing service in an action for support, see Rules 400(b)(2), 402 and 404.

The rules governing service in support actions are only applicable when the venue provisions of Support Rule 1910.2 have been met. Otherwise, the action must proceed under the inter-county provisions of Sections 6712 and 6773 of the Judicial Code, 42 Pa.C.S. § § 6712 and 6773, or the interstate provision of Section 6754 of the Judicial Code, 42 Pa.C.S. § 6754.

The provisions of this Rule 411 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256957). (Editor’s Note: The Supreme Court of Pennsylvania suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 412 Actions for Custody, Partial Custody and Visitation. Actions for Divorce or Annulment of Marriage.

In addition to the manner of service prescribed by Rule 402(a) ini an action for custody, partial custody or visitation or in an action for divorce or annulment of marriage, original process may be served within the Commonwealth in the manner prescribed by Rule 403 governing service by mail.

The provisions of this Rule 412 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial pages (256957) to (256958). (Editor’s Note: The Supreme Court of Pennsylvania suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 420 Minors.

When the defendant is a minor, original process shall be served

(1) upon the minor in the manner prescribed for the service of original process upon an adult defendant, or

(2) by handing a copy to the minor’s guardian.

Official Note

Rule 76 defines ‘‘minor’’ and Rule 2026 defines ‘‘guardian.’’ The plaintiff cannot obtain a valid judgment against the minor until a guardian has been appointed; and a judgment obtained without the appointment of a guardian may be vacated and a guardian appointed forthwith, in accordance with Rule 2034. In all instances, the court in appointing a guardian for a minor may require that the guardian be served with copies of the pleadings already served upon the minor or others and may also grant such continuance as is necessary to prepare and present the case of the minor. The court may also make orders extending the time for filing pleadings on behalf of the minor.

The provisions of this Rule 420 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).) Immediately preceding text appears at serial page (256958).

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 421 Incapacitated Persons.

If the defendant is an incapacitated person, original process shall be served

(1) upon the incapacitated person in the manner prescribed for service of original process upon a competent defendant, or

(2) by handing a copy to the incapacitated person’s guardian.

Official Note

Rule 2051 defines ‘‘incapacitated person.’’ Rule 2053 provides for the representation of an incapacitated person who is a defendant by a guardian or a guardian ad litem.

The provisions of this Rule 421 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256958). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 422 The Commonwealth and Political Subdivisions.

(a) Service of original process upon the Commonwealth or an officer of the Commonwealth, or a department, board, commission or instrumentality of the Commonwealth, or a member thereof, shall be made at the office of the defendant and the office of the attorney general by handing a copy to the person in charge thereof.

(b) Service of original process upon a political subdivision shall be made by handing a copy to

(1) an agent duly authorized by the political subdivision to receive service of process, or

(2) the person in charge at the office of the defendant, or

(3) the mayor, or the president, chairman, secretary or clerk of the tax levyinig body thereof, and in counties where there is no tax levying body, the chairman or clerk of the board of county commissioners.

Official Note

See Rule 76 for the definition of ‘‘political subdivision.’’

(c) This rule shall not apply to an appeal from an administrative determination, order or decree of such officer, department, board, commission or instrumentality.

The provisions of this Rule 422 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256958). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 423 Partnerships and Unincorporated Associations.

Service of original process upon a partnership and all partners named in the action or upon an unincorporated association shall be made upon any of the following persons provided the person served is not a plaintiff in the action:

(1) any partner, officer or registered agent of the partnership or association, or

(2) an agent authorized by the partnership or association in writing to receive service of process for it, or

(3) the manager, clerk or other person for the time being in charge of any regular place of business or activity of the partnership or association.

The provisions of this Rule 423 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256958). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 424 Corporations and Similar Entities.

Service of original process upon a corporation or similar entity shall be made by handing a copy to any of the following persons provided the person served is not a plaintiff in the action:

(1) an executive officer, partner or trustee of the corporation or similar entity, or

(2) the manager, clerk or other person for the time being in charge of any regular place of business or activity of the corporation or similar entity, or

(3) an agent authorized by the corporation or similar entity in writing to receive service of process for it.

Official Note

Substituted service pursuant to Rule 402(a)(2) upon a corporation or similar entity is not permitted by this rule.

The provisions of this Rule 424 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial pages (256958) to (256959). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 425 Additional Defendants.

(a) Original process shall be served upon an additional defendant who is not already a party to the action in the same manner as if he or she were an original defendant. The joining party, upon request, shall furnish copies of all or specified pleadings filed in the action.

Official Note

See Rule 213(b) for the right of an additional defendant to move for a severance and Rule 1006(d) for the right to move for a change of venue.

(b) The defendant or additional defendant shall serve a copy of his or her complaint upon every prior party.

The provisions of this Rule 425 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial page (297565). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 430 Service Pursuant to Special Order of Court. Publication.

(a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made.

Official Note

A sheriff’s return of ‘‘not found’’ or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 357 A.2d 580 (Pa. Super. 1976). Notice of intended adoption mailed to last known address requires a ‘‘good faith effort’’ to discover the correct address. Adoption of Walker, 360 A.2d 603 (Pa. 1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, (3) examinations of local telephone directories, courthouse records, voter registration records, local tax records, and motor vehicle records, and (4) a reasonable internet search.

See Rule 1064 for additional requirements for service of original process by publication for actions to quiet title involving subsurface mineral, oil, or natural gas rights.

(b)(1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action, and conclude with a notice substantially in the following form:

If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 440 Service of Legal Papers other than Original Process.

(a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made

(i) by handling or mailing a copy to or leaving a copy for each party at the address of the party’s attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or

Official Note

Such other address as a party may agree might include a mailbox in the prothonotary’s office or an e-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g).

(ii) by transmitting a copy by facsimile to the party’s attorney of record as provided by subdivision (d).

(2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d).

(ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served.

Official Note

This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto.

Original process is served under Rule 400 et seq.

(b) Service by mail of legal papers other than original process is complete upon mailing.

(c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person.

(d) (1) A copy may be served by facsimile transmission if the parties agree thereto or if a telephone number for facsimile transmission is included on an appearance or prior legal paper filed with the court.

(2) The copy served shall begin with a facsimile cover sheet containing

(i) the name, firm, address, telephone number, of both the party making service and the party served,

(ii) the facsimile telephone number of the party making service and the facsimile telephone number to which the copy was transmitted,

(iii) the title of the legal paper served and

(iv) the number of pages transmitted.

(3) Service is complete when transmission is confirmed as complete.

Official Note

See Rule 236(d) providing for the prothonotary to give notice of orders and judgments, and also other matters, by facsimile or other electronic means.

See Rule 205.4 governing filling and service of legal papers by electronic means other than facsimile transmission.

The provisions of this Rule 440 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5333; amended August 3, 1998, effective January 1, 1999, 28 Pa.B. 3928; amended June 14, 1999, effective July 1, 1999, 29 Pa.B. 3189; amended November 28, 2000, effective January 1, 2001, 30 Pa.B. 6421; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial pages (297566) to (271785).

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 441 Service on Minors or Incapacitated Persons.

(a) Service of legal papers other than original process upon a party who is a minor shall be made in the manner prescribed by Rule 440 upon the party’s attorney of record or, if none, the party’s guardian. If the party has no attorney of record or guardian, service may be made upon the minor.

(b) Service of legal papers other than original process upon a party who is an incapacitated person shall be made in the manner prescribed by Rule 440 upon the party’s guardian, guardian ad litem or attorney of record.

The provisions of this Rule 441 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial pages (146629) to (146630).

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

231 Pa. Code Rule 449 Acts of Assembly Not Suspended. Abolition of Practice and Procedure Under Repealed Statutes.

(a) Sections 5323 and 5329 of the Judicial Code, 42 Pa.C.S. § § 5323, 5329, relating to service of process on persons outside the Commonwealth, are not suspended or affected by these rules.

(b) The practice and procedure provided in all former acts of Assembly in actions where the defendant is a nonresident or has obstructed or prevented service of process by concealing his whereabouts or otherwise, which have been repealed by the Judiciary Act Repealer Act (JARA), Act of April 28, 1978, No. 53, are hereby abolished and shall not continue as part of the common law of the Commonwealth.

The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

History

Source: The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.

Chapter 1350 FORMS

231 Pa. Code Rule 1351 Form of Writ of Summons.

The writ of summons shall be directed to the defendant and shall be substantially in the following form:

[Caption]

History

Source: The provisions of this Rule 1361 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (227317).

231 Pa. Code Rule 1352 Form of Writ of Summons in Action of Ejectment.

The writ of summons in an action of ejectment shall be directed to the sheriff and shall be substantially the following form:‘‘Commonwealth of Pennsylvania‘‘County of

History

Source: The provisions of this Rule 1361 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (227317).

231 Pa. Code Rule 1353 Notice of Hearing for Seizure of Property.

The notice of hearing shall be directed to the defendant and any other party in possession of the property and shall be in substantially the following form:

You are hereby notified that

(1) Plaintiff has commenced an action of replevin and has filed a motion for seizure of the property described in the complaint. A copy of the complaint and motion is attached to this notice;

(2) There will be a hearing on this motion on

History

Source: The provisions of this Rule 1361 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (227317).

231 Pa. Code Rule 1354 Form of Writ of Seizure.

The writ of seizure shall be directed to the sheriff and shall be in substantially the following form:Commonwealth of PennsylvaniaCounty of

History

Source: The provisions of this Rule 1361 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (227317).

231 Pa. Code Rule 1355 Abrogated, Effective October 5, 1971.

Official Note

By definition Rule 76, Registered Mail includes Certified Mail.

History

Source: The provisions of this Rule 1361 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (227317).

231 Pa. Code Rule 1356 [Rescinded].

The provisions of this Rule 1356 adopted April 12, 1954, effective October 1, 1954; rescinded September 29, 1989, effective October 1, 1989, 19 Pa.B. 4452. Immediately preceding text appears at serial pages (22291) and (40063) to (40064).

History

Source: The provisions of this Rule 1361 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (227317).

231 Pa. Code Rule 1357 [Rescinded].

The provisions of this Rule 1357 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; rescinded December 14, 1989, effective January 1, 1990, 20 Pa.B. 7. Immediately preceding text appears at serial pages (142392) to (142393).

History

Source: The provisions of this Rule 1361 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (227317).

231 Pa. Code Rule 1361 Form of Notice to Plead.

The notice to plead shall be directed to the adverse party and shall be in substantially the following form: To

History

Source: The provisions of this Rule 1361 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (227317).

Chapter 1480 ABOLITION OF SPECIAL ACTIONS

231 Pa. Code Rule 1480 Domestic Attachment. [Rescinded].

Official Note

Rule 1480 governing domestic attachment has been rescinded as obsolete.

The provisions of this Rule 1480 adopted April 12, 1954, effective October 1, 1954; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial page (157249).

History

Source: The provisions of this Rule 1481 adopted April 12, 1954, effective October 1, 1954; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial pages (157249) to (157250).

231 Pa. Code Rule 1481 Civil Arrest Before Judgment. [Rescinded].

Official Note

Rule 1481 governing civil arrest before judgment has been rescinded as its substance has been incorporated into Section 5108(b) of the Judicial Code, 42 Pa.C.S. § 5108(b).

The provisions of this Rule 1481 adopted April 12, 1954, effective October 1, 1954; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial pages (157249) to (157250).

History

Source: The provisions of this Rule 1481 adopted April 12, 1954, effective October 1, 1954; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial pages (157249) to (157250).

Chapter 1600 ACTION FOR DECLARATORY JUDGMENTS

231 Pa. Code Rule 1601 Action for Declaratory Relief Alone. Jury Trial. Waiver.

(a) Caption. A plaintiff seeking only declaratory relief shall commence an action by filing a complaint captioned ‘‘Action for Declaratory Judgment.’’ The practice and procedure shall follow, as nearly as may be, the rules governing the civil action.

(b) Jury Trial Demand and Waiver. If the right to trial by jury of disputed issues of fact exists in such an action, it shall be deemed waived unless demanded in the time and manner provided by Rule 1007.1.

This rule provides no specific guidance on the existence of a right to jury trial. See Pa.R.J.A. 109(g).

Section 7539(b) of the Judicial Code provides:

(b) Jury trial.—When a proceeding under this subchapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

42 Pa.C.S. § 7539(b).

The existence of a right to jury trial on disputed issues of fact will be a matter of determination in each action where only declaratory relief is sought. If the right is claimed and disputed, the court must determine the question on the basis of the nature of the cause of action, the right to be enforced and the ‘‘other civil action’’ which would be brought to enforce it if declaratory judgment did not exist. The flexible Federal practice under Fed.R.Civ.P. 38, 39, and 57, including the procedure for the jury trial of selected issues, may be helpful. Pa.R.Civ.P. 1038.3 may also be applicable.

The provisions of this Rule 1601 amended December 16, 2004, effective July 1, 2004, 34 Pa.B. 9; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302509).

History

Source: The provisions of this Rule 1602 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2282; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (276603).

231 Pa. Code Rule 1602 Declaratory Judgment as Ancillary Relief.

In any civil action, a party may include in the claim for relief a prayer for declaratory relief and the practice and procedure shall follow, as nearly as may be, the rules governing that action.

The provisions of this Rule 1602 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2282; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (276603).

History

Source: The provisions of this Rule 1602 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2282; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (276603).

231 Pa. Code Rule 1603 Effective Date. Pending Action.

These rules shall apply to all actions pending on the effective date. If pleadings have heretofore been filed under the original practice, the court may permit the action to proceed upon those pleadings, or may in an appropriate case permit or direct the filing of amended or supplemental pleadings.

History

Source: The provisions of this Rule 1602 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2282; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (276603).

231 Pa. Code Rule 1604 Suspension of Acts of Assembly. Abolition of Practice and Procedure Under Repealed Statutes.

After the effective date of these rules,

(a) all Acts or parts of Acts of Assembly inconsistent with these rules are suspended to the extent of such inconsistency; and

(b) —

(1) the practice and procedure provided in all former Acts of Assembly governing declaratory judgments, which have been repealed effective June 27, 1978 and June 27, 1979 by the Judiciary Act Repealer Act (JARA), Act of April 28, 1978, No. 53, and which are now part of the common law of the Commonwealth by virtue of Section 3(b) of JARA, are hereby abolished and shall not continue as part of the common law of the Commonwealth; and

(2) with respect to all Acts of Assembly relating to such practice and procedure, repeal of which will become effective June 27, 1980 as provided by Section 4(b) of JARA, this is a general rule within the meaning of Section 3(b) of JARA and the practice and procedure provided in those Acts of Assembly shall not continue as part of the common law of the Commonwealth.

History

Source: The provisions of this Rule 1602 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2282; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (276603).

Chapter 1650 ACTIONS IN MECHANICS’ LIENS

231 Pa. Code Rule 1651 Definitions. Conformity Civil Action.

(a) As used in this chapter

Claim—a mechanics’ lien claim which has been filed;

Action—an action to obtain judgment upon a claim.

(b) Except as otherwise provided in this chapter, the procedure to obtain judgment upon a claim shall be in accordance with the rules relating to a civil action.

Official Note

The procedure governing the filing of a claim is provided by the Mechanics’ Lien Law of 1963, 49 P. S. § 1101 et seq. The rules relate to the procedure between filing of the lien and reduction of the claim to judgment.

The provisions of this Rule 1651 adopted November 29, 1983, effective January 1, 1964; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (15809).

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1652 Venue.

(a) The action shall be commenced in and only in the county in which the claim has been filed.

(b) Where the property liened is located in more than one county and claims have been filed in more than one county, the action may be brought in any such county.

Official Note

Subdivision (b) parallels Section 701(c) of the Mechanics’ Lien Law of 1963, 49 P. S. § 1701(c).

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1653 Commencement of Action.

An action shall be commenced by filing a complaint with the prothonotary. The complaint shall be filed under the same docket number as the claim for the mechanics’ lien.

Official Note

To file a claim for a mechanics’ lien, see the Mechanics’ Lien Law of 1963, 49 P.S. § § 1101—1902, as amended.

The provisions of this Rule 1653 amended June 27, 2017, effective October 1, 2017, 47 Pa.B. 3805. Immediately preceding text appears at serial page (255283).

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1654 Defendant.

(a) The plaintiff shall name as defendant the owner named in the claim and the owner, if known, at the time the action is commenced.

(b) If the last owner of record prior to the commencement of the action has died, the plaintiff shall name as a defendant the personal representative, heir or devisee of such owner, if known.

Official Note

For definition of owner see section 201(3) of Mechanics’ Lien Law of 1963, 49 P. S. § 1201(3).

The provisions of this Rule 1654 amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (195290).

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1655 [Rescinded].

Official Note

For service of original process, see Rule 400 et seq.

The provisions of this Rule 1655 adopted November 29, 1963, effective January 1, 1964; rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (87314).

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1656 The Complaint.

(a) The plaintiff shall set forth in the complaint

(1) the name and address of each party to the action and, if the action is commenced by a subcontractor, the name and address of the contractor;

(2) the date of the filing of the claim; and

(3) a demand for judgment.

(b) The plaintiff shall attach a copy of the claim to the complaint as an exhibit.

Official Note

A claim for a mechanics’ lien and the complaint to obtain judgment on the mechanics’ lien shall be filed under the same docket number. See Rule 1653.

The provisions of this Rule 1656 adopted November 29, 1963, effective January 1, 1964; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended June 27, 2017, effective October 1, 2017, 47 Pa.B. 3805. Immediately preceding text appears at serial page (255284).

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1657 Joinder of Causes of Action Prohibited.

No other cause of action may be joined with an action to obtain judgment on a claim except that where the improvement is located in more than one county and claims have been filed in more than one of said counties the plaintiff may join the claims in a single action.

Official Note

adopted November 29, 1963, effective January 1, 1964.

Under Section 306(a) of the Mechanics’ Lien Law of 1963, 49 P. S. § 1306(a), the claimant may join in one mechanics’ lien claims against the same property arising from work done under separate contracts or against more than one structure if intended to form part of the same plant.

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1658 Set-Off. Counterclaim.

A set-off arising from the same transaction or occurrence upon which the claim is based may be pleaded as new matter. No counterclaim may be asserted.

Official Note

adopted November 29, 1963, effective January 1, 1964; amended May 27, 1964, effective June 30, 1964.

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1659 Compelling Commencement of Action.

If a claimant has filed a claim and does not file a complaint, the prothonotary, upon praecipe of an owner, shall enter a rule as of course upon the claimant to file a complaint within twenty days after service of the rule, or be forever barred from so doing. If the claimant fails to do so, the prothonotary, upon praecipe of the owner and proof of service, shall enter judgment for the defendant.

Official Note

See Rule 440 as to method of service of rule and Rule 405(b) as to form of affidavit.

The provisions of this Rule 1659 adopted November 29, 1963, effective January 1, 1964; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (195291).

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1660 Judgment. Execution.

Judgment in the action shall be enforced as provided by Rule 3190.

Official Note

adopted November 29, 1963, effective January 1, 1964.

See Section 706(c) of the Mechanics’ Lien Law of 1963, 49 P. S. § 1706(c) for special execution provisions where only part of a single tract is subject to the lien.

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

231 Pa. Code Rule 1661 Trial Without Jury.

The trial of actions upon mechanics’ lien by a judge sitting without a jury shall be in accordance with Rule 1038.

The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

History

Source: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).

Chapter 1700 CLASS ACTIONS

231 Pa. Code Rule 1701 Definitions. Conformity.

(a) As used in this chapter

‘‘Class action’’ means any action brought by or against parties as representatives of a class until the court by order refuses to certify it as such or revokes a prior certification under these rules.

‘‘Residual funds’’ are funds that remain after the payment of all approved class member claims, expenses, litigation costs, attorney’s fees, and other court approved disbursements to implement relief granted.

(b) Except as otherwise provided in this chapter, the procedure in a class action shall be in accordance with the rules governing the form of action in which relief is sought.

The provisions of this Rule 1701 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; amended May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial page (326661).

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1702 Prerequisites to a Class Action.

One or more members of a class may sue or be sued as representative parties on behalf of all members in a class action only if

(1) the class is so numerous that joinder of all members is impracticable;

(2) there are questions of law or fact common to the class;

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class;

(4) the representative parties will fairly and adequately assert and protect the interests of the class under the criteria set forth in Rule 1709; and

(5) a class action provides a fair and efficient method for adjudication of the controversy under the criteria set forth in Rule 1708.

The provisions of this Rule 1702 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1703 Commencement of Action. Assignment to a Judge.

(a) A class action shall be commenced only by the filing of a complaint with the prothonotary.

(b) Upon the filing of the complaint the action shall be assigned forthwith to a judge who shall be in charge of it for all purposes.

The provisions of this Rule 1703 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1704 Form of the Complaint.

(a) The complaint shall include in its caption the designation ‘‘Class Action’’.

(b) The complaint shall contain under a separate heading, styled ‘‘Class Action Allegations’’, averments of fact in support of the prerequisites of Rule 1702 and the criteria specified in Rules 1708 and 1709 on which the plaintiff relies.

(c) The plaintiff may join in the complaint claims for equitable, declaratory and monetary relief arising out of the same transaction or occurrence or series of transactions or occurrences.

The provisions of this Rule 1704 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1705 Preliminary Objections.

All preliminary objections to the complaint permissible under Rule 1028(a) shall be raised at one time. Issues of fact with respect to the Class Action Allegations may not be raised by preliminary objections but shall be raised by the answer.

The provisions of this Rule 1705 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; amended November 19, 1991, effective January 1, 1992, 21 Pa.B. 5637. Immediately preceding text appears at serial pages (146708) to (146709).

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1706 Form of the Answer.

In all actions the averments of fact under ‘‘Class Action Allegations’’ shall be deemed admitted unless denied in conformity with Rule 1029.

The provisions of this Rule 1706 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31826).

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1706.1 Joinder of Additional Defendants. Cross-Claims.

Any defendant or additional defendant may only join as an additional defendant any person not a party to the action, or may assert a cross-claim against another party to the action, who may be

(1) solely liable on the plaintiff’s cause of action, or

(2) liable over to the joining party on the plaintiff’s cause of action, or

(3) jointly or severally liable with the joining party on the plaintiff’s cause of action.

Official Note

The right of joinder under Rule 1706.1 of an additional defendant based upon liability ‘‘on the plaintiff’s cause of action’’ is not as broad as the right under Rule 2252(a) governing the joinder of additional defendants generally.

Similiarly, the right of cross-claim under this rule is not as broad as the right under Rule 1031.1 governing cross-claims generally.

The provisions of this Rule 1706.1 adopted April 4, 1990, effective July 1, 1990, 20 Pa.B. 2283; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceeding text appears at serial page (255287).

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1707 Motion for Certification of Class Action. Time for Filing. Hearing.

(a) Within thirty days after the pleadings are closed or within thirty days after the last required pleading was due, the plaintiff shall move that the action be certified as a class action. The court may extend the time for cause shown. If the plaintiff fails to move for certification, the court if so notified shall promptly set a date for a certification hearing.

(b) The court may postpone the hearing to a later date pending the disposition of other motions or to permit discovery with respect to the class action issues.

(c) The hearing shall be limited to the Class Action Allegations. In determining whether to certify the action as a class action the court shall consider all relevant testimony, depositions, admissions and other evidence.

Official Note

See Rule 1710(a) for the form of the court’s opinion and order.

The provisions of this Rule 1707 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (253383).

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1708 Criteria for Certification. Determination of Class Action as Fair and Efficient Method of Adjudication.

In determining whether a class action is a fair and efficient method of adjudicating the controversy, the court shall consider among other matters the criteria set forth in subdivisions (a), (b) and (c).

(a) Where monetary recovery alone is sought, the court shall consider

(1) whether common questions of law or fact predominate over any question affecting only individual members;

(2) the size of the class and the difficulties likely to be encountered in the management of the action as a class action;

(3) whether the prosecution of separate actions by or against individual members of the class would create a risk of

(i) inconsistent or varying adjudications with respect to individual members of the class which would confront the party opposing the class with incompatible standards of conduct;

(ii) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of other members not parties to the adjudications or substantially impair or impede their ability to protect their interests;

(4) the extent and nature of any litigation already commenced by or against members of the class involving any of the same issues;

(5) whether the particular forum is appropriate for the litigation of the claims of the entire class;

(6) whether in view of the complexities of the issues or the expenses of litigation the separate claims of individual class members are insufficient in amount to support separate actions;

(7) whether it is likely that the amount which may be recovered by individual class members will be so small in relation to the expense and effort of administering the action as not to justify a class action.

(b) Where equitable or declaratory relief alone is sought, the court shall consider

(1) the criteria set forth in subsections (1) through (5) of subdivision (a), and

(2) whether the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making final equitable or declaratory relief appropriate with respect to the class.

(c) Where both monetary and other relief is sought, the court shall consider all the criteria in both subdivisions (a) and (b).

The provisions of this Rule 1708 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1709 Criteria for Certification. Determination of Fair and Adequate Representation.

In determining whether the representative parties will fairly and adequately assert and protect the interests of the class, the court shall consider among other matters

(1) whether the attorney for the representative parties will adequately represent the interests of the class,

(2) whether the representative parties have a conflict of interest in the maintenance of the class action, and

(3) whether the representative parties have or can acquire adequate financial resources to assure that the interests of the class will not be harmed.

The provisions of this Rule 1709 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1710 Order Certifying or Refusing to Certify a Class Action. Revocation. Amendment. Findings and Conclusions.

(a) In certifying, refusing to certify or revoking a certification of a class action, the court shall set forth in an opinion accompanying the order the reasons for its decision on the matters specified in Rules 1702, 1708 and 1709, including findings of fact, conclusions of law and appropriate discussion.

(b) In certifying a class action, the court shall set forth in its order a description of the class.

(c) When appropriate, in certifying, refusing to certify or revoking a certification of a class action the court may order that

(1) the action be maintained as a class action limited to particular issues or forms of relief, or

(2) a class be divided into subclasses and each subclass treated as a class for purposes of certifying, refusing to certify or revoking a certification and that the provisions of these rules be applied accordingly.

(d) An order under this rule may be conditional and, before a decision on the merits, may be revoked, altered or amended by the court on its own motion or on the motion of any party. Any such supplemental order shall be accompanied by a memorandum of the reasons therefor.

(e) If certification is refused or revoked, the action shall continue by or against the named parties alone.

The provisions of this Rule 1710 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1711 The Plaintiff Class. Exclusion. Inclusion.

(a) Except as provided in subdivision (b) or as otherwise provided by the court, in certifying a plaintiff class or subclass the court shall state in its order that every member of the class is included unless by a specified date a member files of record a written election to be excluded from the class.

(b) If the court finds that

(1) the individual claims are substantial, and the potential members of the class have sufficient resources, experience and sophistication in business affairs to conduct their own litigation; or

(2) other special circumstances exist which are described in the order, the court may state in its order that a person shall not be a member of the plaintiff class or subclass unless by a specified date the person files of record a written election to be included in the class or subclass.

The provisions of this Rule 1711 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (253386).

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1712 Order. Notice of Action.

(a) After the entry of the order of certification and after hearing the parties with respect to the notice to be given, the court shall enter a supplementary order which shall prescribe the type and content of notice to be used and shall specify the members to be notified. In determining the type and content of notice to be used and the members to be notified, the court shall consider the extent and nature of the class, the relief requested, the cost of notifying the members and the possible prejudice to be suffered by members of the class or by other parties if notice is not received. The court may designate in the notice a person to answer inquiries from, furnish information to or receive comments from members or potential members of the class with respect to the notice.

(b) The court may require individual notice to be given by personal service or by mail to all members who can be identified with reasonable effort. For members of the class who cannot be identified with reasonable effort or where the court has not required individual notice, the court shall require notice to be given through methods reasonably calculated to inform the members of the class of the pendency of the action. Such methods may include using a newspaper, television or radio or posting or distributing through a trade, union or public interest group.

(c) The notice shall be prepared by and given at the expense of the plaintiff in the manner required by the order. A proposed form of notice shall be submitted for approval to the court and to all named defendants, who may file objections thereto within ten days. The court may require a defendant to cooperate in giving notice by taking steps which will minimize the plaintiff’s expense including the use of the defendant’s established methods of communication with mem-bers of the class, provided, however, that any additional costs thereby incurred by the defendant shall be paid by the plaintiff.

Official Note

Illustrative of the means of reducing the expense of individual notice is the inclusion of the notice in a mailing normally made by the defendant to members of the class.

(d) If a defendant asserts a counterclaim against a plaintiff class or subclass, the expense of a combined notice of the plaintiff’s claim and of the defendant’s counterclaim shall be allocated between the parties as the court may order.

The provisions of this Rule 1712 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1713 Conduct of Actions.

(a) In the conduct of actions to which this rule applies, the court may make appropriate orders

(1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;

(2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice, other than notice under Rule 1712, be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate;

(3) permitting an interested person to intervene in accordance with Rules 2326 et seq. governing Intervention;

(4) imposing conditions on the representative party or an intervener;

(5) taking any action to assure that the representative party adequately represents the class;

(6) dealing with other administrative or procedural matters.

(b) Any such order may be revoked, altered or amended as may be appropriate from time to time.

The provisions of this Rule 1713 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1714 Compromise. Settlement. Discontinuance.

(a) No class action shall be compromised, settled or discontinued without the approval of the court after hearing.

(b) Prior to certification, the representative party may discontinue the action without notice to the members of the class if the court finds that the discontinuance will not prejudice the other members of the class.

(c) If an action has been certified as a class action, notice of the proposed compromise, settlement or discontinuance shall be given to all members of the class in such manner as the court may direct.

(d) Nothing in these rules is intended to limit the parties to a class action from suggesting, or the court from approving, a settlement that does not create residual funds.

The provisions of this Rule 1714 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; amended May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253387) to (253388).

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1715 Judgment.

(a) Except by special order of the court, no judgment by default or on the pleadings or by summary judgment may be entered in favor of or against the class until the court has certified or refused to certify the action as a class action.

(b) A judgment entered on preliminary objections in a class action before certification shall bind only the named parties to the action.

(c) A judgment entered in an action certified as a class action shall be binding on all members of the class except as otherwise directed by the court.

(d) In all cases the judgment shall be framed by the court and shall specify or describe the parties who are bound by its terms.

The provisions of this Rule 1715 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1716 Residual Funds.

(a) Any order entering a judgment or approving a proposed compromise or settlement of a class action that establishes a process for the identification and compensation of members of the class shall provide for the disbursement of residual funds.

(b) Not less than fifty percent (50%) of residual funds in a given class action shall be disbursed to the Pennsylvania Interest on Lawyers Trust Account Board to support activities and programs which promote the delivery of civil legal assistance to the indigent in Pennsylvania by non-profit corporations described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The order may provide for disbursement of the balance of any residual funds in excess of those payable to the Pennsylvania Interest on Lawyers Trust Account Board to the Pennsylvania Interest on Lawyers Trust Account Board, or to another entity for purposes that have a direct or indirect relationship to the objectives of the underlying class action, or which otherwise promote the substantive or procedural interests of the members of the class.

The provisions of this Rule 1716 adopted May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

231 Pa. Code Rule 1717 Counsel Fees.

In all cases where the court is authorized under applicable law to fix the amount of counsel fees it shall consider, among other things, the following factors:

(1) the time and effort reasonably expended by the attorney in the litigation;

(2) the quality of the services rendered;

(3) the results achieved and benefits conferred upon the class or upon the public;

(4) the magnitude, complexity and uniqueness of the litigation; and

(5) whether the receipt of a fee was contingent on success.

Official Note

The rule does not determine when fees may be awarded. That is a matter of substantive law.

The order in which the factors are listed is not intended to indicate the priority or weight to be accorded them respectively.

The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

The Pennsylvania Rules of Civil Procedure governing class actions, promulgated June 30, 1977, and effective September 1, 1977, are the culmination of more than a two-year study of a vast array of resource material embodying practically every point of view. The role and purpose of class actions in modern society, particularly those involving consumer actions or other types of actions involving many thousands of members with potential for vast amount of damage claims, has caused more debate and roused more passion than practically any other subject in the preceding decade.

Some look upon it as the most effective tool for the protection of individual rights in every field, rights which could not be effectively asserted by individual actions. They consider action by public officials to protect these rights to be inadequate; the attorneys for the class are deemed in effect private attorneys general spurred on by the prospect of substantial fees contingent upon the successful outcome of the action. Others characterize class actions as affording the opportunity for legalized blackmail, forcing defendants into tactical positions where surrender by settlement, even in non-meritorious cases, often becomes the most expeditious course of terminating the litigation.

The Committee has tried to ignore these polemics and to consider the matter objectively recognizing that sharp differences of opinion will necessarily exist. Many desirable approaches to class action problems involve substantive rather than procedural solutions. The new Uniform Class Action Act approved by the Commissioners on Uniform State Laws in August 1976 which was carefully studied by the Committee presents a number of substantive solutions. These are beyond the power of the Procedural Rules.

In broad outline the Committee has attempted to retain all the best features of Federal Rule 23 excluding those which seem inappropriate or unsuccessful and all the best features of the Uniform Class Action Act. The Committee also has included novel provisions not found in the Federal Rule or in the Uniform Class Action Act. These combinations should simplify and improve class actions in Pennsylvania.

Rule 1701. Definition. Conformity.

Subdivision (a) defines ‘‘Class Action’’ to include any action brought by or against parties as representatives of a class until the court refuses to certify it as such or revokes a prior certification.

This definition follows language in Bell v. Beneficial Consumer Discount Company, 465 Pa. 225, 348 A.2d 734 (1975), that ‘‘when an action is instituted by a named individual on behalf of himself and a class, the members of the class are more properly characterized as parties to the action. A subsequent order of a trial court allowing an action to proceed as a class action is not a joinder of the parties not yet in the action. The class is in the action until properly excluded.’’

This definition becomes important in determining the effect of the commencement of a class action as tolling the statute of limitations as to the members of the class other than the named representatives. It carries into effect the decision of the United States Supreme Court in American Pipe and Construction Company v. State of Utah, 414 U. S. 538, 38 L. Ed.2d 713, 94 S. Ct. 756 (1974), in which the Court held that the commencement of an action as a class action suspends the applicable statute of limitations during the interim period from commencement until refusal to certify as to all putative members of the class who would have been parties if the action had been certified as such.

Subdivision (b), Rule 1701, conforms the practice and procedure except as otherwise specifically provided to the form of action in which relief is sought, which could ordinarily be assumpsit, trespass, equity or declaratory judgment. The exceptions are primarily concerned with the pleadings as provided by later rules.

The rules do not deal specifically with jurisdiction over non-resident members of the class. This issue becomes of importance in view of recent decisions of the United States Supreme Court respecting Federal jurisdiction in many types of class actions based on diversity, which must now be brought in state courts.

In Snyder v. Harris, 394 U. S. 332, 89 S. Ct. 1053, 22 L. Ed.2d 319 (1969), and Zahn v. International Paper Co., 414 U. S. 291, 38 L. Ed.2d 511, 94 S. Ct. 505 (1973), the Court held that, in diversity cases and in other cases where statutes impose a jurisdictional amount, claims of individual class members below the minimum cannot be aggregated to meet the jurisdictional requirement. Each member’s claim must separately qualify.

In Klemow v. Time, Incorporated, 466 Pa. 189, 352 A.2d 12 (1976), certiorari denied, 429 U. S. 828, 97 S. Ct. 86, 50 L. Ed.2d 91 (1976), an action nominally brought on behalf of all subscribers to Time magazine, the court in footnote 15 stated that ‘‘because the jurisdiction of the courts of the Commonwealth is territorially limited, the class may consist only of Pennsylvania residents. The class may also include nonresidents who submit themselves to the jurisdiction of the state courts.’’

This holding would require nonresidents in this type of ‘‘national’’ consumer class action to intervene or to appear through an opt-in procedure which is provided for by Rule 1711(b)(2).

Klemow does not definitely decide the status of nonresidents where the subject matter of the action is a res or fund within Pennsylvania or is an attack on corporate action of a Pennsylvania corporation involving only bondholders or creditors in other jurisdictions. Nor did it involve a situation where Pennsylvania has the most significant relationship to all aspects of the transaction, so that Pennsylvania might assume jurisdiction over non-resident members of the class in a manner parallel to long-arm jurisdiction over non-resident defendants.

Jurisdiction over non-residents is clearly substantive and not procedural and for this reason is not dealt with in the rules.

Rule 1702. Prerequisities to a Class Action.

The prerequisites of present Rule 2230 are numerosity of parties, impracticability of joining all as parties and adequate representation of the interests of all. To these prerequisites Rule 1702 adds others, namely, that there are questions of law or fact common to the class, the claims or defenses are typical and the class action provides a fair and efficient method of adjudication of the controversy.

However, the rule deliberately declines to adopt that part of Federal Rule 23 which requires that, in actions based on common questions of law and fact, a class action be ‘‘superior to other available methods for the fair and efficient adjudication of the controversy’’. The Federal rule lists the matters pertinent to a finding of superiority.

Rule 1702(5) provides that, if the other criteria are met, a class action need provide only a ‘‘fair and efficient’’ method for adjudication of the controversy, Rule 1708, infra, lists the criteria which the court will consider to determine if the action meets this standard.

The rule further varies from the Federal rule in making this standard applicable to all class actions. The Federal rule applies its ‘‘superiority’’ standard only to actions based on common questions of law and fact. It may be that the criteria in Rule 1708 will, as a practical matter, make the class action ‘‘superior’’ to other forms of action. If so, so much the better from the point of view of good judicial administration. However, such ‘‘superiority’’ is not required.

‘‘Superior’’ is a comparative term. A ‘‘fair and efficient’’ standard avoids questions of whether ‘‘better’’ alternatives exist or conversely whether a class action will be ‘‘inferior’’ to other alternatives. The court may weigh the need for class action relief objectively, without the need to search for other possible ‘‘superior’’ judicial remedies, which will exclude the class action. For example, if a class action is a fair and efficient form of action, the court should not reject it because it believes a ‘‘test case’’ would be a ‘‘superior’’ technique. Cf. Katz v. Carte Blanche, 496 F.2d 747 (C.A.3d 1974), cert. denied 419 U. S. 885, 95 S. Ct. 152, 42 L. Ed.2d 125 (1975).

However, where a specific statutory remedy is provided for the processing of claims, numerosity of claims will not justify a class action. See Lilian v. Commonwealth, 467 Pa. 15, 354 A.2d 250 (1976). This follows the classic principle that a statutory form of relief must be followed exclusively.

It is significant that the opinion in Klemow, supra, left open the question of ‘‘superiority’’ stating in footnote 14 ‘‘We need not here decide whether there are, in certain cases, additional criteria which one who attempts to bring a class action must meet, e.g., as required under the federal practice, that the class action is superior to other available methods for handling the controversy...’’ Rule 1702 will decide this open question.

Rules 1701 and 1702 make clear that ‘‘parties’’ are defined to mean the named parties to the action who represent the class. The court must find that the representative parties will fairly and adequately protect the interests of the class.

Rule 1703. Commencement of Action. Assignment to a Judge.

Rule 1703 provides that a class action can be commenced only by the filing of a complaint in the form provided by Rule 1704. The rule further provides that upon the filing of the complaint the action must be forthwith assigned to an individual judge who shall be in charge of the action for all purposes as long as it continues as a class action. This will be important in multi-judge counties. Obviously, if the initially assigned judge becomes ill or for other sound reasons, the President Judge, or the Administrative Judge, may reassign the case to another judge to assure its efficient handling.

A class action may not be commenced by writ as provided under the assumpsit, trespass or equity rules. If so commenced, it will not toll the statute as to members of the class. In order to toll the statute as to the class, the action must be commenced by a class action complaint.

Further, if the complaint does not comply with Rule 1704, it will not commence a class action.

Even if the action seeks declaratory relief, the complaint is mandatory. A petition under the Declaratory Judgment Act may not be used.

Rule 1704. Form of the Complaint.

Rule 1704 includes novelties in the form of complaint. Although the general pleading rule of the form of action in which relief is sought will apply, there are three special requirements.

(1) The caption must include the designation ‘‘Class Action’’.

(2) The complaint must set forth under a separate heading styled ‘‘Class Action Allegations’’ the averments of fact necessary to support the prerequisites of a class action as set forth in Rule 1702 and the implementing criteria specified in Rules 1708 and 1709.

(3) The plaintiff may join in the complaint claims for equitable, declaratory and monetary relief arising out of the same transaction or occurrence or series of transactions or occurrences. This is broader than Pa. R.C.P. 1020(d) which at present permits only joinder of assumpsit and trespass arising out of the same transaction or occurrence.

The requirement of the ‘‘class action allegations’’ is fundamental. It impels the plaintiff to plead in detail all the facts which will support his right to this special remedy. It segregates these from the rest of the complaint and from the substantive averments of the plaintiff’s cause of action. Most important of all, it permits the application of Rules 1705 and 1706, which exclude the use of preliminary objections to raise issues of fact with respect to the class action allegations, and requires such issues to be raised in the answer. Hopefully, this will reduce dilatory proceedings during the pleading stage.

Rule 1705. Preliminary Objections.

The defendant may file any applicable preliminary objections either to the class action allegations or to the underlying merits of the class action claims or to both. As stated above, he may not use preliminary objections to raise issues of fact with respect to the class action allegations. All objections must be raised at the same time or they will be considered waived, except, of course, objections to the complaint which under Rule 1032 are not waived, namely, the defense of failure to state a claim upon which relief can be granted and the defense of failure to join an indispensable party.

In class actions in equity, the defenses of laches and failure to exercise or exhaust a statutory remedy, and the existence of full, complete and adequate non-statutory remedy at law, are available as preliminary objections. See Rule 1509; Lilian v. Commonwealth of Pennsylvania, 467 Pa. 15, 354 A.2d 250 (1976) (adequate statutory administrative procedure).

Rule 1706. Form of the Answer.

In all class actions, including actions in trespass, all the averments of fact under the ‘‘class action allegations’’ will be deemed admitted unless specifically denied in conformity with Rule 1029. The special defense pleading rules in trespass will apply to all the substantive provisions of the complaint, but will not apply to the class action allegations. They must always be answered or they will be admitted.

Contrary to the Federal rule, a general denial is insufficient, nor is a denial sufficient if made in ‘‘haec verba’’. The assumpsit form of specific denial is required.

Rule 1707. Motion for Certification of Class Action. Time for Filing. Hearing.

A hearing on certification of the action as a class action is mandatory in all cases. The plaintiff has the burden of moving for a certification hearing. The motion must be filed within 30 days after the pleadings are closed or within 30 days after the last required pleading is due. This prevents a party from delaying the certification hearing by delaying the filing of a pleading when due. If the plaintiff fails to move, the court if so notified must promptly set a date for certification hearing. A representative party who does not move promptly may be charged with failure to represent the class adequately and runs the risk of removal under Rule 1713(a)(5).

In cases where discovery is essential or where other motions are pending, the court may extend the time for filing the motion for certification, but in doing so, it must not allow the matter to drag along indefinitely and must fix a date certain for the postponed hearing.

The motion for certification and the hearing thereon is the stage at which certification is determined. As noted above, preliminary objections are not the proper procedure for attacking the merits of class action averments. Any cases holding otherwise will no longer be authoritative.

The hearing is confined to a consideration of the class action allegations and is not concerned with the merits of the controversy or with attacks on the other averments of the complaint. Its only purpose is to decide whether the action shall continue as a class action or as an action with individual parties only. In a sense, it is designed to decide who shall be the parties to the action and nothing more. Viewed in this manner, it is clear that the merits of the action and the right of the plaintiff to recover are to be excluded from consideration.

As a practical matter, they cannot be considered. Since the certification hearing is not to be held until the pleading stage is concluded, attacks on the form of the complaint or demurrers to attack the substance must already have been filed and disposed of. The defendant will have already filed an answer on the merits.

At the certification hearing, the court will have before it the class action allegations in the complaint, the defendant’s answer to these allegations, any depositions or admissions relating to these allegations and any testimony relating to those allegations that may be offered at the hearing.

Rule 1708. Criteria for Certification of Class Actions.

Rule 1708 sets forth the criteria to be considered by the court in determining whether the class action is a fair and efficient method for adjudication of the controversy.

The Rule first sets out in subdivision (a) the criteria to be applied where only monetary recovery is sought. It then sets out in subdivision (b) the criteria to be applied where only equitable or declaratory relief is sought. Finally, in subdivision (c) it sets out the criteria to be applied when both monetary recovery and equitable relief are sought.

The criteria in subdivisions (1) to (5) of subdivision (a) are taken almost verbatim from Federal Rule 23(b)(1), (2) and (3), except that the requirement of ‘‘superiority’’ in class actions based on common questions of law or fact is omitted.

Two additional criteria are provided in subdivisions (6) and (7) of subdivision (a) which are not set forth in the Federal rule.

The first additional criterion permits the court to consider whether the complexity of the issues and the expenses of litigating separate claims of individual class members are of such magnitude as to exclude separate action by individual class members. This follows the Federal case law.

The second additional criterion permits the court to consider whether the damages which may be recovered by individual class members will be so small in relation to the expense and effort of administering the action as not to justify a class action, with its attendant burdens on the judicial system and judicial manpower.

The Uniform Class Action Act in Section 3(a) uses somewhat similar criteria requiring the court to consider whether in view of the complexities of the issues and the expenses of the litigation the claims of the individual class members are insufficient to afford significant relief to the members of the class. This criterion points up a policy question on which opinion between plaintiffs and defendants is sharply divided.

In many consumer class actions the individual amounts may be very small, but the aggregate may be large and maintenance of the class action might have a deterrent effect on future violations by the defendant. Also, if the defendant’s conduct is egregious, compelling refunds, even of inconsequential amounts, may be desirable from a public policy point of view. Perhaps the remedy may be legislative rather than procedural.

When the action is brought for monetary recovery only, the court is to consider all seven of these criteria.

If, however, the action is brought for equitable or declaratory relief only, criteria (6) and (7) are obviously inapplicable. In that case, subdivision (b) directs the court to consider criteria (1) to (5) only plus an additional criterion which is inapplicable to monetary relief, namely, whether the conduct of the opposing party has been such as to make equitable or declaratory relief appropriate with respect to the class.

Finally, if both monetary recovery and equitable or declaratory relief are sought, the court is to consider criteria (1) to (7) of subdivision (a) and also the special criterion of subdivision (b).

Rule 1709. Criteria for Certification. Determination of Fair Adequate Representation.

The Federal Rules contain no specific criteria for determining the adequacy of representation by the representative parties or their attorneys. Rule 1709 is based on Federal case law and Section 3(b) of the Uniform Class Action Act approved by the Uniform Commissioners in August of 1976. The representative parties and their attorneys must have no conflict of interest, the attorneys must be able adequately to represent the interests of the class and the representative parties must have, or must be able to acquire, adequate financial resources to assure that the interests of the class will not be harmed.

A recent Federal decision has held that there is a conflict of interest where a lawyer is named as the representative party and a member of his firm is chosen as his counsel, if the amount of the potential attorney fee far outweighs the amount of the representative party’s individual claim. Kramer v. Scientific Control Corp., 534 F.2d 1085 (3rd Cir. 1976).

The Uniform Act in Section 17 contains provisions for the solicitation of funds to maintain the action under court supervision. Any such provisions seem more properly governed in Pennsylvania by the standards of professional conduct under the Code of Professional Responsibility and nothing with respect to them is included in the Rules.

Rule 1710. Order Certifying or Refusing to Certify. Revocation. Amendment. Findings and Conclusions.

Subdivision (a) of Rule 1710 requires the court to file an opinion accompanying an order of certification or an order refusing to certify or an order of revocation of a previous order of certification. The opinion must set forth the basis for decision, including findings of fact, conclusions of law and appropriate discussion of the matters specified in Rules 1702, 1708 and 1709. Findings and conclusions are essential because an order refusing to certify or revoking a previous certification is a final and appealable order. Bell v. Beneficial Consumer Discount Company, 465 Pa. 225, 348 A.2d 734 (1975).

Subdivision (b) requires that an order of certification shall include a description of the class. This is self evident since, without it, there would be no foundation for the identification of the class members.

Subdivision (c) follows the Federal rule in permitting the court to limit the class action to particular issues or forms of relief, and to divide the proposed class into subclasses.

Subdivision (d) empowers the court to enter a conditional order of certification. It also permits the court to revoke, alter or amend an order of certification prior to a decision on the merits. The court may do this on its own motion or on motion of any party. Any such supplemental order must be accompanied by a memorandum of the reasons therefor.

Rule 1711. The Plaintiff Class. Exclusion. Inclusion.

This Rule is new and provides a novel solution to the ‘‘opt-out’’, ‘‘opt-in’’ controversy. The general rule will be that every member of the class as defined in the court’s order is included unless by a specified date he requests exclusion. The Federal rule now limits this opt-out procedure to 23(b)(3) class actions, i.e., common questions of law or fact, which were formerly called ‘‘spurious’’ class actions. Rule 1711(a) is stated in broader terms.

The right to self-exclusion under Rule 1711(a) cannot be absolute. To state the obvious a defendant party cannot be allowed to exclude himself from the action by his own choice. Accordingly, where a counterclaim is pleaded against the plaintiff class as a whole or against individual members thereof, the right to exclusion must be limited. The parties against whom the counterclaim is asserted become defendants as to the counterclaim and cannot be permitted to exclude themselves from the litigation. Pa. R.C.P. 232(a) will govern.

Likewise, where the members of the class have joint, as distinguished from several interests, in the subject matter and their joinder is compulsory under Pa. R.C.P. 2227(a), their right to self-exclusion should not be permitted.

In other situations the right to self-exclusion may be restricted by the court where the disposition of the claims of all members in one action outweighs the individual’s right to self-exclusion. Thus, where the rights of class members are dependent on the resolution of questions of constitutional, statutory or contractual construction where the danger of inconsistent decisions with respect to individual members would confront the party opposing the class, the right to self-exclusion must be balanced against the interests of the defendant. Also to be considered are the benefits of judicial economy and the disposition of all claims in one action.

The court in its order of certification can take all these factors into account.

The Federal rule contains no provision for an opt-in procedure before a member may be considered as a member of the class. Some Federal courts, however, developed procedures approximating an opt-in requirement by requiring the filing of a proof of claim or a notice of intention to file a claim as a condition precedent to becoming or remaining a member of the class. Ordinarily this is not required until there is a fund available for distribution, but some decisions have imposed it prior to certification or in the order of certification.

Rule 1711(b) does not adopt the procedure for filing a claim. It gives the court the option to provide a true opt-in procedure only in certain limited instances, i.e., where (1) the individual claims are substantial and the potential members of the class have sufficient resources, experience and sophistication in business affairs to conduct their own litigation, or (2) other special circumstances exist which are described in the order. The rule does not attempt to define these ‘‘other’’ special circumstances which will vary in each particular case. Equally, this provision is not intended as a blank check to permit unbridled discretion in the court to require members of the class to opt in. The word ‘‘other’’ suggests that these special circumstances must be of the same magnitude and character as in (1). Obviously, the provision may never be applied to conventional consumer class actions involving numerous members of a class claiming only small amounts who could not conduct their own litigation.

One of its uses is suggested in Klemow, supra, which indicated that the court will have no jurisdiction over nonresidents unless they voluntarily appear. The opt-in procedure would provide a simple method of doing this. In such case there could be a dual form of order under Rule 1710; an opt-out for residents, an opt-in for nonresidents.

Because of the opt-out or opt-in provisions of the rule, prothonotaries will have the responsibility, under court direction, of establishing adequate records and dockets providing easy access to and identification of those members of the class electing to opt out or opt in pursuant to the direction of the certification order.

Rule 1712. Order. Notice of the Action.

This lengthy rule departs in important respects from the Federal rule, and provides a novel solution to the notice problem.

It provides that notice of the order of certification must be given to members of the class whether the action is for monetary recovery or for equitable or declaratory relief or for both. Federal Rule 23(c)(2) provides for individual notice of the certification to the members of the class only in 23(b)(3) actions, i.e., actions where the only ties between the class members are common questions of law or fact. The Federal rule does not require such notice in 23(b)(1) or (b)(2) classifications.

Rule 1712 relaxes the rigid requirement of personal individual notice required by Eisen v. Carlisle and Jacquelin, 417 U. S. 156, 40 L. Ed.2d 732, 94 S. Ct. 2140 (1974), in which the United States Supreme Court held that individual written notice required under 23(b)(3) to identifiable class members is mandatory and not discretionary and may not be waived by providing some other general form of notice. The decision was not based upon constitutional due process grounds but on judicial interpretation of the intent of the rule.

Notice in equitable or declaratory relief actions is discretionary under the Federal rules. Under Rule 1712 notice will be given in all types of class action irrespective of the form of relief sought.

Rule 1712(a) requires the court to include all the requirements of notice in its certification order. This includes (1) type and content of the notice, and (2) identity of the members of the class to be notified.

The court is given broad choices dependent on (1) extent and nature of the class, (2) relief requested, (3) cost of notification, and (4) possible prejudice to members not notified. The situation may be different in a pure injunction case and in a conventional action for monetary relief only.

As an administrative convenience, the court is given the privilege to designate a person other than the attorneys for the class to administer the notice procedure and to serve as a source of information to the members.

The mandate of Eisen that the plaintiff must pay the costs of the giving of the notice is retained, but the burden is minimized.

Rule 1712(b) further expands the court’s discretionary power as to type of notice. Keeping in mind the requirements of due process, the court may require individual notice by personal service or by mail to all members who can be identified with reasonable effort or, in appropriate cases, notice through other methods which it determines are reasonably calculated to inform the members of the class of the pendency of the action. The latter may include newspaper notices, television, radio, posting and trade, union and public interest groups.

Where members of a union are members of the plaintiff class, inclusion of the notice in ordinary membership mailings or notice published in union publications regularly distributed to the members, or notices on the union employers’ bulletin boards and other similar means of communication reasonably calculated to inform the members of the class are available. In equitable relief situations the use of news media, radio or television would suffice, depending on the circumstances and the reasonable probability that the class will be thereby informed. The Federal courts in 23(b)(2) class actions seeking equitable or declaratory relief have in many cases provided for these forms of notice.

Rule 1712(c) provides that the notice must be prepared by and given at the expense of the plaintiff. The Federal courts have differed as to whether the notice should come from the court or be sent by the plaintiff. Following the practice of many Federal courts 1712(c) requires submission of the proposed notice to the parties and to the court with leave to file objections thereto in ten days.

Rule 1712(c) also includes a novel provision, which authorizes the court to minimize the plaintiff’s expenses by requiring the defendant to make available to the plaintiff use of defendant’s established methods of communication with members of the class. For example, the notice could be put in the same envelope with monthly mailing of bills or other normal mailings of the defendant to the members of the class or by delivery by hand by an electric or gas meter reader or a milkman to the patrons of the defendant company where those methods of communication are used by the defendant in the ordinary course of its business. The plaintiff may, however, be required to pay any additional costs incurred by the defendant, but these would rarely be substantial.

Rule 1712(d) provides that, if a defendant asserts a counterclaim against a plaintiff class, the court may allocate the cost of a combined notice between the parties. Since the procedure in the action follows the normal procedure governing the form of action in which relief is sought, a counterclaim may be available to a defendant. If the counterclaim is asserted against the members of the plaintiff class as a class the court must certify it as a ‘‘defendant class action’’ in which the original defendant is plaintiff in the counterclaim and the original plaintiffs are a defendant class in the counterclaim. While such counterclaims will be rare, they are a possibility under appropriate circumstances.

Rule 1713. Conduct of Action.

During the course of the action the individual judge to whom the case has been assigned may find it necessary to make appropriate orders controlling the course of the action. These may be revoked, altered or amended. With one exception, Rule 1713 copies Federal Rule 23(d). It omits the Federal provision for an order amending the pleadings. This is unnecessary, since Pa. R.C.P. 1033 regulating amendment of the pleadings is already incorporated by reference by Rule 1701(b).

In addition to administrative and procedural matters, the court may require additional notices to some or all of the members of (1) steps in the action, or (2) the proposed extent of the judgment, or (3) an opportunity to signify whether they consider the representation fair and adequate. The court may also permit intervention. As to these interlocutory notices the rule specifically provides, as does Federal Rule 23(d), that the notice need be given only to some and not to all members of the class. Thus, where the members are a closely cohesive group, it is not essential that all be notified. The court may direct notice only to selected members such as officers or directors.

The court also may police the representative party, may impose conditions on his activity and, if necessary, may replace him.

Rule 1714. Compromise. Settlement. Discontinuance.

Rule 1714 incorporates the provisions of present Pa. R.C.P. 2230 and Federal Rule 23(e) which provide that a class action may not be compromised, settled or discontinued without the approval of the court after notice to the members of the class and hearing.

However, it contains an important provision not found in either of those rules. It provides that prior to certification the representative party may discontinue the action with court approval without notice to the members of the class if the court finds that the discontinuance will not prejudice the members of the class. Discontinuance in such case should presume that there has been no private compensation to the representative party as a consideration for his discontinuance of the action.

The court should conduct a careful inquiry before approving a request for discontinuance before certification. It should not be treated as a perfunctory matter. This is essential because the court has the responsibility to enter a finding that there will be no prejudice to other members of the class.

If the request for discontinuance is based upon the inability of the representative party to assume the costs of the litigation the court in its discretion should consider whether other representative parties might wish to bear such costs.

Rule 1715. Judgment.

Rule 1715 deals with the entry and effect of a judgment entered before or after an order of certification.

Subdivision (a) contains the self-evident provision that, except by special order of the court, no judgment may be entered by default, on the pleadings or by summary judgment in favor of or against a class until the court has certified or refused to certify the action as a class action. It binds only the named parties.

Subdivision (b) contains the equally self-evident provision that, if a judgment is entered on preliminary objections before certification, it binds only the named parties. If the court finds that the complaint fails to state a cause of action and dismisses the complaint, it will not be technically res judicata as to other members of the class, since there has never been a determination by the court under Rule 1710(b) as to who constitutes the class. However, the principle of collateral estoppel, which now seems firmly embedded in Pennsylvania law, may be applicable if unnamed members of the class should thereafter bring their own action. As a practical matter, it seems unlikely that, if an appellate court has sustained the dismissal on the merits as in Hoolick v. Retreat State Hospital, 24 Pa. Cmwlth Ct. 218, 354 A.2d 609 (1976), other individual plaintiffs would commence further action.

Subdivision (c) provides that if the action has been certified as a class action, the judgment shall be binding on all members of the class except as otherwise directed by the court. The court should, of course, exclude from the effect of the judgment those members of the class who have opted out or who have refused to opt in where an opt-in order was entered under Rule 1711(b).

Subdivision (d) provides that in all cases the judgment must be framed by the court and must describe the class which is bound by the terms and the individual defendants against whom the judgment is entered. Judgment can, therefore, never be entered by the prothonotary as an office judgment.

In connection with judgments neither Rule 1715 nor the Federal Rules deal with the form of relief or the distribution of monetary recovery and the procedures to be followed.

The Uniform Class Action Act of 1976, hereinbefore referred to, does address itself to this problem in Section 15(c). This section provides for distribution of unclaimed awards either to one or more States as unclaimed property or to the defendant. If the unclaimed awards are sought by a defendant, the court must consider unjust enrichment, the wilfulness or lack of wilfulness on the part of the defendant, the impact of the award on the defendant, the pendency of other actions, any criminal sanctions imposed on the defendant and the loss suffered by the plaintiff class.

Awards to the State, with or without escheat, are obviously substantive in nature and may require amendment of the Escheat Act of August 9, 1971, 27 P. S. 1-1.

The method of claiming and distributing awards to individual class members, while procedural in nature, is a matter to be determined in each individual case. The court is given ample power under Rule 1713 to make every necessary or appropriate order controlling the course of the action. This would, of course, include distribution. Should experience under the proposed rules indicate that a procedural rule to regulate distribution would be desirable, it can be framed to meet any problems which may have arisen.

Rule 1715 does not deal with the so-called ‘‘fluid recovery’’ doctrine, in which damages are assessed on the basis of the harm to the entire class without regard to the separate individual claims of members. The damages recovered are applied under the doctrine of ‘‘cy pres’’ for other uses benefiting present or future members of the class. Illustrations are bus-rider overcharges and consumer purchasers of the same service or product. In the anti-trust antibiotics overcharge cases the court approved a settlement award of damages unclaimed by individual class members to various State claimants to be applied by them for health care purposes.

The issues involved are more than procedural. They involve public policy considerations of substantive law upon which the Committee expresses no opinion.

Rule 1716. Counsel Fees.

The Federal rule does not deal with counsel fees. They are governed by statute or traditional concepts developed by case law. Similarly, Rule 1716 contains no substantive provisions as to when an award of counsel fees may be made. It provides that they may be awarded only if applicable law so provides. However, the rule does empower the court, if fees are allowable, to regulate the amount of fees and expenses. The court is not bound by the amount or percentage of the fee set forth in a contingent fee agreement between the representative party and his attorney, although the contingent nature of the fee is a factor to be considered in approving the fee.

The rule sets forth a number of factors to be considered by the court in determining the amount of the fee.

(1) The time and effort reasonably expended by the attorney in the litigation. The keeping of accurate time records is therefore essential. These records should designate by whom the services were performed, i.e., partners, senior attorneys, associates, juniors, paralegals, etc., and their hourly rates. The time and effort factor is important, but it is not the sole criterion. The ingenuity and skill of counsel may in the course of only a few hours develop an entirely new theory of recovery where others have failed. On the other hand, the inexperience of an attorney may require the expenditure of needless, wasted hours.

(2) The quality of the services rendered. Counsel who possess or are reputed to possess more experience, knowledge and legal talent are entitled to and generally command compensation superior to counsel who are less endowed.

(3) The results achieved and benefits conferred upon the class or upon the public. The reference to the public benefit is not intended to incorporate an ‘‘attorney general concept’’ to support awards of attorneys’ fees where such awards are not presently allowed under existing substantive principles or statutory authorizations. In Alyeska Pipeline Service Company v. Wilderness Society, 421 U. S. 240, 44 L. Ed.2d. 141, 95 S. Ct. 1612 (1975), the court expressly rejected the private attorney general theory where the award of attorneys’ fees had not been statutorily authorized or could not be claimed under the established principles of equity relating to awards from the creation of the fund.

(4) The magnitude, complexity and uniqueness of the litigation.

(5) Whether the receipt of a fee was contingent on success.

It is important to emphasize that the order in which these factors are listed in the rule is not in any way intended to suggest an order of priority on comparative importance in the determination of the fee.

History

Source: The provisions of this Rule 1716 adopted June 30, 1977, effective September 1, 1977, 7 Pa.B. 1956; renumbered as Rule 1717 May 11, 2012, effective July 1, 2012, 42 Pa.B. 2954. Immediately preceding text appears at serial pages (253388).

Chapter 1900 ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

231 Pa. Code Rule 1901 Definitions.

As used in this chapter: Act—The Protection from Abuse Act No. 206 approved December 19, 1990, 23 Pa.C.S.A. § 6101 et seq. Action—A proceeding for protection from abuses defined in § 6102 of the Act. Court—The court of common pleas. Emergency Order—An order entered by a hearing officer, who is a person meeting the definition set forth at 23 Pa.C.S.A. § 6102. Fees—means any costs associated with the filing, issuance, registration, service or appeal of a Protection From Abuse matter, including any foreign protection order. Temporary Order—An ex parte order entered by the court pursuant to 23 Pa.C.S.A. § 6107.

The provisions of this Rule 1901 adopted March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (390067) to (390068).

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1901.1 Venue.

(a) Except as provided in subdivision (b), an action for protection from abuse may be brought in a county in which

(1) the plaintiff resides, either temporarily or permanently, or is employed, or

(2) the defendant may be served, or

(3) the abuse occurred.

(b) If the relief sought includes possession of the residence or household to the exclusion of the defendant, the action shall be brought only in the county in which the residence or household is located.

(c) An action for indirect criminal contempt may be filed in, and heard by, the court in the county in which the order was issued or where the violation occurred.

The statute and rules governing actions for protection from abuse formerly contained no provision for venue. Recommendation No. 84 of the Civil Procedural Rules Committee proposed a new rule to fill that void and the rule has been adopted as Rule 1901.1.

Subdivision (a) provides for venue in the following counties: (1) the county in which the abuse occurred, (2) the county in which the defendant may be served, (3) the county in which the plaintiff resides, either permanently or temporarily, and (4) the county in which the plaintiff is employed. These are the counties with which the plaintiff has the most significant contacts and the greatest interest in remaining free from abuse. The county of temporary residence is included because an abused person may have to flee the county of permanent residence to escape further abuse.

The rule imposes limited venue when the relief sought includes the sole possession of the residence or household. In that instance, the action must be brought in the county in which the residence or household is located.

The 2005 amendments to the Protection From Abuse Act grant jurisdiction over indirect criminal contempt complaints in either the county in which the order was issued or the county where the violation occurred. This rule allows for flexible and immediate enforcement of protection from abuse orders. With this amendment, indirect criminal contempt jurisdiction is parallel to prosecution for stalking and harassment. 23 Pa.C.S.A. § 6114 (a.1).

The provisions of this Rule 1901.1 adopted January 25, 1991, effective July 1, 1991, 21 Pa.B. 614; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369. Immediately preceding text appears at serial page (242777).

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1901.2 Scheduling.

Each judicial district shall establish times when the court will hear temporary Protection From Abuse matters.

The provisions of this Rule 1901.2 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391.

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1901.3 Commencement of action.

(a) Except as provided in subdivision (b), a plaintiff shall commence an action by presenting to the court or filing with the prothonotary a petition setting forth the alleged abuse by the defendant. The petition shall be substantially in the form set forth in Pa.R.C.P. No. 1905(b) and shall have as its first page the Notice of Hearing and Order set forth in Pa.R.C.P. No. 1905(a).

(b) An action may be commenced by filing with the prothonotary a certified copy of an emergency order entered pursuant to 23 Pa.C.S. § 6110, including orders issued by a hearing officer.

(d) The hearing officer shall follow the procedures set forth in the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges for emergency relief under the Protection From Abuse Act.

Official Note

See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

The provisions of this Rule 1901.3 adopted March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial page (392601).

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1901.4 Service and Registration of order.

(a) Service of the petition and temporary order shall be in accordance with Rule 1930.4.

(b) An Affidavit of Service substantially in the form set forth in Rule 1905(d) shall be filed with the prothonotary.

(c) Upon the filing of a protection order with the prothonotary, the prothonotary shall transmit a copy of the order to the State Police PFA Registry in the manner prescribed by the Pennsylvania State Police.

Official Note

This provision also applies to an order denying a plaintiff’s request for a final protection order.

(d) No fee shall be charged to the plaintiff or petitioner for service of any protection from abuse order or pleading or for the registration, filing or service of any foreign protection order.

Subdivision (c) reflects the prothonotary’s role in ensuring that all protection orders reach the new statewide PFA Registry. Pursuant to the 1994 amendments to the Protection From Abuse Act, the Pennsylvania State Police Department is mandated to establish this registry for all protection orders issued or registered in the Commonwealth. Once it becomes fully operational, it will be available at all times to inform law enforcement officers, dispatchers and courts of the existence and terms of protection orders. The Registry represents a major improvement in the manner in which protection orders are registered and verified by not only eliminating the need to register the order in every county where the victim believes enforcement is necessary, but also enabling the police to immediately verify the order for purposes of enforcement. In order to ensure that the information in the Registry remains current, subdivision (c) requires the prothonotary to transmit all protection orders issued or registered in the Commonwealth, including temporary, final, modified and consent orders as well as any orders withdrawing, extending or denying the plaintiff’s request for a protection order.

New subdivision (d) reflects the prohibition against charging fees to the plaintiff, even those related to foreign protection orders, as set forth in the 2005 amendments to the Protection From Abuse Act. 23 Pa.C.S.A. § 6106(b) and (g.1).

The provisions of this Rule 1901.4 adopted March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended October 2, 1995, effective January 1, 1996, 25 Pa.B. 4518; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369. Immediately preceding text appears at serial pages (242778) and (311799).

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1901.5 Enforcement.

(a) When an arrest is made for violation of an order, a complaint for indirect criminal contempt shall be completed and signed by either a police officer, the sheriff or the plaintiff. When the complaint is filed by a police officer or sheriff, neither the plaintiff’s presence nor signature is required.

(b) If an arrest is not effected, a complaint for indirect criminal contempt may be completed and signed by the plaintiff pursuant to 23 Pa.C.S.A. § 6113.1.

The 2005 amendments to the Protection From Abuse Act authorize the sheriff to arrest the defendant for violations of a protection from abuse order. In addition, the sheriff is authorized to exercise a search and seizure of any firearm, other weapon and ammunition subsequent to arrest. 23 Pa.C.S.A. § 6113(a) and (b).

The provisions of this Rule 1901.5 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369. Immediately preceding text appears at serial page (311799).

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1901.6 Responsive Pleading Not Required.

The defendant is not required to file an answer or other responsive pleading to the petition or the certified order, and all averments not admitted shall be deemed denied.

Official Note

For procedures as to the time and manner of hearings and issuance of orders, see 23 Pa.C.S. § 6107. For provisions as to the scope of relief available, see 23 Pa.C.S. § 6108. For provisions as to contempt for violation of an order, see 23 Pa.C.S. § 6114.

The provisions of this Rule 1901.6 adopted March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390070) to (390071).

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1901.7 Decision. Post-trial Relief.

(a) The decision of the court may consist of only general findings of abuse but shall dispose of all claims for relief. The court’s final order shall be rendered substantially in the form set forth in Rule 1905(e).

(b) No motion for post-trial relief may be filed to the final order.

Official Note

The procedure relating to Motions for Reconsideration is set forth in Rule 1930.2.

(c) If a final protection from abuse order directs the defendant to pay support to the plaintiff for the benefit of the plaintiff and/or a child, the plaintiff must file a complaint for support with the domestic relations section within two weeks of the date of the order or the support provisions of the order shall lapse automatically. If the plaintiff timely files with the domestic relations section, the support provisions of the final protection from abuse order shall remain in effect until a support order is entered.

(d) The custody provisions of a Protection From Abuse order are temporary. Either party may initiate custody proceedings pursuant to the custody statute at 23 Pa.C.S. § 5321 et seq. Any valid custody order entered after the final Protection From Abuse order supersedes the custody provisions in paragraph 5 of the Protection From Abuse order.

New Rules 1901, et seq. promulgated March 9, 1977 and effective 15 days after publication in the Pennsylvania Bulletin implement the Protection From Abuse Act No. 218 of 1976 which became effective December 6, 1976.

The Act introduces a new civil remedy authorizing protective orders to bring about cessation of abuse of the plaintiff or minor children, which relief includes, inter alia, exclusion of the errant spouse from the household, the award of temporary custody and visitation rights with regard to minor children and support.

The Act also authorizes temporary ex parte orders when the exigency of the situation requires immediate relief before process can be served on a defendant.

Jurisdiction is also conferred on the magisterial district judges over the weekend if and when a judge of the court of common pleas is not available, but any temporary order of a magisterial district judge expires at the resumption of business of the common pleas court at the beginning of the week or within seventy-two (72) hours, whichever occurs first. The magisterial district judge is required immediately to certify his or her order to the common pleas court and the certification under the Act has the effect of commencing a proceeding in the common pleas court and invoking the other provisions of the Act.

Section 9 of the Act provides that all proceedings shall be in accordance with Rules of Civil Procedure and shall be in addition to any other available civil or criminal remedies.

Act 207-2004 amended numerous titles of the Pennsylvania Consolidated Statutes changing the title of ‘‘district justice’’ to ‘‘magisterial district judge.’’ The amendments to Rule 1901.7’s Explanatory Comment—1977 reflect the change in title, make the comment gender-neutral and delete outdated material.

The provisions of this Rule 1901.7 adopted March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1941; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 9, 2005, effective immediately, 35 Pa.B. 2994; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250. Immediately preceding text appears at serial page (368049).

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1901.8 Modification or Discontinuance.

(a) In cases in which a temporary protection order has not yet been granted or has been denied, a plaintiff in a protection from abuse action who wishes to discontinue the action may file a praecipe to discontinue, pursuant to Pa.R.C.P. 229, prior to the final order hearing. The party may also request the discontinuance by oral motion at a hearing.

(b) In cases in which a temporary protection order has been granted, a plaintiff in a protection from abuse action who wishes to vacate the temporary order and discontinue the action shall either file a petition with the court prior to the final order hearing or make the request by oral motion at the final order hearing.

(c) If either party seeks a modification after a final judgment has been entered in a protection from abuse action, the party shall petition the court to modify the final order. The court shall enter an order granting or denying the petition following an appearance by the petitioner before the court.

Jurisdictions across the commonwealth have adopted varying procedures and processes for the withdrawal, discontinuance and modification of protection from abuse actions. This rule provides a uniform process that comports with the requirements of 23 Pa.C.S. § § 6107(b)(2) (related to hearings), 6117 (related to procedure and other remedies) and Commonwealth v. Charnik, 921 A.2d 1214 (Pa. Super. 2007). These requirements, when read together, require a different procedure for withdrawal, discontinuance and modification at various stages in a protection from abuse proceeding.

After a final protection order is entered, and no motion to reconsider or appeal is filed, the court no longer retains jurisdiction to vacate that order. Charnik, 921 A.2d at 1217. The court does, however, have jurisdiction to modify a protection from abuse order at any time after the filing of a petition for modification, service of the petition and a hearing on the petition. 23 Pa.C.S. § 6117. Thus, a party may request that the court modify the order to expire at an earlier date if the party does not want the order to remain in effect.

The provisions of this Rule 1901.8 adopted June 25, 2013, effective in 30 days on July 25, 2013, 43 Pa.B. 3932.

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

231 Pa. Code Rule 1905 Forms for Use in PFA Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order.

(a) The Notice of Hearing and Order required by Pa.R.C.P. No. 1901.3 shall be substantially in the following form:

(Caption)NOTICE OF HEARING AND ORDER

YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, prohibited from possessing any firearm, other weapon, ammunition, or any firearm license, and lose other important rights, including custody of your children. A protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody) and Child Protective Services Law proceedings under Chapter 63 (related to juvenile matters).

A hearing on the matter is scheduled for the

History

Source: The provisions of this Rule 1905 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 2, 2000, effective immediately, 30 Pa.B. 3027; amended October 27, 2000, effective immediately, 30 Pa.B. 5837; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended March 18, 2004, effective June 16, 2004, 34 Pa.B. 1754; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended February 6, 2007, effective May 7, 2007, 37 Pa.B. 929; amended August 13, 2008, effective in 90 days, 38 Pa.B. 4729; amended February 10, 2015, effective in 30 days on March 12, 2015, 45 Pa.B. 1250; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended March 5, 2019, effective April 10, 2019, 49 Pa.B. 1342. Immediately preceding text appears at serial pages (392604), (390073) to (390074), (337857) to (337860), (392605) to (392606), (337863) to (337870), (376541) to (376542), (337873) to (337874), (350109) to (350110), (337877) to (337878) and (392607).

Chapter 1910 ACTIONS FOR SUPPORT

231 Pa. Code Rule 1910.1 Scope. Definitions.

(a) Scope. Except as provided by subdivision (b), the rules of this chapter govern all civil actions or proceedings brought in the court of common pleas to enforce a duty of support, or an obligation to pay alimony pendente lite.

(b) Exception. The rules of this chapter shall not govern:

(1) an action or proceeding for support based upon a contract or agreement which provides that it may not be enforced by an action in accordance with these rules,

(2) an application for a temporary order of support and other relief pursuant to 23 Pa.C.S. § § 6101 et seq.; or

(3) an action for support of an indigent brought pursuant 23 Pa.C.S. § § 4601 et seq.

(c) Definitions. As used in this chapter, unless the context of a rule indicates otherwise, the following terms shall have the following meanings:

(1) ‘‘Conference officer,’’ the person who conducts an office conference pursuant to Rule 1910.11.

(2) ‘‘Default order,’’ a support order entered when a party fails to respond or appear after proper notice.

(3) ‘‘Domestic Relations Section,’’ the office responsible for establishing paternity, and determining and enforcing child and spousal support orders. For the purpose of these rules, a County Child/Spousal Support Services shall be synonymous with a Domestic Relations Section.

(4) ‘‘Hearing officer,’’ the person who conducts a hearing on the record and makes recommendations to the court pursuant to Rule 1910.12.

(5) ‘‘Overdue support,’’ the amount of delinquent support equal to or greater than one month’s support obligation which accrues after entry or modification of a support order as the result of obligor’s nonpayment of that order.

(6) ‘‘Past due support,’’ the amount of support which accrues prior to entry or modification of a support order as the result of retroactivity of that order. If nonpayment of the order causes overdue support to accrue, any and all amounts of past due support owing under the order shall convert immediately to overdue support and remain as such until paid in full.

(7) ‘‘Suspend,’’ eliminate the effect of a support order for a period of time.

(8) ‘‘Terminate,’’ end not only the support order, but the support obligation as well.

(9) ‘‘Trier-of-fact,’’ the judge, hearing officer, or conference officer who makes factual determinations.

(10) ‘‘Vacate,’’ declare a particular support order null and void, as if it were never entered.

A duty of support is imposed by 23 Pa.C.S. § 4321 and 23 Pa.C.S. § § 4601 et seq. The procedure under the rules of this chapter implements 23 Pa.C.S. § § 4301 et seq., relating to support proceedings. The procedure under these rules provides an alternative to the intrastate and interstate procedures under 23 Pa.C.S. § § 7101 et seq. and 8101 et seq. or alimony and alimony pendente lite, see 23 Pa.C.S. § § 3701, 3702.

Long arm jurisdiction is available in support actions brought pursuant to these rules per 23 Pa.C.S. § 4342(c).

If a contract or agreement provides that it cannot be enforced in accordance with the rules, actions upon a contract or agreement for support are to be heard by the court and not a conference officer or hearing officer under Rules 1910.11 or 1910.12. However, such actions should be expedited and given preference in court listings.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Nothing in this rule should be interpreted to eliminate the distinctions between spousal support and alimony pendente lite which are established by case law.

Alimony pendente lite must be distinguished from permanent alimony for purposes of this rule. The rule applies only to alimony pendente lite. The procedure for obtaining permanent alimony is governed by Section 3702 of the Divorce Code, 23 Pa.C.S.A. § 3702, and Rules of Civil Procedure 1920.1 et seq. Agreements for alimony approved by the court in connection with actions for divorce under Section 3701 of the Divorce Code are deemed to be court orders enforceable under Section 3703 of the Code.

Section 3105(a) of the Divorce Code provides that all agreements relating to matters under the code, whether or not merged or incorporated into the decree, are to be treated as orders for purposes of enforcement unless the agreement provides otherwise. Subdivision (b)(1) is amended to conform to the statute.

There is considerable diversity in the terminology used throughout the rules, and in the various counties, to describe the individuals who conduct conferences and hearings pursuant to the support rules. The addition of subdivision (c) to the rule standardizes terminology and eliminates the confusion which results from individual counties using inconsistent terms to refer to persons performing the same function. All references in the rules to conference or hearing officers have been amended to conform to the terminology set forth in subdivision (c).

In an effort to further standardize the terminology used in support matters, the additional terms are defined.

Act 1998-127 technically amended Act 1997-58 to define and differentiate between past due and overdue support to clarify that only overdue support constitutes a lien by operation of law against the obligor’s real or personal property. 23 Pa.C.S.A. § 4302 now defines overdue support as ‘‘support which is delinquent under a payment schedule established by the court.’’ Past due support is defined as ‘‘support included in an order of support which has not been paid.’’

The definitions of past due and overdue support in this rule do not substantively change the legislative definitions. They merely elaborate on them in terms which are more familiar and helpful to the bench and bar. Specifically, past due support consists of the purely retroactive arrearages which accumulate between the date of the filing of the complaint or petition for modification and the date of the hearing and entry of the initial or modified support order. Overdue support refers to the delinquent arrearages which accrue after entry of the order due to the obligor’s failure to pay support pursuant to the order.

These definitions are important for determining the remedies available for collecting support arrearages. Pursuant to 23 Pa.C.S.A. § 4352(d), only overdue support (delinquent arrearages) constitutes a lien by operation of law against the obligor’s property. Conversely, past due support (retroactive arrears) does not operate as a lien against this property as long as the obligor remains current on the support order.

Rule 1910.20 extends this legislative distinction between overdue and past due support to the following remedies available to collect support: (1) consumer agency reporting under 23 Pa.C.S.A. § 4303; (2) suspension of licenses under 23 Pa.C.S.A. § 4355; and (3) the full range of new collection remedies under 23 Pa.C.S.A. § 4305(b)(10). Accordingly, these remedies are available only to collect overdue support. They are not available to collect past due support as long as the obligor remains current on the order. If, however, the obligor subsequently defaults on the support order, Rule 1910.20(c) provides that any past due support still owing under the order immediately becomes overdue support subject to the full range of collection remedies. It remains overdue support until collected in full.

Pursuant to Rule 1910.20(c), all overdue support, including past due support which has converted to overdue support, remains subject to Act 58 remedies until paid in full. Any repayment plan subsequently agreed to by the parties, or ordered by the court pursuant to a contempt proceeding (including any arrearage component), does not preclude the use of these remedies for collecting overdue support more quickly, whenever feasible.

In cases involving past due support only, the obligee is not entirely without remedy in the event that additional income or assets of the obligor are discovered after the hearing which would enable collection of past due support more quickly. In these cases, identification of those income sources or assets provides a basis for modification pursuant to Rule 1910.19. Modification includes increasing the rate of repayment on past due support and, if appropriate, ordering that the past due support be paid in full. In these cases, the obligee may also petition the court for special relief pursuant to Rule 1910.26 to have the income or assets frozen and seized pending the petition for modification in order to secure payment of past due support.

Act 43-2005, July 7, 2005, P.L. 196, repealed the Act of June 24, 1937 (P.L. 2045, No. 397), known as The Support Law and added Chapter 46 to the Domestic Relations Code, 23 Pa.C.S.A. § 4601 et seq. Section 4 of Act 43-2005 states that the addition of Chapter 46 is a continuation of the Act of June 24, 1937 (P.L. 2045, No. 397). Chapter 46 addresses the responsibility of certain family members to maintain indigent relatives, whether or not the indigent person is a public charge. New subdivision (b)(3) clarifies that the support rules and guidelines do not apply to actions brought under Chapter 46 of the Domestic Relations Code.

The provisions of this Rule 1910.1 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended April 15, 1994, effective July 1, 1994, 24 Pa.B. 2296; amended December 8, 1994, effective July 1, 1995, 24 Pa.B. 6399; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended February 2, 2007, effective February 3, 2007, 37 Pa.B. 522; amended August 17, 2021, effective January 1, 2022, 51 Pa.B. 5539; amended August 11, 2025, effective January 1, 2026, 55 Pa.B. 5978. Immediately preceding text appears at serial pages (407028) to (407031).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.2 Venue. Transfer of Action.

(a) An action may be brought in

(1) the county in which the defendant resides, or

(2) the county in which the defendant is regularly employed, or

(3) the county in which the plaintiff resides and that county is the county in which the last marital domicile was located and in which the plaintiff has continued to reside.

(4) the county in which the child resides if the relief sought includes child support.

Official Note

If an action for support is brought in the county in which the plaintiff resides but that county is not the county in which the last family domicile was located and in which the plaintiff has continued to reside, the action shall proceed in accordance with the Revised Uniform Reciprocal Enforcement of Support Act (1968), 23 Pa.C.S. § 4501 et seq. if the defendant is outside the Commonwealth, or in accordance with 23 Pa.C.S. § 4533 which provides for intrastate application of RURESA if the defendant is within the Commonwealth, and not in accordance with these Rules.

(b) Where jurisdiction is acquired over the defendant pursuant to the long arm statute, 23 Pa.C.S. § 4342(c), the action may be brought in the county where the plaintiff resides.

Official Note

23 Pa.C.S. § 7201 sets forth the specific bases for long arm jurisdiction over a non-resident defendant.

(c) If, at the time of the filing of the action, there is a divorce or custody action pending between the parties in an appropriate court in another county, the court upon good cause shown may transfer the support action to that county.

(d) For the convenience of the parties and witnesses the court may transfer an action to the appropriate court of any other county where the action could have been brought at the time of transfer.

Official Note

The standards for transfer of an action for the convenience of parties and witnesses are the same as the standards under Rule 1006(d).

(e) A support order may be enforced in accordance with the Uniform Interstate Family Support Act, 23 Pa.C.S. § 7101 et seq., if the defendant resides outside the Commonwealth, or in accordance with the Intrastate Family Support Act, 23 Pa.C.S. § 8101 et seq., if the defendant resides in another county within the Commonwealth.

The provisions of this Rule 1910.2 amended June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 8, 1994, effective July 1, 1995, 24 Pa.B. 6399; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended October 31, 2002, effective immediately, 32 Pa.B. 5632. Immediately preceding text appears at serial pages (267729) to (267730).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.3 Parties. Obligor. Obligee.

(a) An action may be brought

(1) by a person, including a minor parent or a minor spouse, to whom a duty of support is owing, or

(2) on behalf of a minor child by a person having custody of the child, without appointment as guardian ad litem, or

(3) on behalf of a minor child by a person caring for the child regardless of whether a court order has been issued granting that person custody of the child, or

(4) by a public body or private agency having an interest in the case, maintenance or assistance of a person to whom a duty of support is owing, or

(5) by a parent, guardian or public or private agency on behalf of an unemancipated child over eighteen years of age to whom a duty of support is owing, or.

(6) by any person who may owe a duty of support to a child or spouse. If the person to whom a duty of support may be owed does not appear, the action may be dismissed without prejudice for the petitioner to seek further relief from the court.

(b) The trier of fact shall enter an appropriate order based upon the evidence presented, without regard to which party initiated the support action, filed a modification petition or filed a petition for recovery of support overpayment. The determination of which party will be the obligee and which will be the obligor will be made by the trier of fact based upon the respective incomes of the parties, consistent with the support guidelines and existing law, and the custodial arrangements at the time of the initial or subsequent conference, hearing or trial. If supported by the evidence, the party named as the defendant in the initial pleading may be deemed to be the obligee, even if that party did not file a complaint for support. The provisions of this subdivision do not apply to parties seeking spousal support or alimony pendente lite. Parties seeking spousal support or alimony pendente lite must assert a claim in an appropriate pleading with proper notice served upon the other party.

(1) In general, the party who has primary custody of the children shall be the obligee of a child support order.

(2) When the parties share custody of the children equally, the party with the higher income shall be the obligor as provided in Rule 1910.16-4(c)(2).

New subdivision (c) incorporates 23 Pa.C.S. § 4341(b) to confer standing on any person who is caring for a child to seek support on behalf of that child even though there is no court order granting legal or physical custody to that person. The statutory provision effectively overrules Larson v. Diveglia, 549 Pa. 118, 700 A.2d 931 (1997), which held to the contrary.

Subdivision (e) is amended to eliminate the requirement of consent when the child is over 18 years of age. This requirement was originally intended only for applicable child support actions for higher educational support, which actions were abolished by Curtis v. Kline, 542 Pa. 249, 666 A.2d 265 (1995). This rule also is intended to apply to children who are unemancipated by reason of physical or mental disability, consistent with 23 Pa.C.S. § 4321(3) as interpreted by case law.

A new category has been added in subdivision (a) to allow a party who may not have primary custody of the parties’ child or who may owe a duty of support to a spouse to initiate a support action in which an appropriate order may be entered. In some cases, the obligor may want to start paying spousal support or alimony pendente lite to the obligee as soon as possible to avoid the accumulation of retroactive arrears, but § 71 of the Internal Revenue Code provides that payments to a spouse or ex-spouse must be pursuant to an order or a divorce or separation instrument to receive alimony tax treatment. Thus, any payments made prior to the entry of a support order will not be deductible by the obligor. This provision is intended to allow an obligor to commence the process by which he or she may pay support earlier.

A new subdivision (b) has been added to clarify that in all initial and subsequent child support actions, the trier of fact may enter a support order against either party, without regard to which party filed the complaint or petition for modification. This facilitates judicial economy, and relieves the parties from incurring additional filing fees, losing time from work or family, losing retroactivity and having to wait for a new proceeding to be scheduled. It enables the trier of fact to base the order on the facts and circumstances at the time of the proceeding, which may be different than at the time of filing.

The provisions of this Rule 1910.3 amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended October 30, 2001, effective immediately, 21 Pa.B. 6273; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended November 5, 2012, effective December 5, 2012, 42 Pa.B. 7091. Immediately preceding text appears at serial pages (358492) to (358494).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.4 Domestic Relations Section. Commencement of Action. No Filing Fees. Authorized Fees.

(a) Filing Office. Each court of common pleas shall have a domestic relations section that shall be the filing office for pleadings and documents for child support, spousal support, and alimony pendente lite actions.

(b) Commencement of Support Action. A party shall commence actions for child support and spousal support by filing a complaint in the domestic relations section. A party shall commence an action for alimony pendente lite by filing a complaint in the domestic relations section if a divorce complaint has been filed with the prothonotary.

(c) Filing Fee. The domestic relations section shall not require payment of a filing fee to commence or modify an action.

(d) Additional Fees. Unless authorized by statute, a judicial district shall not impose additional fees in actions for child support, spousal support, and alimony pendente lite. The domestic relations section shall collect fees through the Pennsylvania Child Support Enforcement System (PACSES).

(e) Petition for Judicial Relief—Arbitration. If a complaint was not previously filed, a complaint shall be filed in the domestic relations section contemporaneously with a petition seeking the collection or enforcement of a confirmed arbitration award for support by the domestic relations section. A complaint need not be filed with the domestic relations section for petitions seeking other judicial relief concerning arbitration.

See Pa.R.Civ.P. 1910.27(a) (form of complaint).

See Pa.R.Civ.P. 1930.1(b). To the extent this rule applies to actions not governed by other legal authority regarding confidentiality of information and documents in support actions or that attorneys or unrepresented parties file support-related confidential information and documents in non-support actions, e.g., divorce, custody, the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania shall apply.

For the Pennsylvania Department of Human Services Child Support Program’s e-services, including filing for support or requesting a modification of an existing support order, see https://www.humanservices.dhs.pa.gov/csws/.

See Pa.R.Civ.P. 1920.31(a)(2) regarding the filing of alimony pendente lite actions in the domestic relations section.

The statutorily authorized fees in actions for child support, spousal support, and alimony pendente lite include the genetic testing fee, the federally mandated annual fee, and fees associated with statewide court operations referenced in 204 Pa. Code § 29.351.

Concerning subdivision (e), see Pa.R.Civ.P. 1960—1965 governing the Uniform Family Law Arbitration Act, 42 Pa.C.S. § § 7371—7398.

The provisions of this Rule 1910.4 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended December 31, 2025, effective April 1, 2026, 56 Pa.B. 351. Immediately preceding text appears at serial page (394372).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.5 Complaint. Order of Court.

(a) The complaint shall be substantially in the form provided by Rule 1910.27(a).

(b) The complaint shall not contain a notice to defend or be endorsed with a notice to plead.

Official Note

Neither Rule 1018.1 nor Rule 1361 applies to a complaint in an action for support.

(c) An order shall be attached at the front of the complaint directing the defendant to appear before an officer for a conference at the time and place directed by the court. The order shall be substantially in the form provided by Rule 1910.27(b) and must include notice that a child support order may be entered against either party without regard to which party initiated the action.

Official Note

For service of original process in support matters, see Rule 1930.4.

The provisions of this Rule 1910.5 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847. Immediately preceding text appears at serial pages (293833) to (293834).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.6 Notification.

Parties to a support action and their attorneys shall be provided notice of all proceedings in which support obligations might be established or modified. Notice must be provided at least 20 days prior to the proceeding. The parties and their attorneys shall also be provided with a copy of any order issued in the support action within 14 days after issuance of the order. If there is no activity in a support action for a period of three years, the domestic relations section shall send a notice to each of the parties’ attorneys advising each attorney that his or her appearance in the support action shall be deemed to be withdrawn unless the attorney objects within thirty (30) days of the date the notice is mailed to the attorney. An attorney representing a party in a support action shall not be deemed to be representing that party in any other action, nor shall a withdrawal of appearance in a support action be deemed to be a withdrawal of appearance for the party in any other proceeding.

The provisions of this Rule 1910.6 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended October 2, 1995, effective January 1, 1996, 25 Pa.B. 4518; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended October 30, 2001, effective immediately, 31 Pa.B. 6273. Immediately preceding text appears at serial page (267732).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.7 Pleading by Defendant Not Required. Question of Jurisdiction or Venue or Statute of Limitations in Paternity.

(a) An answer or other responsive pleading by the defendant shall not be required, but if the defendant elects to file a pleading, the domestic relations office conference required by the order of court shall not be delayed.

Official Note

See Pa.R.C.P. No. 1930.1(b). To the extent this rule applies to actions not governed by other legal authority regarding confidentiality of information and documents in support actions or that attorneys or unrepresented parties file support-related confidential information and documents in non-support actions (e.g., divorce, custody), the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania shall apply.

(b) If defendant raises a question of jurisdiction or venue or in paternity cases the defense of the statute of limitations, the court shall promptly dispose of the question and may, in an appropriate case, stay the domestic relations office conference.

The provisions of this Rule 1910.7 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial page (390083).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.8 {Rescinded}.

Official Note

The provisions in this Rule now appear in Rule 1910.2(a) through (f).

The provisions of this Rule 1910.8 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; rescinded December 18, 1998, effective January 1, 1999, 29 Pa.B. 16. Immediately preceding text appears at serial page (231363).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.9 Discovery.

(a) Except as provided in Rule 1910.11(j) and Rule 1910.12(c), there shall be no discovery in an action for support unless authorized by special order of court.

Official Note

The rule relating to discovery in domestic relations matters generally is Rule 1930.5.

(b) Where a party is employed, the court shall ascertain the party’s earnings and may enter an order directing the employer to furnish earnings information to the court as provided by Rule 1910.28.

The provisions of this Rule 1910.9 amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (265460).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.10 Alternative Hearing Procedures.

(a) The action shall proceed as prescribed by Pa.R.C.P. No. 1910.11 unless the court by local rule adopts the alternative hearing procedure of Pa.R.C.P. No. 1910.12.

(b) The president judge or the administrative judge of Family Division of each county shall certify that all support proceedings in that county are conducted in accordance with either Pa.R.C.P. No. 1910.11 or Pa.R.C.P. No. 1910.12. The certification shall be filed with the Domestic Relations Procedural Rules Committee, and shall be substantially in the following form: I hereby certify that

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.11 Office Conference. Subsequent Proceedings. Order.

(a) Office Conference.

(1) A conference officer shall conduct the office conference.

(2) An attorney serving as a conference officer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, or judge of the same judicial district.

(b) Failure to Appear. If a party fails to appear at the conference as directed by the court, the conference may proceed with a default order being entered against the non-appearing party.

• the most recently filed individual federal income tax returns, including all schedules, W-2s, and 1099s;

• the partnership or business tax returns with all schedules, including K-1, if the party is self-employed or a principal in a partnership or business entity;

• pay stubs for the preceding six months;

• verification of child care expenses;

• child support, spousal support, alimony pendente lite, or alimony orders or agreements for other children or former spouses;

• proof of available medical coverage; and

• an Income Statement and, if necessary, an Expense Statement on the forms provided in Pa.R.Civ.P. 1910.27(c) and completed as set forth in subdivisions (c)(1) and (c)(2).

(1) The parties shall provide the conference officer with a completed:

(i) Income Statement as set forth in Pa.R.Civ.P. 1910.27(c)(1) in all support cases, including high-income cases under Pa.R.Civ.P. 1910.16-3.1; and

(ii) Expense Statement as set forth in Pa.R.Civ.P. 1910.27(c)(2)(A), if a party:

(A) claims that unusual needs and unusual fixed expenses may warrant a deviation from the guideline support amount pursuant to Pa.R.Civ.P. 1910.16-5; or

(B) seeks expense allocation pursuant to Pa.R.Civ.P. 1910.16-6.

(2) For high-income support cases as set forth in Pa.R.Civ.P. 1910.16-3.1, the parties shall provide to the conference officer the Expense Statement in Pa.R.Civ.P. 1910.27(c)(2)(B).

(d) Conference Officer Recommendation.

(1) The conference officer shall calculate and recommend a guideline support amount to the parties.

(2) If the parties agree on a support amount at the conference, the conference officer shall:

(i) prepare a written order consistent with the parties’ agreement and substantially in the form set forth in Pa.R.Civ.P. 1910.27(e), which the parties shall sign; and

(ii) submit to the court the written order along with the conference officer’s recommendation for approval or disapproval.

(iii) The court may enter the order in accordance with the agreement without hearing from the parties.

(3) In all cases in which one or both parties are unrepresented, the parties shall provide income information to the domestic relations section so that a guidelines calculation can be performed.

(4) In cases in which both parties are represented by counsel, the parties shall not be obligated to provide income information and the domestic relations section shall not be required to perform a guidelines calculation if the parties have reached an agreement about the amount of support and the amount of contribution to additional expenses.

(e) Conference Summary. At the conclusion of the conference or not later than 10 days after the conference, the conference officer shall prepare a conference summary and furnish copies to the court and to both parties. The conference summary shall state:

(1) the facts upon which the parties agree;

(2) the contentions of the parties with respect to facts upon which they disagree; and

(3) the conference officer’s recommendation; if any, of

(i) the amount of support and by and for whom the support shall be paid; and

(ii) the effective date of any order.

(f) No Agreement. If an agreement for support is not reached at the conference, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). Each party shall be provided, either in person at the time of the conference or by mail, with a copy of the interim order and written notice that any party may, within 20 days after the date of receipt or the date of the mailing of the interim order, whichever occurs first, file a written demand with the domestic relations section for a hearing before the court.

(g) No Automatic Stay. A demand for a hearing before the court shall not stay the interim order entered under subdivision (f) unless the court so directs.

(h) No Hearing Demand. If no party demands a hearing before the court within the 20-day period, the interim order shall constitute a final order.

(i) Hearing Demand. If a demand is filed, there shall be a hearing de novo before the court. The domestic relations section shall schedule the hearing and give notice to the parties. The court shall hear the case and enter a final order substantially in the form set forth in Rule 1910.27(e) within 60 days from the date of the written demand for hearing.

(j) Separate Listing.

(1) Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing if:

(i) there are complex questions of law, fact or both; or

(ii) the hearing will be protracted; or

(iii) the orderly administration of justice requires that the hearing be listed separately.

(2) If the motion for separate listing is granted, discovery shall be available in accordance with Pa.R.Civ.P. 4001 et seq.

(k) Post-Trial Relief Motion. No motion for post-trial relief may be filed from the final order of support.

Conference officers preside at office conferences under Pa.R.Civ.P. 1910.11. Hearing officers preside at hearings under Pa.R.Civ.P. 1910.12. The appointment of a hearing officer to hear actions in divorce or for annulment of marriage is authorized by Pa.R.Civ.P. 1920.51.

See Pa.R.Civ.P. 1930.1(b). To the extent this rule applies to actions not governed by other legal authority regarding confidentiality of information and documents in support actions or that attorneys or unrepresented parties file support-related confidential information and documents in non-support actions, (e.g., divorce, custody), the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania shall apply.

Concerning subdivision (j)(2), the rule relating to discovery in domestic relations matters generally is Rule 1930.5.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

The domestic relations office conference provided by Rule 1910.11 constitutes the heart of the support procedure. There are two primary advantages to the inclusion of a conference. First, in many cases the parties will agree upon an amount of support and a final order will be prepared, to be entered by the court, thus dispensing with a judicial hearing. Second, those cases which do go to hearing can proceed more quickly because the necessary factual information has already been gathered by the conference officer.

Subdivision (a)(2) prohibits certain officers of the court from practicing family law before fellow officers of the same court. These officers are the conference officer who is an attorney (Rule 1910.11), the hearing officer (Rule 1910.12), and the standing or permanent master who is employed by the court (Rule 1920.51). The amendments are not intended to apply to the attorney who is appointed occasionally to act as a master in a divorce action.

Subdivision (e)(3) makes clear that even if the parties agree on an amount of support, the conference officer is still empowered to recommend to the court that the agreement be disapproved. This provision is intended to protect the destitute spouse who might out of desperation agree to an amount of support that is unreasonably low or which would in effect bargain away the rights of the children. The officer’s disapproval of the agreement serves to prevent an inadequate order being entered unwittingly by the court.

The provision for an interim order in subdivision (f) serves two purposes. First, it ensures that the obligee will receive needed support for the period during which the judicial determination is sought. Second, it eliminates the motive of delay in seeking a judicial determination.

Because the guidelines are income driven, the trier of fact has little need for the expense information required in the Income and Expense Statement. Therefore in guideline cases, the rule no longer requires that expense information be provided. If a party feels that there are expenses so extraordinary that they merit consideration by the trier of fact, that party is free to provide the information. In cases decided according to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), living expenses are properly considered, and therefore must be presented on the Income and Expense Statement.

Rule 1910.11(e) is amended to eliminate the need for a party to request a copy of the conference summary.

Because the court is required to enter a guideline order on the basis of the conference officer’s recommendation, there is no need for (g)(2), which provided for a hearing before the court where an order was not entered within five days of the conference. It is eliminated accordingly.

Pursuant to subdivision (g), support payments are due and owing under the interim order which continues in effect until the court enters a final order after the hearing de novo. The provision for an interim order serves two purposes. First, it ensures that the obligee will receive needed support for the period during which the judicial determination is sought. Second, it eliminates the motive of delay in seeking a judicial determination. Therefore, the plaintiff and the dependent children are not prejudiced by allowing the court sixty days, rather than the original forty-five, in which to enter its final order.

The time for filing a written demand for a hearing before the court has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure Commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

The amendments reflect the separated Income Statement and Expense Statements in Rule 1910.27(c).

When the parties’ combined net income exceeds $30,000 per month, calculation of child support, spousal support and alimony pendente lite shall be pursuant to Rule 1910.16-3.1. Rule 1910.16-2(e) has been amended to eliminate the application of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), in high income child support cases.

The rule has been amended to require that income information be provided in all cases, unless both parties are represented in reaching an agreement, so that a guidelines calculation can be performed. The guidelines create a rebuttable presumption that the amount calculated pursuant to them is the correct amount, so there should be a calculation in every case. If parties agree to receive or to pay an order other than the guideline amount, they should know what that amount is so that they can enter an agreement knowingly. If both parties are represented by counsel, it is assumed that their entry into the agreement for an amount other than a guidelines amount is knowing as it is counsels’ responsibility to advise the parties. In addition, part of the mandatory quadrennial review of the support guidelines mandates a study of the number of cases in which the support amount ordered varies from the amount that would result from a guidelines calculation. Federal regulations presume that if a large percentage of cases vary from the guideline amount, then the guidelines are not uniform statewide.

The provisions of this Rule 1910.11 adopted April 23, 1981, effective July 22, 1981, 11 Pa.B. 1625; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended September 29, 1989, effective October 15, 1989, 19 Pa.B. 4451; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended September 8, 1995, effective January 1, 1996, 25 Pa.B. 4095; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7113; amended October 30, 2007, effective immediately, 37 Pa.B. 5976; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended December 23, 2011, effective January 31, 2012, 42 Pa.B. 379, 545; amended July 2, 2014, effective in 30 days on August 1, 2014, 44 Pa.B. 4476; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended December 28, 2018, effective January 1, 2019, 49 Pa.B. 170; amended August 17, 2021, effective January 1, 2022, 51 Pa.B. 5539; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764; amended August 11, 2025, effective January 1, 2026, 55 Pa.B. 5978. Immediately preceding text appears at serial pages (407033) to (407037).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.12 Office Conference. Hearing. Record. Exceptions. Order.

(a) Office Conference. There shall be an office conference as provided by Pa.R.Civ.P. 1910.11(a)—(d). The provisions of Pa.R.Civ.P. 1910.11(d)(3) and (d)(4) regarding income information apply in cases proceeding pursuant to Pa.R.Civ.P. 1910.12.

(b) Conference Conclusion.

(1) At the conclusion of a conference attended by both parties, if an agreement for support has not been reached, and the conference and hearing are not scheduled on the same day, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.Civ.P. 1910.27(e), and the parties shall be given notice of the date, time and place of a hearing. A record hearing shall be conducted by a hearing officer who shall be an attorney.

(2) If either party, having been properly served, fails to attend the conference, the court may enter an interim default order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.Civ.P. 1910.27(e). Within 20 days after the date of receipt or the date of mailing of the interim default order, whichever occurs first, either party may demand a hearing before a hearing officer. If no hearing is requested, the order shall become final.

(3) Any attorney serving as a hearing officer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, or judge of the same judicial district.

(1) Except as provided in subdivision (c)(2), promptly after the conference’s conclusion, a party may move the court for a separate listing of the hearing if:

(i) there are complex questions of law, fact or both;

(ii) the hearing will be protracted; or

(iii) the orderly administration of justice requires that the hearing be listed separately.

(2) When the conference and hearing are scheduled on the same day, all requests for separate listing shall be presented to the court at least seven days prior to the scheduled court date.

(3) If the motion for separate listing is granted, discovery shall be available in accordance with Pa.R.Civ.P. 4001 et seq.

(d) Hearing Officer Report. The hearing officer shall receive evidence, hear argument and, not later than 20 days after the close of the record, file with the court a report containing a recommendation with respect to the entry of an order of support. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order substantially in the form set forth in Rule 1910.27(e) stating:

(1) the amount of support calculated in accordance with the guidelines;

(2) by and for whom it shall be paid; and

(3) the effective date of the order.

(e) Interim Order. The court, without hearing the parties, shall enter an interim order consistent with the proposed order of the hearing officer. Each party shall be provided, either in person at the time of the hearing or by mail, with a copy of the interim order and written notice that any party may, within 20 days after the date of receipt or the date of mailing of the order, whichever occurs first, file with the domestic relations section written exceptions to the report of the hearing officer and interim order.

(f) Exceptions to Report. Within 20 days after the date of receipt or the date of mailing of the report by the hearing officer, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of facts, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within 20 days of the date of service of the original exceptions.

(g) No Exceptions Filed. If no exceptions are filed within the 20-day period, the interim order shall constitute a final order.

(h) Exceptions Filed. If exceptions are filed, the interim order shall continue in effect. The court shall hear argument on the exceptions and enter an appropriate final order substantially in the form set forth in Rule 1910.27(e) within 60 days from the date of the filing of exceptions to the interim order. No motion for post-trial relief may be filed to the final order.

Concerning subdivision (c)(3), the rule relating to discovery in domestic relations matters generally is Pa.R.Civ.P. 1930.5.

Objections to the entry of an interim order consistent with the proposed order may be addressed pursuant to Pa.R.Civ.P. 1910.26.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Language is added to subdivision (b) to acknowledge that the conference and hearing can be held on the same day, and to provide for the immediate entry of an interim order in judicial districts where the hearing occurs at a later date. New subdivision (b)(2) permits entry of a guideline order after a conference which the defendant, though properly served, fails to attend. New subdivision (c)(2) is intended to prevent delays in the hearing of complex cases by requiring that requests for separate listing be made at least seven days in advance where the conference and hearing are scheduled the same day.

In addition, the phrase ‘‘record hearing’’ in subdivision (a) replaces the reference to a ‘‘stenographic record’’ in recognition of the variety of means available to create a reliable record of support proceedings.

Amended subdivision (e) allows an interim order to be entered and served on the parties at the conclusion of the hearing, rather than after the expiration of the exceptions period as was true under the old rule. In addition, the amended subdivision requires that the interim order include language advising the parties of their right to file exceptions within ten days of the date of the order.

Support payments are due and owing under the interim order which continues in effect until the court enters a final order after considering the parties’ exceptions. Therefore, extension of the deadline for entering the final order by fifteen days does not prejudice the persons dependent upon payment of the support.

The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure Commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

The provisions of this Rule 1910.12 adopted April 23, 1981, effective July 22, 1981, 11 Pa.B. 1625; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended March 23, 1987, effective July 1, 1987, 17 Pa.B. 1499; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended September 29, 1989, effective October 15, 1989, 19 Pa.B. 4451; corrected October 27, 1989, effective October 15, 1989, 19 Pa.B. 4603; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended September 28, 1995, effective January 1, 1996, 25 Pa.B. 4095; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended December 23, 2011, effective January 31, 2012, 42 Pa.B. 379, 545; amended July 2, 2014, effective in 30 days on August 1, 2014, 44 Pa.B. 4476; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764; amended August 11, 2025, effective January 1, 2026, 55 Pa.B. 5978. Immediately preceding text appears at serial pages (407037) to (407039).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.13 {Rescinded}.

The provisions of this Rule 1910.13 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; rescinded March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949. Immediately preceding text appears at serial page (177461).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.14 Defendant Leaving Jurisdiction. Security.

At any stage of the proceeding, upon affidavit that the defendant is about to leave the jurisdiction, the court may issue appropriate process directing that the defendant be brought before the court at such time as the court may direct. At that time the court may direct that the defendant give security, with one or more sureties, to appear when directed by the court or to comply with any order of court.

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.15 Paternity.

(a) Acknowledgment of Paternity. If the action seeks support for a child born out of wedlock and the alleged father is named as defendant, the defendant may acknowledge paternity in a verified writing. The conference officer shall advise the parties that pursuant to Section 5103(d) of Title 23 of the Pennsylvania Consolidated Statutes an acknowledgment constitutes conclusive evidence of defendant’s paternity without further judicial ratification in any action to establish support. Upon defendant’s execution of the written acknowledgment, the action shall proceed as in other actions for support.

(b) Genetic Testing. If the defendant appears but does not execute an acknowledgment of paternity at the conference:

(1) The court shall enter an order directing the parties to appear for genetic testing. The order must advise the defendant that his failure to appear for the testing will result in entry of an order finding that he is the father of the child. The order must also advise the plaintiff that her failure to appear for testing may result in sanctions, including entry of an order dismissing the paternity action without prejudice.

(2) The conference officer shall advise and provide written notice to the parties that they may enter into a written stipulation whereby both agree to submit to genetic testing for the purpose of resolving finally the issue of paternity. If the test results indicate a 99% or higher probability of paternity, the defendant shall be stipulated to be the biological father of the child and the case referred for a child support conference. If the test results indicate an exclusion, the action shall be dismissed. The written stipulation constitutes a waiver of the right to a hearing on the genetic testing or trial on the issue of paternity.

(3) The conference officer shall advise and provide written notice to the parties that if they do not enter into a written stipulation and the test results do not indicate an exclusion, there will be a hearing regarding genetic testing or trial before a judge without a jury on the issue of paternity in accordance with the procedures set forth in subdivision (d) of this Rule.

(c) Estoppel and Presumption of Paternity. If either party or the court raises the issue of estoppel or the issue of whether the presumption of paternity is applicable, the court shall dispose promptly of the issue and may stay the order for genetic testing until the issue is resolved.

(d) Post-Testing Procedures.

(1) The results of the genetic tests shall be provided in writing to counsel for the parties or, if unrepresented, to the parties themselves.

(2) If the results of the genetic tests resolve the issue of paternity pursuant to the stipulation of the parties, a paternity order shall be entered and served on the parties. If the defendant is excluded, the action shall be dismissed. If the defendant is stipulated to be the biological father, the action shall proceed as in other actions for support.

(3) If the results of the genetic tests do not resolve the issue of paternity pursuant to the stipulation of the parties, but the test results indicate a 99% or more probability of paternity, the court shall issue a rule against the defendant to show cause why an order should not be entered finding him to be the father. The rule shall advise the defendant that pursuant to 23 Pa.C.S. § 4343 his defense is limited to a showing by clear and convincing evidence that the results of the genetic tests are not reliable. The rule shall direct that an answer be filed within 20 days after service of the rule on the defendant. The answer shall state the material facts which constitute this defense. Any allegation of fact which does not appear of record must be verified.

If an answer is not timely filed, the court shall enter an order finding paternity and refer the action to conference and hearing as in other actions for support. If an answer is filed raising a disputed issue of material fact relating to the reliability of the genetic testing, the case shall be listed promptly for expedited hearing before a judge. The burden of proof at the hearing is on the defendant and is limited to proof by clear and convincing evidence that the results of the genetic tests are not reliable.

(4) If the results of the genetic tests do not resolve the issue of paternity and the test results indicate less than a 99% probability of paternity, the case shall be promptly listed for expedited trial before a judge.

(5) If, after a hearing or trial, the decision is for the defendant on the issue of paternity, a final order shall be entered by the court dismissing the action as to the child. If the decision is against the defendant on the issue of paternity, an interlocutory order shall be entered by the court finding paternity. The court may enter an interim order for child support at that time and shall refer the action to conference and hearing as in other actions for support.

(e) Failure to Appear. If defendant fails to appear as ordered for a conference, hearing or trial, or for genetic tests, the court shall, upon proof of service on the defendant, enter an order establishing paternity. The court may also enter an interim order for child support at that time and shall refer the action to conference and hearing as in other actions for support.

(f) Appeal of Paternity Order. An order establishing paternity is not an appealable order. The issue of paternity may be included in an appeal from the final order of child support.

The provisions of this Rule 1910.15 adopted April 23, 1981, effective July 22, 1981, 11 Pa.B. 1625; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1941 and 1953; amended March 24, 1997, effective July 1, 1997, 27 Pa.B. 1549; amended May 21, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (256279) to (256280).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.16 {Rescinded}.

The provisions of this Rule 1910.16 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended September 29, 1989, effective October 1, 1989, 19 Pa.B. 4450; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1941; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; rescinded December 28, 2018, effective January 1, 2019, 49 Pa.B. 170. Immediately preceding text appears at serial pages (394375) to (394376).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.17 Support Order. Effective Date. Change of Circumstances. Copies of Order. Priority of Distribution of Payments.

(a) An order of support shall be effective from the date of the filing of the complaint or petition for modification unless the order specifies otherwise. In a child support case, if a change in custody occurs after the date of filing, but before a domestic relations conference is held, the trier of fact shall enter a charging order going forward in favor of the primary custodian that shall be effective from the date of the change in custody. The trier of fact also may enter a retroactive arrears order in favor of the party who was the primary custodian at the time of filing. Such an order may address the period from the date of fining to the date of the change in custody. However, a modification of an existing support order may be retroactive to a date preceding the date of filing if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reason and if the petitioner, when no longer precluded, promptly filed a petition.

Example: Mother has primary custody of the children and files for child support. Two months later, Father becomes the primary custodian. One month after the change in custody, a support conference is held. Father will be the obligee on a charging order that is retroactive to the date he became the primary custodian. However, an order also may be entered with Mother as the obligee for the two-month period from the date of filing to the date of the change in custody.

Official Note

The order must direct payment to be made payable to or payment to be made to the State Collection and Disbursement Unit for transmission to the obligee. See 23 Pa.C.S. § 4325.

Subdivision (a) was amended in 2005 to include the statutory provision at 23 Pa.C.S. § 4352(e) that authorizes the court to enter a modified order that is effective to a date prior to the date on which the petition for modification was filed in certain circumstances. To the effect that the holding in Kelleher v. Bush, 832 A.2d 483 (Pa. Super. Ct. 2003), is inconsistent, it is superseded. See 23 Pa.C.S. § 4352(e) for additional provisions.

Every order of support must contain an immediate or conditional order for the attachment of income. See Rule 1910.21.

(b) The order shall notify the obligee and the obligor that each is under a continuing obligation to inform the domestic relations section in writing or by personal appearance and all other parties in writing within seven days of any material change in circumstances relevant to the level of support or the administration of the support order, including, but not limited to, loss or change of income or employment and change of personal address or change of address of any child receiving support. The order shall also notify the parties that if a party willfully fails to inform the domestic relations section of the required information, the court may adjudge the party to be in contempt of court pursuant to Rules 1910.25 through 1910.25-6 and may order the party to be punished by one or more of the following: jail, fine or probation.

(c) A copy of the support order shall be provided to each party to the action and to the party’s attorney, if any, pursuant to Rule 440.

(d) The priorities for distribution of payments and/or collections from the obligor, without regard to the source of the funds or method of collection, are as follows:

(1) monthly current child support.

(2) medical, child care or other court-ordered child support-related expenses.

(3) monthly ordered amount toward child support arrears.

(4) monthly current spousal support or alimony pendente lite.

(5) remaining child support arrears.

(6) monthly ordered amount toward spousal support or alimony pendente lite arrears.

(7) remaining spousal support or alimony pendente lite arrears.

(8) court costs and fees.

Subdivision (d) has been moved from Pa.R.C.P. No. 1910.16-7 and expanded for clarification. It addresses the priority of the distribution of payments and collections in all cases, not just those involving multiple families. However, collections realized through the interception of federal tax returns by the Internal Revenue Service are subject to federal distribution priorities. See 45 CFR § 303.72(h). An unallocated order for child support and spousal support or child support and alimony pendente lite has the same priority as a child support order.

The provisions of this Rule 1910.17 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended November 22, 1994, effective January 1, 1995, 24 Pa.B. 6137; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended May 17, 2005, effective immediately, 35 Pa.B. 3216 and 3900; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended September 25, 2014, effective in 30 days on October 25, 2014, 44 Pa.B. 6553; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960. Immediately preceding text appears at serial pages (390547) to (390548).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.18 Support Order. Subsequent Proceedings. Modification of Spousal Support or Alimony Pendente Lite Orders Entered Before January 1, 2019.

(a) Subsequent support order modification or termination proceedings pursuant to Pa.R.C.P. No. 1910.19 shall be brought in the court that entered the order. If the action has been transferred pursuant to Pa.R.C.P. No. 1910.2 following the entry of a support order, subsequent proceedings shall be brought in the court to which the action was transferred.

(b) Subsequent support order enforcement proceedings pursuant to Pa.R.C.P. No. 1910.20 may be brought in the court that entered the support order or the court to which the order has been transferred.

(c) Subdivision (a) shall not limit the plaintiff’s right to institute additional support proceedings in a county of proper venue.

(d) Unless a modification provides that the Internal Revenue Code, as amended by the Tax Cuts and Jobs Act of 2017 (Pub.L. No. 115-97), expressly applies, an order entered before January 1, 2019 that includes spousal support or alimony pendente lite is governed by the Pa.R.C.P. No. 1910.16-4(a)(2)(Part IV) formula.

Official Note

See Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) or (2)(Part IV), as relevant.

The provisions of this Rule 1910.18 amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended December 28, 2018, effective January 1, 2019, 49 Pa.B. 170. Immediately preceding text appears at serial page (387909).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.19 Support. Modification. Termination. Guidelines as Substantial Change in Circumstances. Overpayments.

(a) Contents. A petition for modification or termination of an existing support order shall specifically aver the material and substantial change in circumstances upon which the petition is based. A new guideline amount resulting from new or revised support guidelines may constitute a material and substantial change in circumstances. The existence of additional income, income sources or assets identified through automated methods or otherwise may also constitute a material and substantial change in circumstances.

(b) Withdrawal of Petition. The procedure upon the petition shall be in accordance with Rule 1910.10 et seq. After a party has filed a petition for modification of a child support order, the petition may not be withdrawn unless both parties consent or with leave of court. A petition for modification of spousal support or alimony pendente lite may be withdrawn without the consent of the other party or leave of court.

(c) Basis for Modification or Termination. Pursuant to a petition for modification, the trier-of-fact may modify or terminate the existing support order in any appropriate manner based on the evidence presented without regard to which party filed the petition for modification. If the trier-of-fact finds that there has been a material and substantial change in circumstances, the order may be increased or decreased based on the parties’ respective monthly net incomes, consistent with the support guidelines, existing law, and Pa.R.Civ.P. 1910.18(d), and the party’s custodial time with the child at the time the modification petition is heard.

(d) Death of Payee Spouse. All charging orders for spousal support and alimony pendente lite shall terminate upon the death of the payee spouse.

(e) Emancipation Inquiry and Notice. Within six months prior to the date a child who is the subject of a child support order reaches 18 years of age, the domestic relations section shall issue an emancipation inquiry and notice to the obligee, with a copy to the obligor, seeking the following information:

(1) confirmation of the child’s date of birth, date of graduation or withdrawal from high school;

(2) whether the child has left the obligee’s household and, if so, the date of departure;

(3) the existence of any agreement between the parties requiring payments for the benefit of the child after the child has reached age 18 or graduated from high school; and

(4) any special needs of the child which may be a basis for continuing support for that child beyond the child’s 18th birthday or graduation from high school, whichever is last to occur.

The notice shall advise the obligee that if the inquiry is not returned within 30 days of mailing or if there is no agreement or the child does not have any special needs, the charging order may be modified or terminated by the court. In order to avoid overpayment, if no other children are subjects of the child support order and the obligee either does not return the emancipation inquiry within 30 days of its mailing or does not assert grounds for continuing support for the child, then the domestic relations section shall administratively terminate the child support charging order without further proceedings on the last to occur of the date the last child reaches age 18 or graduates from high school. Termination of the charging order shall not affect any arrears accrued through the date of termination. The court shall have the authority to enter an order requiring the obligor to pay on arrears in an amount equal to the amount of the charging order until all arrears are paid.

If the order applies to another child or children or the obligee asserts that there is an agreement between the parties or that a child has special needs requiring continued support, then the domestic relations section may schedule a conference prior to the child’s attaining age 18 or graduating from high school to determine if the charging order should be modified.

(f) Court Action. Upon notice to the obligee, with a copy to the obligor, explaining the basis for the proposed modification or termination, the court may modify or terminate a charging order for support and remit any arrears, all without prejudice, if it appears to the court that:

(1) the order is no longer able to be enforced under state law; or

(2) the obligor is unable to pay, has no known income or assets and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future.

The notice shall advise the obligee to contact the domestic relations section within 60 days of the date of the mailing of the notice if the obligee wishes to contest the proposed modification or termination. If the obligee objects, the domestic relations section shall schedule a conference to provide the obligee the opportunity to contest the proposed action. If the obligee does not respond to the notice or object to the proposed action, the court shall have the authority to modify or terminate the order and remit any arrears, without prejudice.

(g) Overpayments.

(1) Order in Effect. If there is an overpayment in an amount in excess of two months of the monthly support obligation and a charging order remains in effect, after notice to the parties as set forth below, the domestic relations section shall reduce the charging order by 20% or an amount sufficient to retire the overpayment by the time the charging order is terminated. The notice shall advise the parties to contact the domestic relations section within 30 days of the date of the mailing of the notice if either or both of them wishes to contest the proposed reduction of the charging order. If either party objects, the domestic relations section shall schedule a conference to provide the objecting party the opportunity to contest the proposed action. If neither party responds to the notice or objects to the proposed action, the domestic relations section shall have the authority to reduce the charging order.

(2) Order Terminated. If there is an overpayment in any amount and there is no charging order in effect, within one year of the termination of the charging order, the former obligor may file a petition with the domestic relations section seeking recovery of the overpayment. A copy shall be served upon the former obligee as original process. The domestic relations section shall schedule a conference on the petition, which shall be conducted consistent with the rules governing support actions. The domestic relations section shall have the authority to enter an order against the former obligee for the amount of the overpayment in a monthly amount to be determined by the trier of fact after consideration of the former obligee’s ability to pay.

(h) Modification of a Support Order with Child Support and Spousal Support or Child Support and Alimony Pendente Lite Entered Before January 1, 2019.

(1) In a subsequent modification proceeding of an order awarding child support and spousal support or child support and alimony pendente lite, as provided in Pa.R.Civ.P. 1910.18(d), the trier-of-fact may on its own motion or upon the motion of a party:

(i) make an unallocated award in favor of the spouse and one or more children; or

(ii) state the support amount allocable to the spouse and to each child.

(2) The trier-of-fact shall clearly state whether the order is allocated or unallocated even if the child support and spousal support or child support and alimony pendente lite amounts are delineated in the order.

(i) If the order is allocated, the Pa.R.Civ.P. 1910-16.4(a)(2) (Part IV) formula determines the spousal support amount.

(A) As the formula assumes an unallocated order, if the order’s allocation utilizing the formula is inequitable, the trier-of-fact may adjust the order, as appropriate.

(B) In making an adjustment, the trier-of-fact shall consider the federal income tax consequences.

(C) If the parties are in higher income brackets, the income tax considerations are likely to be a more significant factor in determining a support amount.

(ii) If the order is unallocated or the order is for spousal support or alimony pendente lite only, the trier-of-fact shall not consider the federal income tax consequences.

(3) A support award for a spouse and children is taxable to the obligee while an award for the children only is not. Consequently, in certain situations, an award only for the children will be more favorable to the obligee than an award to the spouse and children. In this situation, the trier-of-fact should utilize the method that provides the greatest benefit to the obligee.

(4) If the obligee’s monthly net income is equal to or greater than the obligor’s monthly net income, the guideline amount for spouse and children is identical to the guideline amount for children only. Therefore, in cases involving support for spouse and children, whenever the obligee’s monthly net income is equal to or greater than the obligor’s monthly net income, the guideline amount indicated shall be attributed to child support only.

(5) Unallocated child support and spousal support or child support and alimony pendente lite orders shall terminate upon the obligee’s death.

(6) In the event that the obligor is delinquent on an unallocated order, the trier-of-fact shall allocate the order for child support collection pursuant to the Internal Revenue Service income tax refund intercept program or for registration and enforcement of the order in another jurisdiction under the Uniform Interstate Family Support Act, 23 Pa.C.S. § § 7101—7903. The trier-of-fact shall provide the parties with notice of allocation.

(7) An unallocated child support and spousal support or child support and alimony pendente lite order is a final order as to the claims covered in the order.

(8) Motions for post-trial relief cannot be filed to the final order.

Concerning subdivision (c), a party’s monthly net income may be based upon an earning capacity determination pursuant to Pa.R.Civ.P. 1910.16-2(d)(4).

Subdivision (h) incorporates Pa.R.Civ.P 1910.16 (rescinded) and Pa.R.Civ.P. 1910.16-4(f) (rescinded) for subsequent modification proceedings due to the enactment of the Tax Cuts and Jobs Act of 2017 (Pub.L. No. 115-97).

Concerning subdivision (h)(2), see 23 Pa.C.S. § 4348(d) for additional matters required to be specified in a support order if arrearages exist when the order is entered.

Concerning subdivision (h)(6), this provision is necessary to comply with various state and federal laws relating to child support enforcement. It is not intended to affect an unallocated order’s tax consequences.

Concerning subdivision (h)(8), the procedure relating to motions for reconsideration is set forth in Pa.R.Civ.P. 1930.2.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Subdivision (a) sets forth a rule of pleading. It requires the petition for modification or termination to aver ‘‘specifically’’ the reasons for the relief sought. Modification of a prior order requires a ‘‘material and substantial change in circumstances.’’ This change in circumstances should be alleged specifically.

Subdivision (b) requires that a petition for modification or termination follow the same procedure as an original complaint. The Rule recognizes that the domestic relations office conference may serve the same beneficial purposes that it serves in an original proceeding. These benefits, settlement or, if there is no settlement, the assembly of all necessary information will aid the court in the prompt disposition of these petitions.

Existence of Guidelines as Substantial Change in Circumstances. In its opinion in Newman v. Newman, 409 Pa. Super. Ct. 108, 597 A.2d 684 (Pa. Super. 1991), the Superior Court held that enactment of the guidelines does not constitute a substantial change in circumstance which could serve as the basis for modification of a support order. The amended rule allows the trier of fact to consider new or revised rules as a change in circumstances where the change in the guidelines, either by itself or in combination with other factors, is material and substantial.

The Pennsylvania Child Support Enforcement System (‘‘PACSES’’) is electronically linked to a variety of governmental and private agencies and institutions. This linkage enables PACSES to immediately locate and identify an obligor’s income, income sources and assets. Rule 1910.19 is amended to provide that their identification through these automated methods provides a basis for modifying both the current support obligation and the rate of repayment on either past due or overdue support. Identification through means other than PACSES continues to provide the same basis for modification.

While identification of income sources or assets provides a basis for modification, this rule is not intended to prevent a court from ordering that the income or assets be frozen and seized under Rule 1910.26 pending the hearing on the petition for modification. Such relief remains available under Rule 1910.26 governing appropriate interim or special relief. See Rule 1910.1 Explanatory Comment. Nor is this rule intended to affect the court’s ability to seize income or assets under Rule 1910.20 to secure an overdue support obligation.

Although support orders do not terminate automatically, many obligors are unaware of the necessity of filing a petition to terminate a child support order when the child becomes emancipated. As a result, old orders have continued to charge long after the subject child has become an adult. New subdivision (e) is intended to address this problem by giving the obligee notice of a proposed modification or termination of the order and the opportunity to object. If no objection is made, or if the obligee fails to respond with a reason to continue the order, the rule gives the court the authority to terminate or modify the charging order, depending upon whether or not other children are covered under the order.

New subdivision (f) addresses an increasing multiplicity of circumstances in which the continued existence of a court-ordered obligation of support is inconsistent with rules or law. An obligor with no known assets whose sole source of income is Supplemental Security Income or cash assistance cannot be ordered to pay support under Rule 1910.16-2. Likewise, an obligor with no verifiable income or assets whose institutionalization, incarceration or long-term disability precludes the payment of support renders the support order unenforceable and uncollectible, diminishing the perception of the court as a source of redress and relief. Often, the obligor is unable or unaware of the need to file for a modification or termination, or the parties abandon the action. In those circumstances, the courts are charged with managing dockets with no viable outcomes. Both the rules and the federal guidelines for child support under Title IV-D of the Social Security Act provide for circumstances under which a support order shall not be entered or under which a child support case may be closed. Subdivision (f) expands the authority of the courts to respond to case management issues brought about by changes in circumstances of the parties of which the courts become aware through the expansion of automated interfaces and data exchanges.

The provisions of this Rule 1910.19 amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended June 5, 2001, effective immediately, 31 Pa.B. 3306; amended October 11, 2002, effective immediately, 32 Pa.B. 5263; amended May 19, 2006, effective immediately, 36 Pa.B. 2629; amended August 26, 2011, effective November 1, 2011, 41 Pa.B. 4847; amended September 19, 2011, effective October 31, 2011, 41 Pa.B. 5153; amended November 5, 2012, effective December 5, 2012, 42 Pa.B. 7091; amended December 28, 2018, effective January 1, 2019, 49 Pa.B. 170; amended August 11, 2025, effective January 1, 2026, 55 Pa.B. 5978. Immediately preceding text appears at serial pages (407125) to (407129).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.20 Support Order. Enforcement. General.

(a) A support order shall be enforced by income withholding as required by law in the manner provided by Rule 1910.21.

(b) Upon the obligor’s failure to comply with a support order, the order may also be enforced by any one or all of the following remedies:

(1) pursuant to Rule 1910.21, and without further hearing or prior notice to the obligor, increasing the amount of monthly support payments for payment of the overdue support at a rate to be determined by the court; withholding or seizing periodic or lump sum payments of income from a government agency, including unemployment compensation, social security, retirement or disability benefits and any other benefits; withholding or seizing periodic or lump sum payments of income from insurance carriers or privately-insured employers, including workers’ compensation benefits; withholding or seizing judgments or settlements; and withholding or seizing public and private retirement funds in pay status;

(2) pursuant to Rule 1910.22, imposing liens on real property;

(3) pursuant to Rule 1910.23, attaching and seizing assets of the obligor held in financial institutions;

(4) pursuant to Rule 1910.24, reducing and executing a judgment against the obligor;

(5) pursuant to Rules 1910.25 through 1910.25-6, initiating contempt proceedings;

(6) reporting the amount of overdue support to consumer reporting agencies in the manner prescribed by 23 Pa.C.S. § 4303;

(7) when the obligor owes overdue support in an amount of three months or more, suspending occupational, commercial/driver’s and recreational licenses in the manner prescribed by 23 Pa.C.S. § 4355.

These remedies are cumulative and not alternative.

(c) For purposes of this Rule, overdue support remains subject to the remedies set forth in subdivision (b) of this Rule until paid in full. Except as provided in 23 Pa.C.S. § 4355 for suspension of licenses, neither a repayment schedule subsequently agreed to by the parties nor an order of court establishing such a schedule precludes the use of these remedies for collecting overdue support more quickly, whenever feasible.

The provisions of this Rule 1910.20 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended May 31, 2000, effective July 1, 2000, 20 Pa.B. 3155. Immediately preceding text appears at serial page (256281).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.21 Support Order. Enforcement. Withholding of Income.

(a) Immediate Income Withholding. Every order of court shall contain an immediate order for the withholding of income unless (1) there is no overdue support owing under the order and (2) either the court finds there is good cause not to require immediate income withholding or the parties agree in writing to an alternative arrangement.

(b) Initiated Income Withholding. If there is no immediate income withholding pursuant to subdivision (a), and nonpayment of the support order causes overdue support to accrue, the court shall enter an order for the immediate withholding of income.

(c) Order for Withholding. An order for income withholding must include a provision directing that no commutation or compromise and release of worker’s compensation benefits, severance pay or any payment in lieu thereof shall be paid to the defendant until the order for withholding is dissolved by further order of court.

(d) Service on Employer.

(1) The order for income withholding shall be served upon the obligor’s employer. The employer shall pay to the State Collection and Disbursement Unit the full amount set forth in the order and may deduct from the balance due the obligor an amount authorized by law for clerical work and expense involved in complying with the order. Upon termination of the obligor’s employment, the employer shall notify the domestic relations section of the termination, the obligor’s last known address, and the name and address of the obligor’s new employer, if known.

(2) Upon willful failure to obey an order for income withholding, the employer, or an officer or employee of the employer, may be held in contempt and subject to other remedies provided by law.

Offical Note

23 Pa.C.S. § 4348(k)(1) provides that contempt is punishable by jail or fine. 23 Pa.C.S. § 4348(k)(2) provides that the employer is liable for any amount which the employer willfully fails to withhold or for any amount withheld but not forwarded to the domestic relations section. 23 Pa.C.S. § 4348(k)(3) provides that the court may attach funds or property of an employer.

(e) Notice to Obligor. Objections. A notice of entry of an order for income withholding shall be served on the obligor. The obligor may object to the order in writing or by personal appearance before the county domestic relations section within ten days after issuance of the notice. The grounds for an objection are limited to the following mistakes of fact: (i) no overdue support exists under the order or there is a mistake in the amount of overdue support; (ii) there is a mistake in the identity of the obligor; or (iii) the amount being withheld exceeds the maximum amount which may be withheld under the federal Consumer Credit Protection Act, 15 U.S.C. § 1673. If a mistake of fact has occurred, the order shall be modified accordingly.

(f) Income Withholding When Obligor is Delinquent on Support Order.

(1) When an obligor is subject to an order for income withholding and payment is received from the employer within 15 days from the date upon which the obligor’s obligation would be considered overdue (i.e. the date upon which delinquent support is equal to one month’s support obligation), the payment shall be considered timely and any past due support shall not be converted to overdue support or subject to automated enforcement mechanisms.

(2) When nonpayment of the support order by the obligor causes overdue support to accrue, the court may increase the order for income withholding until the overdue support is paid in full. The court may also direct the employer to withhold any periodic or lump sum distributions of income which may be payable to the obligor in addition to regular income until further order of court.

(g) Priority of Income Withholding. If there are multiple support obligations in effect against the income of the obligor, the court shall allocate among the obligees the amount of income available for withholding, giving priority to current child support, child support-related expenses and child support arrears to the limit provided by law and stating the priority of payment to the obligee.

(h) Termination of Order for Income Withholding. An order for income withholding shall continue until dissolved by the court as provided by law.

Official Note

Pursuant to 23 Pa.C.S. § 4348(h), an order for income withholding may be terminated when (1) the support obligation has terminated and the total arrears are paid; (2) the payee cannot be located and it becomes impossible to forward payments; or (3) the result would be unconscionable. The order may also be terminated administratively by the domestic relations section.

New subdivision 1910.21(f)(1) is intended to address circumstances in which an employer timely withholds income from an obligor pursuant to an income withholding order, but a delay occurs in receipt of the funds by the State Collection and Disbursement Unit. In those cases, it would be inappropriate to consider the obligor’s payment as untimely and convert past due support to overdue support because an obligor subject to an income withholding order has no control over the timing of the transmission of the funds from the employer. This new rule addreses solely timing issues by providing a 15-day grace period. It does not apply to obligors who are not subject to an order for income withholding.

The provisions of this Rule 1910.21 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; rescinded March 30, 1994, effective July 1, 1994, 24 Pa.B. 1949; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended August 13, 2008, effective immediately, 38 Pa.B. 4735; amended August 13, 2008, effective October 12, 2008, 35 Pa.B. 4736; amended August 11, 2025, effective January 1, 2026, 55 Pa.B. 5978. Immediately preceding text appears at serial pages (337891) to (337893).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.22 Support Order. Enforcement. Liens Against Real Property.

(a) An overdue support obligation of this or any other state which is on record at the domestic relations section shall constitute a lien of record by operation of law against the obligor’s real property located in Pennsylvania. When the overdue obligation arises in another state, it shall be transmitted to the Department of Public Welfare Central Registry. Upon receipt and verification of the amount owed, the Central Registry shall notify the appropriate domestic relations section which shall enter the amount owed in its records.

(b) A person seeking certification of a lien of record arising from overdue support owed by an obligor shall submit a written request for certification to the domestic relations section. The request must include the obligor’s full name, date of birth and social security number, if known. Within two business days, the domestic relations section shall provide written certification of the amount of overdue support owed as of the date of certification and shall enter the amount and date of certification on the docket.

Official Note

Rule 76 defines ‘‘person’’ as including a corporation, partnership and association as well as a natural person.

(c) The domestic relations section shall provide a copy of the written certification to the parties. Either party may object to the certification in writing or by personal appearance before the domestic relations section. The grounds for an objection are limited to the following: (1) no overdue support exists under the support order or there is a mistake in the certified amount of overdue support; (2) there is a mistake in the identity of the obligor; or (3) the lien cannot attach to the property as a matter of law. Pending a court’s disposition of the objection, the certification shall remain in full force and effect unless stayed by the court for good cause shown.

(d) Payment of the certified amount of overdue support shall constitute a satisfaction thereof and the domestic relations section shall record the amount of payment on the docket.

The provisions of this Rule 1910.22 amended June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended September 26, 1990, effective immediately, 20 Pa.B. 5197; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (256974) and (260381) to (260382).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.23 Support Order. Enforcement. Attachment of Assets Held by Financial Institutions.

(a) Upon identification of an obligor’s assets held by a financial institution, the court shall, upon certification of the overdue support owed by the obligor, enter an immediate order prohibiting the release of those assets until further order of court. The order shall be served on the financial institution in the manner prescribed by Rules 400 through 406 governing service of original process or by registered mail, return receipt requested, or by electronic service upon the request of the financial institution. Service by mail is complete upon the return of the registered mail receipt personally signed by the financial institution or other evidence of service satisfactory to the court. Service of the order on the financial institution shall attach the asset up to the amount of the overdue support until further order of court.

(b) The domestic relations section shall provide written notification of the attachment to the obligor. The obligor and any joint owner of the account who has been notified by the financial institution may object to the attachment in writing or by personal appearance before the domestic relations section within 30 days after issuance of the notice. The grounds for an objection are limited to the following: (1) no overdue support exists under the support order or there is a mistake in the certified amount of overdue support; (2) there is a mistake in the identity of the obligor; or (3) the account is not subject to attachment as a matter of law.

(c) If no objection is made within 30 days after notice was issued, the court shall, upon proof that obligor was properly served with notice of the attachment, enter an order seizing the assets up to the amount of overdue support owed. The order shall be served on the financial institution and a copy of the order provided to both parties.

The provisions of this Rule 1910.23 rescinded April 29, 1991, effective July 1, 1991, 21 Pa.B. 2335; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended January 25, 2013, effective February 24, 2013, 43 Pa.B. 801. Immediately preceding text appears at serial pages (267749) to (267750).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.24 Support Order. Enforcement. Judgment for Arrearages. Petition to Correct Judgment. Execution.

(a) On and after the date it is due, overdue support shall constitute a judgment against the obligor as provided by law. The prothonotary shall enter the judgment of record upon the proper docket and in the judgment index either at the direction of the court or upon praecipe of a party or the domestic relations section. The judgment must be accompanied by a written certification showing that obligor owes overdue support pursuant to an order of court.

(b) A petition to correct the judgment shall be limited to the following grounds: (1) no overdue support exists under the support order or (2) there is a mistake in the amount of overdue support. The petition initially shall be determined before a conference officer or hearing officer in the same manner as anoriginal proceeding for support. Except as provided by order of court, the filing of a petition to correct a judgment shall not stay the proceedings.

Official Note

It is important to note that the petition to strike or open a judgment used in civil practice is not adopted here.

(c) The judgment may be enforced against the obligor’s real or personal property as provided by Rules 3001 through 3011, governing transfer of judgments, and Rules 3101 through 3149, governing enforcement of judgments for the payment of money.

Official Note

See Section 8104 of the Judicial Code, 42 Pa.C.S., § 8104, which imposes a duty upon a judgment creditor who has received satisfaction of a judgment, upon written request and tender of the fee, to enter satisfaction in the office of the clerk of court (the prothonotary) in which the judgment is outstanding.

The provisions of this Rule 1910.24 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (228795).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.25 Enforcement. Support Order. Civil Contempt. Petition. Service. No Answer Required.

(a) Upon failure to comply with an order of support, a petition for civil contempt

(1) may be filed by the obligee at any time, or

(2) shall be filed by the domestic relations section

(i) immediately upon the accrual of arrearages in any amount for fifteen days where it is known at the outset that income cannot be attached; or

(ii) immediately upon learning that an order for income withholding pursuant to Rule 1910.21 has been ineffective, or within twenty days of failure to comply with the order of support, whichever is earlier.

Official Note

Except as provided in 23 Pa.C.S. § 4355 relating to suspension of licenses, an order entered pursuant to a contempt proceeding which establishes a rate of repayment on overdue support does not preclude the use of other remedies under Title 23 or these Rules for collecting overdue support more quickly, whenever feasible.

(b) The petition shall begin with an order of court in substantially the following form:

[CAPTION]

ORDER OF COURT

Legal proceedings have been brought against you alleging that you have disobeyed an order of court for support.

(1) A critical issue in the contempt proceeding is your ability to pay and comply with the terms of the support order. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the court your defenses or objections.

(2) You,

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.26 Support Order. Enforcement. Story of Proceedings. Special Relief.

(a) An action for support or a support order may be stayed only by a special order of court upon a showing of compelling circumstances following notice and hearing or upon agreement of the parties in writing.

(b) At any time after the filing of the complaint, the court may on application issue a preliminary or special injunction, appoint a temporary receiver, order the seizure of property, dispose of seized property or grant other appropriate interim or special relief.

The provisions of this Rule 1910.26 amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (228795) to (228806).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.27 Form of Complaint. Order. Income Statements and Expense Statements. Health Insurance Coverage Information Form. Form of Support Order. Form Petition for Modification. Petition for Recovery of Support Overpayment.

(a) The complaint in an action for support shall be substantially in the following form:

(Caption)COMPLAINT FOR SUPPORT

Plaintiff resides at

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.28 Order for Earnings and Health Insurance Information. Form of Earnings Report. Form of Health Insurance Coverage Information.

(a) The order for earnings and health insurance information shall be in substantially the following form:

(Caption)

ORDER FOR EARNINGS REPORT, HEALTHINSURANCE INFORMATION AND SUBPOENA

TO:

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.29 Evidence in Support Matters.

(a) Record Hearing. Except as provided in this rule, the court shall follow the Pennsylvania Rules of Evidence in a record hearing conducted in an action for support.

(b) Documentary Evidence.

(1) The court shall admit into evidence statements contained in a verified petition, affidavit, document, or a document incorporated by reference that would not be excluded under the hearsay rule if the declarant testified in person, when:

(i) the proponent has provided the other party written notice at least 20 days prior to the hearing of the intention to offer the document into evidence, together with the document to be offered;

(ii) the other party does not object to the document’s admission into evidence; and

(iii) the proponent offers the evidence under oath.

(2) A party objecting pursuant to subdivision (b)(1)(ii) shall serve the proponent with the written objection within 10 days of the date of service of the notice of intention to offer the evidence.

(3) If a party properly objects, the Pennsylvania Rules of Evidence shall apply to determine the document’s admissibility.

(1) Definition. For the purpose of this rule, an ‘‘advanced practice provider’’ shall mean a licensed physician, physician’s assistant, nurse practitioner, psychiatrist, or psychologist.

(2) Conference.

(i) A conference officer may consider a party’s medical condition if:

(A) an advanced practice provider has determined the medical condition affects a party’s ability to earn income;

(B) the party’s advanced practice provider has completed an Advanced Practice Provider’s Statement Form, which shall substantially be the same as subdivision (d); and

(ii) If a party is receiving Social Security disability or Workers’ Compensation benefits, the party shall submit the disability or Workers’ Compensation determination in lieu of the Advanced Practice Provider’s Form.

(3) Record Hearing.

(i) Prior to the record hearing, if a party intends to offer a completed Advanced Practice Provider’s Statement Form into evidence, the party shall serve the completed form on the other party no later than 20 days after the conference.

(ii) The other party may file and serve a written objection to the completed form’s introduction within 10 days of the date of service.

(iii) If a party properly objects, the Pennsylvania Rules of Evidence shall apply to determine the document’s admissibility. If the advanced practice provider is required to testify, the trier-of-fact shall have the discretion to allocate the cost of the advanced practice provider’s testimony between the parties.

(iv) If there is no objection, the trier-of-fact may admit the completed form into evidence without the advanced practice provider’s testimony.

(v) If the record hearing is held sooner than 30 days after the conference, the trier-of-fact may provide appropriate relief, including granting a continuance to the objecting party.

(d) Advanced Practice Provider’s Statement Form. The Advanced Practice Provider’s Statement Form shall be substantially in the following form:

IN THE COURT OF COMMON PLEASOF

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.30 {Rescinded}.

The provisions of this Rule 1910.30 amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; rescinded May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (200369) to (200370).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.31 {Rescinded}.

The provisions of this Rule 1910.31 amended April 23, 1985, effective July 1, 1985, 15 Pa.B. 1726; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; rescinded May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial pages (200370) and (252117).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.49 Acts of Assembly Not Suspended.

The rules governing an action for support shall not be deemed to suspend or affect the following Acts or parts of Acts of Assembly:

(1) Chapter 43 of Title 23 of the Consolidated Statutes, 23 Pa.C.S. § 4301 et seq., relating to support matters generally;

(2) Chapter 45 of Title 23 of the Consolidated Statutes, 23 Pa.C.S. § 4501 et seq., except § 4533, known as the Revised Uniform Reciprocal Enforcement of Support Act (1968);

(3) Section 1 of the Act of June 11, 1913, P.L. 468, 48 P.S. § 133, relating to execution of a support order against real property owned by the entireties;

(4) Sections 1 to 5 of the Act of May 24, 1923, P.L. 446, 48 P.S. § § 137—141, only insofar as the Act authorizes execution against real estate held by the entireties;

(5) The Act of December 19, 1990, P.L. 1240, No. 206, 23 Pa.C.S. § 3507, insofar as it provides for tenancy in common of property held by the entireties after divorce; and

Official Note

See the Divorce Code as to equitable distribution of property in divorce actions.

(6) The Act of December 19, 1990, P.L. 1240, No. 206, 23 Pa.C.S. § 6101, known as the Protection from Abuse Act.

Official Note

The Protection from Abuse Act provides a procedure to obtain a temporary order of support in addition to other relief.

The provisions of this Rule 1910.49 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943. Immediately preceding text appears at serial pages (142514) to (142515).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

231 Pa. Code Rule 1910.50 Suspension of Acts of Assembly.

The following Acts or parts of Acts of Assembly are suspended insofar as they apply to the practice and procedure in an action for support:

(1) Section 3 of the Support Law of June 24, 1937, P.L. 2045, 62 P.S. § 1973, insofar as it provides a procedure to enforce the liability of relatives for the support of an indigent person; and

(2) Section 4 of Act 1996-20, 23 Pa.C.S. § 4342, insofar as it provides that long arm jurisdiction shall be used in preference to proceedings under Part VIII-A relating to intrastate family support actions;

(3) Act Nos. 1997-58 and 1998-127 insofar as they are inconsistent with Rule 1910.20 relating to the availability of remedies for collection of past due and overdue support;

(4) Section 4 of Act 1997-58, 23 Pa.C.S. § 4342(f), insofar as it is inconsistent with Rule 1910.29 as it relates to record hearings in support actions;

(5) Section 4 of Act 1998-127, 23 Pa.C.S. § 4352(d), insofar as it is inconsistent with Rule 1910.22 providing that overdue support on public record at the domestic relations section constitutes a lien of record against all real property within the state of Pennsylvania which is owned by the obligor;

(6) Section 4 of Act 1998-127, 23 Pa.C.S. § 4352(d.1), only insofar as subsection (1) of that provision provided that the underlying support action shall either be pending at the county domestic relations section or shall be forced by the county domestic relations section in order for a lien to arise against real property located in that county; and

(7) All Acts or parts of Acts of Assembly inconsistent with these rules to the extent of such inconsistency.

The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

History

Source: The provisions of this Rule 1910.50 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5326; amended December 18, 1998, effective January 1, 1999, 29 Pa.B. 16; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7522. Immediately preceding text appears at serial pages (324708) to (324709).

Chapter 1915 ACTIONS FOR CUSTODY OF MINOR CHILDREN

231 Pa. Code Rule 1915.1 Scope. Definitions.

(a) These rules govern the practice and procedure in all actions for legal and physical custody of minor children, including habeas corpus proceedings and claims for custody asserted in an action of divorce.

Official Note

The term custody includes shared legal custody, sole legal custody, partial physical custody, primary physical custody, shared physical custody, sole physical custody and supervised physical custody. See 23 Pa.C.S. § 5322(a). Rule 1920.32(a) provides that when a claim for custody is joined with the action of divorce, the practice and procedure governing the claim for custody shall be in accordance with these rules.

(b) As used in this chapter, unless the context of a rule indicates otherwise, the following terms shall have the following meanings:

‘‘action,’’ all proceedings for legal and physical custody and proceedings for modification of prior orders of any court;

‘‘child,’’ an unemancipated individual under 18 years of age;

‘‘conference officer,’’ an individual who presides over an office conference pursuant to Pa.R.C.P. No. 1915.4-2(a) or the initial non-record proceeding under Pa.R.C.P. No. 1915.4-3(a). For purposes of these rules, a conciliator is synonymous with a conference officer;

‘‘custody,’’ the legal right to keep, control, guard, care for, and preserve a child and includes the terms ‘‘legal custody,’’ ‘‘physical custody,’’ and ‘‘shared custody;’’

‘‘hearing officer,’’ a lawyer who conducts a record hearing on partial custody cases pursuant to Pa.R.C.P. No. 1915.4-2(b);

‘‘home county,’’ the county in which the child lived with either or both parents, a person acting as a parent, or in an institution for at least six consecutive months immediately preceding the filing of the action, and in the case of a child less than six months old, the county in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child from the physical custody of the parent, institution, or person acting as parent shall not affect the six-month or other period;

‘‘in loco parentis,’’ a person who puts himself or herself in the situation of a lawful parent by assuming the obligations incident to the parental relationship without going through the formality of a legal adoption. The status of in loco parentis embodies two ideas: (1) the assumption of a parental status; and (2) the discharge of parental duties;

Official Note

See A.S. v. I.S., 130 A.3d 763, 766 n.3 (Pa. 2015).

‘‘legal custody,’’ the right to make major decisions on behalf of the child, including, but not limited to, medical, religious, and educational decisions;

‘‘mediator,’’ an individual qualified under Pa.R.C.P. No. 1940.4 and who assists custody litigants independently from the procedures set forth in Pa.R.C.P. Nos. 1915.1—1915.25 by engaging the litigants in the alternative dispute principles in Pa.R.C.P. No. 1940.2 to resolve custody matters in whole or in part;

‘‘mediation,’’ the confidential process by which a neutral mediator assists the parties in attempting to reach a mutually acceptable agreement on issues arising in a custody action. Mediation is not a court proceeding; rather, it is an independent, non-record proceeding in lieu of court involvement for the purpose of assisting the parties to address the child’s best interest. An agreement reached by the parties must be based on the voluntary decisions of the parties and not the decision of the mediator. The agreement may resolve all or only some of the disputed issues. The parties are required to mediate in good faith, but are not compelled to reach an agreement. While mediation is an alternative means of conflict resolution, it is not a substitute for the benefit of legal advice. The participants in mediation shall be limited to the parties to the custody action, primarily the child’s parents and persons acting as parents. Except as provided in Pa.R.C.P. No. 1940.5(c), non-parties, including children, grandparents, and the parties’ attorneys, shall not participate in the mediation.

‘‘non-record proceeding,’’ the initial office conference set forth in Pa.R.C.P. No. 1915.4-3. Mediation, as outlined in Pa.R.C.P. No. 1940.1—1940.9, shall not be construed as a non-record proceeding;

‘‘partial physical custody,’’ the right to assume physical custody of the child for less than a majority of the time;

‘‘person acting as a parent,’’ a person other than a parent, including an institution, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody. See also the definition of in loco parentis;

‘‘physical custody,’’ the actual physical possession and control of a child;

‘‘primary physical custody,’’ the right to assume physical custody of the child for the majority of time;

‘‘relocation,’’ a change in a residence of the child that significantly impairs the ability of a non-relocating party to exercise custodial rights;

‘‘shared legal custody,’’ the right of more than one individual to legal custody of the child;

‘‘shared physical custody,’’ the right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child;

‘‘sole legal custody,’’ the right of one individual to exclusive legal custody of the child;

‘‘sole physical custody,’’ the right of one individual to exclusive physical custody of the child; and

‘‘supervised physical custody,’’ custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights.

Official Note

The term ‘‘supervised visitation’’ in the prior statute has been replaced by the term ‘‘supervised physical custody.’’

Official Note

The definitions of the terms of the various forms of legal custody and physical custody are taken from 23 Pa.C.S. § 5322(a).

For additional definitions, see the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. § 5402.

The provisions of this Rule 1915.1 amended November 8, 1982, effective January 1, 1983, 12 Pa.B. 4040; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5323; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended November 19, 2008, effective immediately, 38 Pa.B. 6595; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended February 8, 2018, effective April 1, 2018, 48 Pa.B. 1095. Immediately preceding text appears at serial pages (381079) to (381080) and (390109).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.2 Venue.

(a) An action may be brought in any county

(1) (i) which is the home county of the child at the time of commencement of the proceeding, or

(ii) which had been the child’s home county within six months before commencement of the proceeding and the child is absent from the county but a parent or person acting as parent continues to live in the county; or

(2) when the court of another county does not have venue under subdivision (1), and the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with the county other than mere physical presence and there is available within the county substantial evidence concerning the child’s protection, training and personal relationships; or

(3) when all counties in which venue is proper pursuant to subdivisions (1) and (2) have found that the court before which the action is pending is the more appropriate forum to determine the custody of the child; or

(4) when it appears that venue would not be proper in any other county under prerequisites substantially in accordance with paragraph (1), (2) or (3); or

(5) when the child is present in the county and has been abandoned or it is necessary in an emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse.

(b) Physical presence of the child or a party, while desirable, is not necessary or sufficient to make a child custody determination except as provided in subdivision (a)(5) above.

(c) The court at any time may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought if it determines that it is an inconvenient forum under the circumstances and the court of another county is the more appropriate forum. It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county to which the action is transferred certified copies of the docket entries, process, pleadings and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case.

Official Note

Under the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. § 5401 et seq., the court may decline to exercise its jurisdiction in a particular action despite the action having been brought in a county of proper venue. Section 5426 of the act, relating to simultaneous proceedings in other courts, provides for the mandatory refusal by the court to exercise its jurisdiction in an action. Section 5427 of the act, relating to inconvenient forum, and § 5428 of the act, relating to jurisdiction declined by reason of conduct, provide for the discretionary refusal by the court to exercise its jurisdiction.

Subdivision (a) of Rule 1915.2 incorporates the categories of jurisdiction for initial custody determinations and temporary emergency proceedings in the Uniform Child Custody Jurisdiction and Enforcement Act at 23 Pa.C.S.A. § § 5421 and 5424 as the venue provisions for these rules, restating them in rule form without change in substance. Subdivision (a) follows the policy of § 5471 of the Uniform Child Custody Jurisdiction and Enforcement Act, which provides that the provisions of the act ‘‘allocating jurisdiction and functions between and among courts of different states shall also allocate jurisdiction and functions between and among courts of common pleas of this Commonwealth.’’

Subdivision (b), relating to the effect of the physical presence of the child or a party within a county, follows § 5421(c) without substantial change.

Subdivision (c) follows the inconvenient forum provisions of 23 Pa.C.S.A. § 5427.

The provisions of this Rule 1915.2 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended November 19, 2008, effective immediately, 38 Pa.B. 6596. Immediately preceding text appears at serial pages (285551) to (285552).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.3 Commencement of Action. Complaint. Order.

(a) Except as provided in subdivision (c), the plaintiff shall commence a custody action by filing a verified complaint substantially in the form provided by Pa.R.C.P. No. 1915.15(a).

Official Note

(b) An order shall be attached to the complaint or petition for modification directing the defendant to appear at a time and place specified. The order shall be substantially in the form provided by Pa.R.C.P. No. 1915.15(c).

Official Note

See Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. § 5430(d), relating to costs and expenses for appearance of parties and child, and 23 Pa.C.S. § 5471, relating to intrastate application of the Uniform Child Custody Jurisdiction and Enforcement Act.

(c) A custody claim that is joined with a divorce action shall be asserted in the divorce complaint or a subsequent petition, which shall be substantially in the form provided by Pa.R.C.P. No. 1915.15(a).

Official Note

See Pa.R.C.P. No. 1920.13(b) (claims that are joined in a divorce action shall be raised in a complaint or a subsequent petition).

(d) If the child’s mother is not married and the child has no legal or presumptive father, a putative father initiating a custody action shall file a paternity claim pursuant to 23 Pa.C.S. § 5103 and attach a copy to the custody complaint.

Official Note

If a putative father is uncertain of paternity, the correct procedure is to commence a civil action for paternity pursuant to the procedures set forth at Pa.R.C.P. No. 1930.6.

(e) Pleading Facts Establishing Standing.

(1) An individual seeking physical or legal custody of a child, who is in loco parentis to the child, shall plead facts establishing standing under 23 Pa.C.S. § 5324(2) in Paragraph 9(a) of the complaint in Pa.R.C.P. No. 1915.15(a).

(2) A grandparent seeking physical or legal custody of a grandchild, who is not in loco parentis to the child, shall plead facts establishing standing under 23 Pa.C.S. § 5324(3) in Paragraph 9(b) of the complaint in Pa.R.C.P. No. 1915.15(a).

(3) An individual seeking physical or legal custody of a child, who is not in loco parentis to the child, shall plead facts establishing standing under 23 Pa.C.S. § 5324(4) and (5) in Paragraph 9(c) of the complaint in Pa.R.C.P. No. 1915.15(a).

(4) A grandparent or great-grandparent seeking partial physical custody or supervised physical custody of a grandchild or great-grandchild shall plead facts establishing standing under 23 Pa.C.S. § 5325 in Paragraph 9(d) of the complaint in Pa.R.C.P. No. 1915.15(a).

(f) An unemancipated minor parent may commence, maintain, or defend a custody action of the minor parent’s child without the requirement of the appointment of a guardian for the minor parent.

Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a new class of third-party standing for individuals seeking custody of a child whose parents do not have care and control of the child. The individual seeking custody may or may not be related to the child. Subject to Section 5324(5), the newly added standing provision requires that: (1) the individual has assumed or is willing to assume responsibility for the child; (2) the individual has a sustained, substantial, and sincere interest in the child’s welfare; and (3) the child’s parents do not have care and control of the child. A plaintiff proceeding under Section 5324(4) shall satisfy the requirements of that provision by clear and convincing evidence. Additionally, if a juvenile dependency proceeding has been initiated, or is ongoing, or there is an order for permanent legal custody, Section 5324(5) provides that an individual cannot assert standing under Section 5324(4).

Consistent with the Act 21 of 2018 statutory changes, subdivision (e) has been revised to include a third party seeking custody of a child under 23 Pa.C.S. § 5324(4). The subdivision has been reorganized to sequentially follow the statutory provisions in 23 Pa.C.S. § § 5324(2)—(4) and 5325. Similarly, the Complaint for Custody Paragraph 9 in Pa.R.C.P. No. 1915.15(a) has been reorganized to sequentially follow the statutory provisions and rules sequence, as well. See Pa.R.C.P. No. 1915.15(a).

The provisions of this Rule 1915.3 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended October 30, 2001, effective immediately, 31 Pa.B. 6273; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended July 20, 2015, effective September 1, 2015, 45 Pa.B. 4158; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended July 27, 2020, effective October 1, 2020, 50 Pa.B. 4019. Immediately preceding text appears at serial pages (392629) to (392630).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.4 Prompt Disposition of Custody Cases.

(a) Initial Contact With the Court. Depending upon the procedure in the judicial district, the parties’ initial in-person contact with the court (including, but not limited to a conference with a conference officer pursuant to Rule 1915.4-2, a conference with a judge, conciliation, mediation and/or class/seminar) shall be scheduled to occur not later than 45 days from the filing of a complaint or petition.

(b) Listing Trials Before the Court. Depending upon the procedure in the judicial district, within 180 days of the filing of the complaint either the court shall automatically enter an order scheduling a trial before a judge or a party shall file a praecipe, motion or request for trial, except as otherwise provided in this subdivision. If it is not the practice of the court to automatically schedule trials and neither party files a praecipe, motion or request for trial within 180 days of filing of the pleading, the court shall, sua sponte or on motion of a party, dismiss the matter unless a party has been granted an extension for good cause shown, or the court finds that dismissal is not in the best interests of the child. The extension shall not exceed 60 days beyond the 180 day limit. A further reasonable extension may be granted by the court upon agreement of the parties or when the court finds, on the record, compelling circumstances for a further reasonable extension. If an extension is granted and, thereafter, neither party files a praecipe, motion or request for trial within the time period allowed by the extension, the court shall, sua sponte or on the motion of a party, dismiss the matter unless the court finds that dismissal is not in the best interests of the child. A motion to dismiss, pursuant to this rule, shall be filed and served upon the opposing party. The opposing party shall have 20 days from the date of service to file an objection. If no objection is filed, the court shall dismiss the case. Prior to a sua sponte dismissal, the court shall notify the parties of an intent to dismiss the case unless an objection is filed within 20 days of the date of the notice.

(c) Trial. Trials before a judge shall commence within 90 days of the date the scheduling order is entered. Trials and hearings shall be scheduled to be heard on consecutive days whenever possible but, if not on consecutive days, then the trial or hearing shall be concluded not later than 45 days from commencement.

(d) Prompt Decisions. The judge’s decision shall be entered and filed within 15 days of the date upon which the trial is concluded unless, within that time, the court extends the date for such decision by order entered of record showing good cause for the extension. In no event shall an extension delay the entry of the court’s decision more than 45 days after the conclusion of trial.

(e) Emergency or Special Relief. Nothing in this rule shall preclude a party from seeking, nor a court from ordering, emergency or interim special relief at any time after the commencement of the action.

Official Note

For service of original process in custody, partial custody and visitation matters, see Rule 1930.4.

Rescinded June 20, 1985, effective Jan 1, 1986. Note amended Oct. 2, 1995, effective Jan.1, 1996. Replaced by new rule.

A new rule requiring prompt custody trials was recommended by a special committee established by the Pennsylvania Superior Court. That committee concluded that the interests of children who are the subjects of custody litigation would best be served by a requirement that the litigation be concluded within specific time frames.

The provisions of this Rule 1915.4 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended October 2, 1995, effective January 1, 1996, 25 Pa.B. 4518; amended November 30, 2000, effective March 1, 2001, 30 Pa.B. 6423; amended July 8, 2010, effective September 6, 2010,40 Pa.B. 4140; amended June 25, 2013, effective in 30 days on July 25, 2013, 43 Pa.B. 3936. Immediately preceding text appears at serial pages (351631) to (351632).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.5 Question of Jurisdiction, Venue, or Standing. Counterclaim. Discovery. No Responsive Pleading by Defendant Required.

(a) Question of Jurisdiction, Venue, or Standing.

(1) A party shall raise jurisdiction of the person or venue by preliminary objection.

(2) A party may raise standing by preliminary objection or at a custody hearing or trial.

(3) The court may raise standing sua sponte.

(4) In a third-party plaintiff custody action in which standing has not been resolved by preliminary objection, the court shall address the third-party plaintiff’s standing and include its standing decision in a written opinion or order.

Official Note

The court may raise at any time a question of (1) jurisdiction over the subject matter of the action or (2) the exercise of its jurisdiction pursuant to Section 5426 of the Uniform Child Custody Jurisdiction and Enforcement Act, relating to simultaneous proceedings in other courts, Section 5427, relating to inconvenient forum, and Section 5428, relating to jurisdiction declined by reason of conduct. The Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. § 5407, provides that, upon request of a party, an action in which a question of the existence or exercise of jurisdiction is raised shall be given calendar priority and handled expeditiously.

(b) A party may file a counterclaim asserting the right of physical or legal custody within 20 days of service of the complaint upon that party or at the time of hearing, whichever first occurs. The claim shall be in the same form as a complaint as required by Pa.R.C.P. No. 1915.3.

Official Note

The rule relating to discovery in domestic relations matters generally is Pa.R.C.P. No. 1930.5.

(d) Except as set forth in subdivisions (a) and (b), a responsive pleading shall not be required. If a party files a responsive pleading, it shall not delay a hearing or trial.

Under subdivision (a), the defendant may but is not required to plead to the complaint. All averments may be disputed by the defendant at the custody hearing. An attorney who wished to file another pleading may do so. However, the action is not to be delayed to permit its filing.

Act of May 4, 2018, P.L. 112, No. 21, amended 23 Pa.C.S. § 5324 by adding a new class of third-party standing for individuals seeking custody of a child whose parents do not have care and control of the child. Subject to the limitations in 23 Pa.C.S. § 5324(5), the newly added standing provision requires that: (1) the individual has assumed or is willing to assume responsibility for the child; (2) the individual has a sustained, substantial, and sincere interest in the child’s welfare; and (3) the child’s parents do not have care and control of the child. A plaintiff proceeding under Section 5324(4) shall satisfy the requirements of that provision by clear and convincing evidence.

Typically, when a third party is seeking custody of a child, the child’s parents can raise the issue of the third party’s standing to pursue custody. However, Section 5324(4) permits a party to seek custody of a child only when the child’s parents do not have care and control of the child. If the parents’ lack of care and control also results in their non-participation in the custody litigation, the third party’s standing may go unchallenged. Subdivision (a) has been amended by including two new subdivisions to address this circumstance. Subdivision (a)(3) permits the court to raise standing sua sponte and, if third-party standing is not resolved by preliminary objection, the court shall address the standing issue in its written opinion or order as required by subdivision (a)(4).

The provisions of this Rule 1915.5 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended November 19, 2008, effective immediately, 38 Pa.B. 6596; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended July 7, 2014, effective in 30 days on August 6, 2014, 44 Pa.B. 4477; amended July 27, 2020, effective October 1, 2020, 50 Pa.B. 4019. Immediately preceding text appears at serial page (392632).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.6 Joinder of Parties.

(a)(1) If the court learns from the pleadings or any other source that a parent whose parental rights have not been previously terminated or a person who has physical custody of the child is not a party to the action, it shall order that the person be joined as a party. Such person shall be served with a copy of all prior pleadings and notice of the joinder substantially in the form prescribed by Rule 1915.16(a).

(2) The person joined must file any objection to the order of joinder within twenty days after notice of the order.

(3) The person joined may file a counterclaim asserting a right to physical or legal custody in the form required for a complaint by Rule 1915.3. A copy of the counterclaim shall be served upon all other parties to the action as provided by Rule 440.

(b) If the court learns from the pleadings or any other source that any other person who claims to have custodial rights with respect to the child is not a party to the action, it shall order that notice be given to that person of the pendency of the action and of the right to intervene therein. The notice shall be substantially in the form prescribed by Rule 1915.16(b).

The position taken by the rules is that a person in physical custody of the child and a parent whose parental rights have not been terminated are necessary parties to a custody determination. While it may be desirable to have other persons who claim custody rights as parties to the action, their joinder is not a prerequisite to a custody determination.

The provisions of this Rule 1915.6 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended November 19, 2008, effective immediately, 38 Pa.B. 6598; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702. Immediately preceding text appears at serial page (352461).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.7 Consent Order.

If the parties have an agreement regarding custody and request that the court enter a consent order incorporating the agreement’s terms:

(a) the parties shall submit to the court a proposed custody order bearing the parties’ written consent; or

(b) the parties may state the agreement on the record, provided that:

(1) within ten days of placing the agreement on the record, the parties comply with subdivision (a); or

(2) the court memorializes the oral agreement from the record into a written custody order.

Official Note

See Pa.R.C.P. No. 1915.10(b) regarding written custody order requirements.

The rule has been amended to ensure that when a custody agreement is orally placed on the record that a written custody order prepared by the parties memorializing the parties’ agreement is timely submitted to the court or the court memorializes the oral agreement into a written custody order. The amendment avoids the untenable circumstance that the only written record of the parties’ oral agreement is a transcription of what had been placed on the record. Transcription agreements are often cumbersome and difficult to discern as to the custody terms and provisions, which makes enforcement difficult. This amendment is consistent with the holding in R.L.P. v. R.F.M., 110 A.3d 201 (Pa. Super. 2015).

The provisions of this Rule 1915.7 amended November 8, 1982, effective January 1, 1983, 12 Pa.B. 4040; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48Pa.B. 3520; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3058. Immediately preceding text appears at serial page (392633).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.8 Physical and Mental Examination of Persons.

(a) The court may order the child(ren) and/or any party to submit to and fully participate in an evaluation by an appropriate expert or experts. The order, which shall be substantially in the form set forth in Rule 1915.18, may be made upon the court’s own motion, upon the motion of a party with reasonable notice to the person to be examined, or by agreement of the parties. The order shall specify the place, manner, conditions and scope of the examination and the person or persons by whom it shall be made and to whom distributed. In entering an order directing an evaluation pursuant to this rule, the court shall consider all appropriate factors including the following, if applicable:

(1) the allocation of the costs, including insurance coverage, if any, attendant to the undertaking of the evaluation and preparation of the resultant report and court testimony of any appointed expert;

(2) the execution of appropriate authorizations and/or consents to facilitate the examination;

(3) any deadlines imposed regarding the completion of the examination and payment of costs;

(4) the production of any report and of underlying data to counsel and/or any unrepresented party upon the completion of the examination; and

(5) any additional safeguards that are deemed appropriate as a result of the alleged presence of domestic violence and/or child abuse.

(b) Unless otherwise directed by the court, the expert shall deliver to the court, to the attorneys of record for the parties, to any unrepresented party, and to the guardian ad litem and/or counsel for the child, if any, copies of any reports arising from the evaluation setting out the findings, results of all tests made, diagnosis and conclusions. No reports shall be filed of record or considered evidence unless and until admitted by the court. Any report which is prepared at the request of a party, with or without a court order, and which a party intends to introduce at trial, must be delivered to the court and the other party at least thirty days before trial. If the report or any information from the evaluator is provided to the court, the evaluator shall be subject to cross-examination by all counsel and any unrepresented party without regard to who obtains or pays for the evaluation.

(c) If a party refuses to obey an order of court made under subdivision (a) of this rule, the court may make an order refusing to allow the disobedient party to support or oppose designated claims or defenses, prohibiting the party from introducing in evidence designated documents, things or testimony, prohibiting the party from introducing evidence of physical or mental condition, or making such other order as is just. The willful failure or refusal of a party to comply with an order entered pursuant to this rule may also give rise to a finding of contempt and the imposition of such sanctions as may be deemed appropriate by the court, including, but not limited to, an adverse inference against the non-complying party.

(d) A petition for contempt alleging failure to comply with an order entered pursuant to subdivision (a) of this rule shall be treated in an expedited manner.

This rule addresses the process for any number of expert evaluations a court may order in a custody case, including, but not limited to, physical, mental health, custody and/or drug and alcohol evaluations, and/or home studies. Since the initial promulgation of this rule in 1981, the frequency of utilizing professionals as expert witnesses in child custody litigation has increased considerably. In appropriate cases, evaluations have served as a means to provide the court with a full and complete record and to facilitate settlement of the litigation.

The proposed revisions to Rule 1915.8 are intended to afford the trial court and the parties a more flexible and case-sensitive means of determining the scope and parameters of a physical and/or mental examination, including deadlines, costs, underlying data, and access. In many instances, the previous sixty-day deadline was impractical and ignored. While some cases demanded that the evaluation be completed in less than 60 days, others demanded far more time than that. The revisions to this rule also specifically permit the trial court to draw an adverse inference from one party’s failure to comply with an order pursuant to this rule.

The provisions of this Rule 1915.8 amended May 16, 1994, effective July 1, 1994, 24 Pa.B. 2882; amended May 23, 2007, effective August 1, 2007, 37 Pa.B. 2602; amended August 2, 2010, effective immediately, 40 Pa.B. 4634. Immediately preceding text appears at serial pages (340200) to (340201).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.9 No Default Judgment.

No judgment may be entered by default or on the pleadings.

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.10 Decision. Order.

(a) Decision.

(1) The court may decide custody before the testimony has been transcribed.

(2) The court shall state the reasons for its decision:

(i) on the record in open court; or

(ii) in a written opinion or order.

(b) Order. The court shall enter a custody order as a separate written order or in a written opinion as a separate section.

(1) The court’s order shall sufficiently state specific terms to enforce the order.

(2) If the court finds a history of abuse of the child or a household member by a party, or a present risk of harm to the child or an abused party, the court’s order shall include:

(i) safety provisions for the protection of the endangered party or the child;

(ii) the reason for imposing the safety provisions and why they are in the best interest of the child or abused party; and

(iii) if past abuse was committed by a party, why unsupervised physical custody is in the best interest of the child.

(3) The court may order that the case caption use the parties’ initials rather than the parties’ names based on the sensitive nature of the facts in the case record and the child’s best interest.

(4) When drafting a written opinion or order in an action having the parties’ initials in the case caption, the court shall:

(i) avoid using specific identifiers for people, places, or things that may indirectly reveal the child’s identity; and

(ii) use generalized identifiers when describing a child’s school, activities, affiliated organizations, or other similar terms.

(1) 23 Pa.C.S. § 5337, regarding a party’s intention to relocate with a minor child; and

(2) Pa.R.Civ.P. 1915.3-2(a)(4), regarding a party’s ongoing obligation to complete, serve, and file, if required, the Criminal Record/Abuse History Verification form.

(d) No Post-Trial Relief. A party shall not file a motion for post-trial relief to an order of legal or physical custody.

See 23 Pa.C.S. § 5323(d) (requiring the court to delineate the reasons for its decision on the record in open court or in a written opinion or order).

See Pa.R.Civ.P. 1930.1(a)(2) (permitting the court to order that the case caption contain the parties’ initials rather than their names in custody actions).

See 23 Pa.C.S. § 5323(c) (requiring that an order include notice of a party’s obligations under § 5337, relating to relocation) and Pa.R.Civ.P. 1915.17 (outlining the requirements for the proposed relocation of a child’s residence).

Subdivision (b) sets forth requirements of 23 Pa.C.S. § 5323(e)(1). Examples of safety provisions include, but are not limited to, professional supervised physical custody, a supervised or neutral custody exchange location, a neutral third-party present at custody exchanges, telephone or computer-facilitated contact with the child, no direct contact between the parties, third-party contact for cancellations, third-party transportation, and designating a secure, neutral location as repository for a child’s passport. A party may seek review by petition of the risk of harm and need for continued supervision pursuant to 23 Pa.C.S. § 5323(e)(2). For a presumption of supervised physical custody and safety provisions, see 23 Pa.C.S. § 5323(e.1).

Additionally, subdivision (b) requires a court to enter a custody order as a separate written order or in a separate section of a written opinion. The subdivision also addresses the practice of orally entering a custody order on the record without formalizing the custody order in writing. In such circumstances, the parties’ only documentation of the custody order is a transcription of the oral record. In R.L.P. v. R.F.M., 110 A.3d 201 (Pa. Super. 2015), the Superior Court held that ‘‘in order to be sufficiently specific to be enforced, an order of custody must be entered as a separate written order, or as a separate section of a written opinion.’’ Id. at 206. Despite the Superior Court’s decision, the practice of placing custody orders on the record without subsequently entering a written order has continued, which has been problematic for enforcement and understanding of the agreement’s or order’s terms.

Pursuant to subdivision (b)(2), the court may initialize a custody action’s case caption if the child’s privacy may be compromised by the sensitive nature of the facts in the case record. If the court determines that the case caption should be initialized, additional privacy safeguards are required under subdivision (b)(3).

Subdivision (b)(3) recognizes that inadvertent disclosure of the child’s identity and privacy may occur if the written custody order or opinion provides specific details of the child’s life, i.e., school, extracurricular activities. Subdivision (b)(3) requires that the court refrain from using specific identifiers; instead, the court should use general terms, e.g., ‘‘high school,’’ not ‘‘John F. Kennedy High School.’’ In circumstances in which name specificity is required, such as school choice, the court should consider a separate order for that issue.

Under no circumstance does a party’s filing of an updated Criminal Record/Abuse History Verification form impose a duty on the court to review, respond, or react to a newly revealed criminal record or abuse history unless a party petitions the court for relief.

The following commentary related to Pa.R.Civ.P. 1915.10 is historical in nature and represents statements of the Committee at the time of rulemaking:

Subdivision (b) further defines and reinforces the requirements in 23 Pa.C.S. § 5323(e). Examples of safety provisions include, but are not limited to, supervised physical custody, a supervised or neutral custody exchange location, a neutral third-party present at custody exchanges, telephone or computer-facilitated contact with the child, no direct contact between the parties, third-party contact for cancellations, third-party transportation, and designating a secure, neutral location as repository for a child’s passport.

Subdivision (b)(3) allows the court discretion to initialize a custody action’s case caption when the child’s privacy may be compromised by the sensitive nature of the facts in the case record. When the court determines that the case caption should be initialized, additional privacy safeguards are required under subdivision (b)(4).

Subdivision (b)(4) recognizes that inadvertent disclosure of the child’s identity and privacy may occur if the written custody order or opinion provides specific details of the child’s life (i.e., school, extracurricular activities). Subdivision (b)(4) requires that the court refrain from using specific identifiers; instead, the court should use general terms (i.e., high school, not John F. Kennedy High School). In circumstances in which name specificity is required, such as school choice, the court should consider a separate order for that issue.

The provisions of this Rule 1915.10 amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5323; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3058; amended October 22, 2020, effective January 1, 2021, 50 Pa.B. 6199; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial pages (408801) to (408802).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.11 Appointing Child’s Attorney. Child Interview. Child Attending Proceedings.

(a) Appointing Child’s Attorney.

(1) Upon its own motion or a party’s motion, the court may appoint an attorney to represent a child who is the subject of the action.

(2) The court’s order appointing the child’s attorney, as provided in Pa.R.Civ.P. 1915.19, may apportion to the parties the reasonable cost of the child’s attorney.

(3) The child’s attorney:

(i) shall represent the child’s legal interest;

(ii) shall zealously represent the child as any other client in an attorney-client relationship; and

(iii) shall not act as the child’s guardian ad litem or best interest attorney as provided in Pa.R.Civ.P. 1915.11-2.

(b) Child Interview.

(1) The court may interview a child in open court or in chambers.

(2) If the court interviews the child, the court shall conduct the child’s interview on the record.

(3) If permitted by the court, a party’s attorney or a party may observe the interview.

(4) As part of the interview process, the court shall permit either:

(i) the parties’ attorneys to question the child under the court’s supervision, provided that all parties are represented by an attorney; or

(ii) a party’s attorney or a self-represented party to submit to the court written questions, which the court may include in its interview.

(c) Child Attending Proceedings. Unless ordered by the court or otherwise compelled to testify on the record, a child’s attendance at a conference, hearing, or trial is not required.

Pa.R.Civ.P. 1915.15(c) provides a form of order to appear at a conference or hearing in a custody action.

However, the presence of a child in court is not always necessary or desirable. The experience may be traumatic and disruptive. Consequently, the child should not be required to attend a hearing or conference in every case. When the presence of a child is required and the custodial party does not voluntarily bring the child, the court may issue an order for the child’s attendance.

Subdivision (c) has been added to Pa.R.Civ.P. 1915.11 to provide that, in the absence of an order of court, a child who is the subject of the action need not be brought to a conference or a hearing before the court. The form of order to appear provided by Pa.R.Civ.P. 1915.15(c) has been revised to implement this policy.

Although the rule states that a child is not required to attend a conference, hearing, or trial, the terminology used by a judicial district may vary for these court proceedings. The rule’s intent is to limit the child’s participation to only those proceedings in which the child will actively participate as a witness or in the court’s interview.

The provisions of this Rule 1915.11 amended April 29, 1991, effective July 1, 1991, 21 Pa.B. 2337; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended May 18, 2016, effective July 1, 2016, 46 Pa.B. 2854; amended January 20, 2022, effective April 1, 2022, 52 Pa.B. 826. Immediately preceding text appears at serial pages (403250) to (403251).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.12 Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order.

(a) A petition for civil contempt shall begin with a notice and order to appear in substantially the following form:

Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.13 Special Relief.

At any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include, but is not limited to, the award of temporary legal or physical custody; the issuance of appropriate process directing that a child or a party or person having physical custody of a child be brought before the court; and a direction that a person post security to appear with the child when directed by the court or to comply with any order of the court.

Official Note

This rule supplies relief formerly available by habeas corpus for production of the child.

Rule 1915.13 contains a broad provision empowering the court to provide special relief where appropriate. In a custody proceeding, such special relief might include relief in the nature of a writ of ne exeat, directing the parties not to leave the jurisdiction and not to remove the child from the jurisdiction.

The rule catalogs several types of relief which might be granted, including the entry of a temporary order of custody, partial custody or visitation. The rule specifically provides that the power of the court to grant special relief shall not be limited to the types of relief cataloged.

The provisions of this Rule 1915.13 amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702. Immediately preceding text appears at serial pages (340204) to (340205).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.14 Disobedience of Order. Arrest. Contempt.

If a person disobeys an order of court other than a custody order, the court may issue a bench warrant for the arrest of the person and if the disobedience is willful may, after hearing, adjudge the person to be in contempt.

Official Note

For disobedience of a custody order, see Rule 1915.12.

The provisions of this Rule 1915.14 amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702. Immediately preceding text appears at serial page (340205).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.15 Form of Complaint. Caption. Order. Petition to Modify a Custody Order.

(a) Complaint. The complaint in a custody action shall be substantially in the following form:

The plaintiff is

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.16 Form of Order and Notice. Joinder. Intervention.

(a) The order and notice joining a party in an action under Rule 1915.6(a) shall be substantially in the following form:

A complaint has been filed in the Court of Common Pleas of

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.17 Relocation. Notice and Counter-Affidavit.

(a) A party proposing to change the residence of a child which significantly impairs the ability of a non-relocating party to exercise custodial rights must notify every other person who has custodial rights to the child and provide a counter-affidavit by which a person may agree or object. The form of the notice and counter-affidavit are set forth in subdivisions (i) and (j) below. The notice shall be sent by certified mail, return receipt requested, addressee only or pursuant to Pa.R.C.P No. 1930.4, no later than the sixtieth day before the date of the proposed change of residence or other time frame set forth in 23 Pa.C.S. § 5337(c)(2).

(b) If the other party objects to the proposed change in the child’s residence, that party must serve the counter-affidavit on the party proposing the change by certified mail, return receipt requested, addressee only, or pursuant to Pa.R.C.P. No. 1930.4 within 30 days of receipt of the notice required in subdivision (a) above. If there is an existing child custody case, the objecting party also shall file the counter-affidavit with the court.

(c) If no objection to a proposed change of a child’s residence is timely served after notice, the proposing party may change the residence of the child and such shall not be considered a ‘‘relocation’’ under statute or rule.

(d) The procedure in any relocation case shall be expedited. There shall be no requirement for parenting education or mediation prior to an expedited hearing before a judge.

(e) If the party proposing the relocation seeks an order of court, has served a notice of proposed relocation as required by 23 Pa.C.S. § 5337, has not received notice of objection to the move and seeks confirmation of relocation, the party proposing the relocation shall file:

(1) a complaint for custody and petition to confirm relocation, when no custody case exists, or

(2) a petition to confirm relocation when there is an existing custody case and

(3) a proposed order including the information set forth at 23 Pa.C.S. § 5337(c)(3).

(f) If the party proposing the relocation has received notice of objection to the proposed move after serving a notice of proposed relocation as required by 23 Pa.C.S. § 5337 et seq., the party proposing relocation shall file:

(1) a complaint for custody or petition for modification, as applicable;

(2) a copy of the notice of proposed relocation served on the non-relocating party;

(3) a copy of the counter-affidavit indicating objection to relocation; and

(4) a request for a hearing.

(g) If the non-relocating party has been served with a notice of proposed relocation and the party proposing relocation has not complied with subdivision (f) above, the non-relocating party may file:

(1) a complaint for custody or petition for modification, as applicable;

(2) a counter-affidavit as set forth in 23 Pa.C.S. § 5337(d)(1), and

(3) a request for a hearing.

(h) If a non-relocating party has not been served with a notice of proposed relocation and seeks an order of court preventing relocation, the non-relocating party shall file:

(1) a complaint for custody or petition for modification, as applicable;

(2) a statement of objection to relocation; and

(3) a request for a hearing.

(i) The notice of proposed relocation shall be substantially in the following form:

You,

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.18 Form of Order Directing Expert Examination and Report.

The order of court directing expert evaluation in a custody matter pursuant to Pa.R.C.P. No. 1915.8 shall be substantially in the following form:

AND NOW, this

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.19 Form of Order Appointing Counsel for the Child.

The order appointing an attorney to represent a child in a child custody action pursuant to Rule 1915.11 shall be in substantially the following form:

AND NOW, THIS

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.21 Form of Order Appointing Guardian Ad Litem.

The order appointing a guardian ad litem in a child custody action pursuant to Rule 1915.11-2 shall be in substantially the following form:

AND NOW, THIS

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.22 Form of Order Appointing Parenting Coordinator.

The order appointing a parenting coordinator pursuant to Pa.R.C.P. No. 1915.11-1 shall be in substantially the following form:

AND NOW, this

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.23 Form of the Summary and Recommendation of the Parenting Coordinator.

The recommendation of the parenting coordinator shall be in writing and shall be in substantially the following form:

The undersigned, the duly appointed parenting coordinator in the above-captioned matter, pursuant to the Order of Court dated

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.24 Acts of Assembly Not Suspended.

The following Acts or parts of Acts of Assembly shall not be deemed suspended or affected:

(1) Chapter 63 of the Judicial Code, 42 Pa.C.S. § 6301 et seq., known as the Juvenile Act;

(2) Section 5341 et seq. of the Domestic Relations Code, 23 Pa.C.S. § 5341 et seq., known as the Uniform Child Custody Jurisdiction Act, except to the extent suspended by Rule 1915.25 governing Suspension of Acts of Assembly;

(3) The Act of December 19, 1990, No. 206, 23 Pa.C.S. § 6301 et seq., known as the Child Protective Services Law;

(4) The Act of October 7, 1976, No. 218, as amended, 23 Pa.C.S. § 6101 et seq., known as the Protection from Abuse Act; and

(5) Chapter 53, Subchapter A of Title 23 of the Consolidated Statutes, 23 Pa.C.S. § 5301 et seq., setting forth general custody provisions.

The provisions of this Rule 1915.24 amended November 8, 1982, effective January 1, 1983, 12 Pa.B. 4040; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5323; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943. Immediately preceding text appears at serial pages (157279) to (157280).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

231 Pa. Code Rule 1915.25 Suspension of Acts of Assembly.

(a) Rescinded.

(b) 23 Pa.C.S. § 5334. 23 Pa.C.S. § 5334 is suspended insofar as it (1) requires that a guardian ad litem be an attorney; (2) permits the guardian ad litem to represent both the best interests and legal interests of the child; (3) provides the guardian ad litem the right to examine, cross-examine, present witnesses, and present evidence on behalf of the child; and (4) prohibits the guardian ad litem from testifying.

(c) 23 Pa.C.S. § 6339. 23 Pa.C.S. § 6339, which provides for the confidentiality of reports made pursuant to the Child Protective Services Law, 23 Pa.C.S. § § 6301 et seq., is suspended insofar as it is inconsistent with Pa.R.Civ.P. 1915.3-3 and 1915.3-4, which provide for the disclosure of such reports by the court to the parties.

The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

History

Source: The provisions of this Rule 1915.25 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preceding text appears at serial page (395143).

Chapter 1920 ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

231 Pa. Code Rule 1920.1 Definitions. Conformity to Civil Action.

(a) As used in this chapter:

‘‘action,’’ an action of divorce or an action for annulment of marriage, which may include the ancillary claims that may be joined with the action of divorce or for annulment under the Divorce Code, except as otherwise provided in these rules;

‘‘custody,’’ includes partial custody;

‘‘divorce,’’ divorce from the bonds of matrimony or dissolution of a civil union;

‘‘hearing officer,’’ shall have the same meaning as ‘‘master’’ as that term is used in the Divorce Code, 23 Pa.C.S. § § 3101 et seq.

‘‘marital property rights’’ means those rights created solely by Section 3501 of the Divorce Code; and

‘‘nonmarital property rights’’ means all property rights other than marital property rights.

(b) Except as otherwise provided in this chapter, the procedure in the action shall be in accordance with the rules relating to a civil action.

Official Note

See Section 3104 of the Divorce Code for the ancillary claims that may be joined in a divorce action, except as otherwise provided in these rules.

See Pa.R.C.P. No. 1920.31(a)(2) as to raising claims for child support, spousal support, and alimony pendente lite.

The definition of divorce has been expanded to include civil unions. See Neyman v. Buckley, 153 A.3d 1010 (Pa. Super. 2016).

The provisions of this Rule 1920.1 amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial page (402500).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.2 Venue.

(a) The action, except a claim for custody, may be brought only in the county

(1) in which the plaintiff or the defendant resides, or

(2) upon which the parties have agreed

(i) in a writing which shall be attached to the complaint, or

(ii) by participating in the proceeding.

Official Note

Rule 1920.2 governs the venue of related claims, except a claim for custody, when joined with an action of divorce or for annulment. Venue in an action for custody is governed by Rule 1915.2.

See Rule 1006(d) for the transfer of an action for the convenience of parties and witnesses.

Under subdivision (a)(2), the agreement of the parties is an independent basis for venue and is not a waiver of improper venue.

(b) The record shall establish compliance with the venue requirement of subdivision (a) prior to the entry of the decree.

(c) Notwithstanding any agreement of the parties, if neither the plaintiff nor the defendant has resided in the county at any time during the pendency of the action, the court, upon its own motion and for its own convenience, may transfer the action to the appropriate court of any other county where the action originally could have been brought.

The provisions of this Rule 1920.2 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764. Immediately preceding text appears at serial page (99926).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.3 Commencement of Action.

An action shall be commenced by filing a complaint with the prothonotary.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.4 Service.

(a) Service of original process and proof of service in an action pursuant to this chapter shall be in accordance with Rule 1930.4.

(b) Service of the complaint in the manner provided by Rule 1930.4 shall constitute service of process with respect to any claim which may under the Divorce Code be joined with an action of divorce or for annulment.

(c) In an action under Section 3301(d) of the Divorce Code, if no appearance has been entered and plaintiff avers that defendant cannot be located after diligent search, the court may waive service of the affidavit.

(d) The defendant may accept service of the compliant as provided by Rule 1930.4. Acceptance of service shall not be deemed collusive.

The provisions of this Rule 1920.4 adopted June 27, 1980, effective July 1,1980, 10 Pa.B. 2967; amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended October 2, 1995, effective January 1, 1996, 25 Pa.B. 4518. Immediately preceding text appears at serial page (200375).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.5 Warrant of Attorney.

No attorney shall be required to file of record a warrant of attorney from a party in the action.

The provisions of this Rule 1920.5 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 677.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.6 Multiple Actions. Priority. Stay.

(a) If, within ninety days of service of the complaint, a second action is brought in another county and one of the two counties is the county in which the last family domicile was located and in which one of the parties continues to reside, the court of the county of the last family domicile shall determine, based upon the purposes of the Divorce Code, which of the two actions shall be stayed and which shall proceed. If neither action was brought in the county of the last family domicile and in which one of the parties continues to reside, the court in which the first action was brought shall make the determination.

(b) If a second action is brought in another county more than ninety days after service of the complaint in the first action, the second action shall be stayed until the conclusion of the first action.

The provisions of this Rule 1920.6 adopted February 7, 1989, effective July 1, 1989, 19 Pa.B. 764.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.11 Pleadings Allowed.

The pleadings in an action shall be limited to those authorized by Rule 1017, a bill of particulars, a petition authorized by the Divorce Code and an answer thereto.

Official Note

For limitations as to judgment by default or on the pleadings, see Rule 1920.41.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.12 Complaint.

(a) Except as provided by subdivision (b), the plaintiff shall set forth in the complaint as to the cause of action of divorce or for annulment

(1) the names of the plaintiff and defendant and, if either party is a minor or incompetent, a statement to that effect and the name and address of such party’s guardian, if any;

(2) the residence of the plaintiff;

(3) the last known residence and present whereabouts of the defendant, or that the plaintiff has no knowledge thereof, and in that case the names and addresses of near relatives and other persons who would be likely to know the present residence and whereabouts of the defendant;

(4) an averment that the plaintiff, defendant or both have resided in the Commonwealth for at least six months immediately previous to the commencement of the action;

(5) the date and place of marriage;

(6) the ground on which the action is based, stated substantially in the language of the Divorce Code;

(7) whether there has been any prior action of divorce or for annulment of marriage between the parties in this or any other jurisdiction and if so the caption, court, term and number thereof, the date commenced, the grounds therefor and the present status if pending or the final disposition thereof;

(8) in an action under Section 3301(a)(6), 3301(c) or 3301(d) of the Divorce Code, an averment that the plaintiff has been advised of the availability of counseling and that the plaintiff may have the right to request that the court require the parties to participate in counseling; and

(9) a prayer for relief.

(b) The complaint in an action based upon Section 3301(c) or (d) of the Divorce Code shall be substantially in the form prescribed by Rule 1920.72(a).

The provisions of this Rule 1920.12 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943. Immediately preceding text appears at serial pages (134360) and (168423).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.13 Pleading More Than One Cause of Action. Alternative Pleading.

(a) The plaintiff may state in the complaint one or more grounds for divorce and may join in the alternative a cause of action for annulment.

(b) Except as otherwise provided in these rules, the plaintiff may:

(1) join as separate counts in the complaint the ancillary claims that may be joined with an action of divorce or for annulment under the Divorce Code;

(2) amend the complaint to include the ancillary claims;

(3) file to the same term and number a separate supplemental complaint or complaints limited to the ancillary claims; or

(4) file to the same term and number a subsequent petition raising the ancillary claims.

Official Note

See Pa.R.C.P. No. 1920.31(a)(2) as to raising claims for child support, spousal support, and alimony pendente lite.

See Pa.R.C.P. No. 1910.26(b) for interim or special relief for support and alimony pendente lite actions proceeding through the domestic relations section.

The provisions of this Rule 1920.13 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960. Immediately preceding text appears at serial page (392645).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.14 Answer. Denial. Affidavit under Section 3301(d) of the Divorce Code.

(a) The averments in the complaint as to the divorce or annulment, ancillary claims that may be joined under the Divorce Code, and petitions for special relief under these rules shall be deemed denied unless admitted by an answer. Notwithstanding the foregoing, the court may require a response to a petition for special relief.

(b) The averments of the Affidavit under Section 3301(d) of the Divorce Code and the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code shall be deemed admitted unless denied by counter-affidavit.

Official Note

See Pa.R.C.P. No. 1920.72(e)(2) and (3) for the counter-affidavits.

Subdivision (a) has been amended to clarify that the averments in a petition for special relief in a divorce or annulment action are deemed to be denied unless admitted by an answer.

Subdivision (b) has been amended to include divorces under Section 3301(c)(2) of the Divorce Code. The process for obtaining a divorce under Sections 3301(c)(2) and (d) are similar. Subdivision (b) requires that the averments in the affidavit be denied by counter-affidavit and, as such, if the non-moving party fails to file a counter-affidavit denying the averments in the Affidavit to Establish Presumption of Consent or the Affidavit under Section 3301(d) of the Divorce Code, the affidavit’s averments are deemed admitted.

The provisions of this Rule 1920.14 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5324; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended April 11, 2007, effective immediately, 37 Pa.B. 1959; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059. Immediately preceding text appears at serial pages (394387) to (394388).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.15 Counterclaim. Subsequent Petition.

(a) The defendant may state a cause of action of divorce or for annulment in an answer under the heading ‘‘Counterclaim’’.

(b) Except as otherwise provided in these rules, the defendant may:

(1) join as separate counts in the counterclaim the ancillary claims that may be joined with an action of divorce or for annulment under the Divorce Code; or

(2) file to the same term and number a subsequent petition raising the ancillary claims that may be joined with an action of divorce or for annulment under the Divorce Code.

Official Note

See Pa.R.C.P. No. 1920.31, which requires the joinder of certain related claims under penalty of waiver. A claim for alimony must be raised before the entry of a final decree of divorce or annulment.

See Pa.R.C.P. No. 1920.31(a)(2) as to raising claims for child support, spousal support, and alimony pendente lite.

The provisions of this Rule 1920.15 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended July 30, 2018, effective July 1, 2019, 48 Pa.B. 4960. Immediately preceding text appears at serial page (392646).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.16 Severance of Actions and Claims.

The court, in furtherance of convenience or to avoid prejudice, may on its own motion or on motion of any party order a separate trial of any cause of action or claim or of any number of causes of action or claims.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.17 Withdrawing Complaint and Discontinuing Divorce Action. Withdrawing Ancillary Claims Raised in Pleading Notice. Death of Party.

(a) Withdrawing Complaint and Discontinuing Divorce Action. A plaintiff may withdraw a divorce complaint and discontinue the divorce action by:

(1) a motion, except as provided in subdivision (a)(2), which has been served on the defendant; or

(2) a praecipe, which includes the plaintiff’s certification that:

(i) neither equitable division of marital property nor custody claims are pending;

(ii) the defendant has filed neither a counterclaim nor a separate petition raising claims; and

(iii) the parties have not established grounds for divorce.

(b) Withdrawing Ancillary Claims Raised in Pleadings. Without discontinuing the divorce action, the party who raised an ancillary claim may withdraw the claim by a praecipe filed with the prothonotary, except:

(1) a party who raised an equitable division of marital property claim may withdraw the claim only:

(i) with the parties’ written and filed agreement, including as required by Pa.R.C.P. No. 1920.42(a)(4), (b)(4), or (c)(4);

(ii) with the opposing party’s written consent; or

(iii) after filing and serving on the opposing party a notice that the party intends to withdraw the equitable division claim 20 days after service of the notice.

Official Note

See subdivision (c) for the notice.

(2) a party who raised a custody claim in a divorce action may withdraw the claim only as provided in Pa.R.C.P. No. 1915.3-1(b).

TO:

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.21 Bill of Particulars in Divorce or Annulment. Non Pros.

(a) The prothonotary on praecipe filed within such time as not to delay the trial shall enter a rule as of course upon the party seeking a divorce under Section 3301(a) or (b) of the Divorce Code or an annulment to file a bill of particulars as to such cause of action.

(b) If a bill of particulars is not filed within twenty days after service of the rule or within such further time as the court may allow, the prothonotary upon praecipe shall enter a judgment of non pros against the defaulting party with respect to the cause of action for divorce under Section 3301(a) or (b) of the Divorce Code, or the cause of action for annulment.

The provisions of this Rule 1920.21 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended April 8, 1992, effective July 1, 1992, 22 Pa.B. 2221. Immediately preceding text appears at serial pages (134362) and (159453).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.22 Discovery.

Official Note

The rule relating to discovery in domestic relations matters generally is Rule 1930.5.

The provisions of this Rule 1920.22 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended July 20, 1994, effective September 1, 1994, 24 Pa.B. 3804; rescinded May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532. Immediately preceding text appears at serial page (229633).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.31 Joinder of Related Claims. Ancillary Claims. Alimony. Counsel Fees. Costs and Expenses.

(a) Ancillary Claims.

(1) If a party has raised a claim for alimony, counsel fees, or costs and expenses, the parties shall file a true copy of the most recent federal income tax return, pay stubs for the preceding six months, a completed Income Statement in the form required by Pa.R.C.P. No. 1910.27(c)(1), and a completed Expense Statement in the form required by Pa.R.C.P. No. 1910.27(c)(2)(B).

(i) A party may not file a motion for the appointment of a hearing officer or a request for court action regarding alimony, counsel fees, or costs and expenses until at least 30 days following the filing of that party’s tax returns, Income Statement, and Expense Statement.

(ii) The other party shall file the tax returns, Income Statement, and Expense Statement within 20 days of service of the moving party’s documents.

Official Note

(2) A divorce complaint shall not include claims for child support, spousal support, and alimony pendente lite. Instead, claims for child support, spousal support, and alimony pendente lite shall be raised in the domestic relations section by filing a complaint pursuant to Pa.R.C.P. No. 1910.4.

(3) If a party fails to file the documents as required by subdivision (a)(1), the court on motion may make an appropriate order under Pa.R.C.P. No. 4019 governing sanctions.

(b) Alimony.

(1) Orders for alimony may be enforced as provided by the rules governing actions for support and divorce, and in the Divorce Code.

Official Note

See, inter alia, Section 3323(b) of the Divorce Code relating to enforcement of the rights of any party under a decree, Section 3505(a) of the Divorce Code relating to an injunction against disposition of property pending suit, and Section 3703 of the Divorce Code relating to the collection of arrearages.

(2) When so ordered by the court, payments for alimony shall be made to the domestic relations section of the court that issued the order.

(c) The failure to claim spousal support, alimony, alimony pendente lite, counsel fees, and costs and expenses prior to the entry of a final decree of divorce or annulment shall be deemed a waiver of those claims, unless the court expressly provides otherwise in its decree. The failure to claim child support before the entry of a final decree of divorce or annulment shall not bar a separate and subsequent action.

(d) Upon entry of a decree in divorce, an existing order for spousal support shall be deemed an order for alimony pendente lite if any economic claims remain pending.

As amended, Pa.R.C.P. No. 1920.31 precludes parties from raising claims for child support, spousal support, and alimony pendente lite as counts in a divorce action. Instead, parties shall file those claims in the domestic relations section as a separate action from the divorce. The amendment of this rule is not intended to affect the legal distinction between spousal support and alimony pendente lite.

The provisions of this Rule 1920.31 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended April 21, 1995, effective July 1, 1995, 25 Pa.B. 1837; amended August 17, 1995, effective immediately, 25 Pa.B. 3584; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7113; amended October 30, 2007, effective immediately, 37 Pa.B. 5976; amended May 6, 2015, effective July 1, 2015, 45 Pa.B. 2457; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (402503) and (394391) to (394392).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.32 Joinder of Related Claims. Custody. Hearing by Court.

(a) Claims for custody of children shall be heard by the court. The practice and procedure with respect to these claims shall follow the practice and procedure governing custody.

(b) The failure to claim custody of minor children prior to the entry of a final decree shall not bar subsequent claims for custody.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.33 Joinder of Related Claims. Equitable Division. Enforcement.

(a) If a pleading or petition raises a claim for equitable division of marital property under Section 3502 of the Divorce Code, the parties shall file and serve on the other party an inventory, which shall include the information in subdivisions (a)(3)(i)—(iii), and shall be substantially in the form set forth in Pa.R.C.P. No. 1920.75.

(1) Within 20 days of service of the moving party’s inventory, the non-moving party shall file an inventory.

(2) A party may not file a motion for the appointment of a hearing officer or a request for court action regarding equitable division until at least 30 days following the filing of that party’s inventory.

Official Note

(3) The inventory shall set forth as of the date of separation:

(i) a specific description of the marital assets, which either or both parties have a legal or equitable interest, individually or jointly with another person, the name of the co-owners, if applicable, and the marital liabilities, which either party incurred individually or jointly with another person, and the name of any co-debtors, if applicable;

(ii) a specific description of the assets or liabilities claimed to be non-marital and the basis for such claim; and

(iii) the estimated value of the marital and non-marital assets and the amount due for each marital and non-marital liability.

Official Note

Subdivision (c) provides for sanctions for failure to file an inventory as required by subdivision (a). An inventory may be incomplete if a party lacks comprehensive knowledge of the assets and liabilities involved in the claim for equitable division. Consequently, the rule does not contemplate that a party will be precluded from presenting testimony or offering evidence as to assets or liabilities omitted from the inventory. The omission may be remedied by inclusion of the omitted information in the pre-trial statement required by subdivision (b).

(b) Within the time required by order of court or written directive of the hearing officer or, if none, at least 60 days before the scheduled hearing on the claim for equitable division, the parties shall file and serve upon the other party a pre-trial statement. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court:

(1) a list of assets, which may be in chart form, specifying:

(i) The marital assets:

a. the value;

b. the date of the valuation;

c. the value of any non-marital portion;

d. the facts and documentation upon which the party relies to support the valuation; and

e. any liens or encumbrances associated with the asset.

(ii) The non-marital assets:

a. the value;

b. the date of the valuation;

c. the facts and documentation upon which the party relies to support the valuation; and

d. any liens or encumbrances associated with the asset.

(2) the name and address of the expert witness(es) the party intends to call at trial. A report of each expert witness listed shall be attached to the pre-trial statement. The report shall describe the expert’s qualifications and experience, state the substance of the facts and opinions to which the expert is expected to testify and summarize the grounds for each opinion;

(3) the name, address, and a short summary of the testimony of the witnesses, other than the party, whom the party intends to call at trial;

(4) a list of exhibits that the party expects to offer into evidence. Exhibits not exceeding three pages shall be attached to the pre-trial statement and shall have an identifying exhibit number affixed to or incorporated into the document, and exhibits exceeding three pages shall be described specifically and shall have an exhibit number in the description;

(5) the party’s gross income from all sources, payroll deductions, net income, and the party’s most recent state and federal income tax returns and pay stubs;

(6) if the party intends to offer testimony as to his or her expenses, an Expense Statement in the form required by Pa.R.C.P. No. 1910.27(c)(2)(B);

(7) if there is a claim for counsel fees, the amount of fees to be charged, the basis for the charge, and a detailed itemization of the services rendered;

(8) the description and value of disputed tangible personal property, specifically the personalty contemplated by item number 25 of the form in Pa.R.C.P. No. 1920.75, the method of valuing each item, and the evidence, including documentation, to be offered in support of the valuation;

(9) a list of liabilities, which may be in chart form, specifying:

(i) The marital liabilities:

a. amount of the liability;

b. date of the valuation;

c. amount of any non-marital portion;

d. the facts and documentation upon which the party relies to support the valuation; and

e. amount, if any, of payments made on the liabilities after the date of separation.

(ii) The non-marital liabilities:

a. amount of the liability;

b. date of the valuation; and

c. the facts and documentation upon which the party relies to support the valuation.

(10) a proposed resolution of the economic issues raised in the pleadings.

Official Note

(c) If a party fails to file either an inventory, as required by subdivision (a), or a pre-trial statement, as required by subdivision (b), the court may make an appropriate order under Pa.R.C.P. No. 4019(c) governing sanctions.

(d)(1) A party who fails to comply with a requirement of subdivision (b) may be barred from offering testimony or introducing evidence in support of or in opposition to claims for the matters omitted.

(2) A party may be barred from offering testimony or introducing evidence that is inconsistent with or goes beyond the fair scope of the information set forth in the pre-trial statement.

(e) An order entered by the court pursuant to Section 3502 of the Divorce Code may be enforced as provided by the rules governing actions for support and divorce and in the Divorce Code.

23 Pa.C.S. § 3105(a) states that an agreement is enforceable by any means available pursuant to the Divorce Code for enforcement on an order, as though the agreement were an order of court, except as otherwise provided in the agreement. Thus, although Rule 1920.33 refers only to enforcement of orders, it also applies to enforcement of agreements.

The provisions of this Rule 1920.33 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7113; amended May 6, 2015, effective July 1, 2015, 45 Pa.B. 2457; amended June 10, 2016, effective October 1, 2016, 46 Pa.B. 3233; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (394392) to (394394).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.34 Joinder of Parties.

At any stage of an action, the court may order the joinder of any additional person who could have joined or been joined in the action and may stay the proceedings in whole or in part until such person has been joined. The action may proceed although such person has not been made a party if jurisdiction over that person cannot be obtained and that person is not an indispensable party to the action.

Official Note

The joinder of persons other than husband and wife may be essential in claims for child custody where neither has custody or custody is claimed by others, or where persons other than the parties have an interest in property which is the subject matter of a distribution.

The intervention in an action by a person not a party is goverened by Rule 2326 et seq.

The provisions of this Rule 1920.34 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943. Immediately preceding text appears at serial page (159457).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.41 No Default Judgment.

No judgment may be entered by default or on the pleadings.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.42 Obtaining Divorce Decrees under Section 3301(c) or Section 3301(d) of the Divorce Code. Affidavits and Counter-Affidavits. Requirements of the Affi- davit of Consent. Ancillary Claims. Orders Approving Grounds for Divorce. Notice of Intention to File the Praecipe to Transmit Record. Praecipe to Transmit Record.

(a) Obtaining a divorce decree under Section 3301(c)(1) of the Divorce Code.

(1) If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown, the court shall enter a decree in divorce after:

(i) proof of service of the complaint has been filed;

(ii) the parties have signed Affidavits of Consent 90 days or more after service of the complaint and have filed the affidavits within 30 days of signing, which may only be withdrawn by an order of court;

(iii) the ancillary claims under Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims, have been resolved by agreement of the parties or order of court, have not been raised in the pleadings, or in the case of a bifurcated divorce, the court has retained jurisdiction of the ancillary claims;

(iv) the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record or, alternatively, the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a blank Counter-Affidavit under Section 3301(c)(1) and a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record; and

(v) the party requesting the divorce decree has completed and filed a Praecipe to Transmit Record. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record.

Official Note

See Pa.R.C.P. No. 1920.72(b) for the Affidavit of Consent.

See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.72(e)(1) for the Counter-Affidavit under Section 3301(c)(1) of the Divorce Code.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(2) To the extent that grounds for divorce have been established under Section 3301(c)(1) of the Divorce Code as outlined in subdivision (a)(1)(ii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after:

(i) the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record or, alternatively, the party requesting the order approving grounds has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a blank Counter-Affidavit under Section 3301(c)(1) and a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record; and

(ii) the party requesting the order approving grounds has completed and filed a Praecipe to Transmit Record requesting the court enter an order approving grounds for divorce. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record. If the court enters an order approving grounds for divorce, entry of the divorce decree shall be deferred until the ancillary claims have been resolved.

Official Note

See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(3) After the court enters an order approving grounds for divorce, a party may request, consistent with the judicial district’s local rules and procedures, that the court either hears the ancillary claims or appoints a hearing officer to hear the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.

Official Note

See Pa.R.C.P. No. 1920.74 for the Motion for Appointment of Hearing Officer.

(4) If the parties resolve the ancillary claims by agreement after the court approves the grounds for the divorce but before the court enters an order disposing of the ancillary claims, the parties shall file a Praecipe to Transmit Record requesting the court enter the appropriate divorce decree. To the extent the agreement does not address all of the parties’ claims raised in the pleadings, the party raising the outstanding claims shall withdraw the claims before the court enters a divorce decree.

(b) Obtaining a divorce decree under Section 3301(c)(2) of the Divorce Code.

(1) If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown and a party has been convicted of a personal injury crime against his or her spouse, the court shall enter a decree in divorce after:

(i) proof of service of the complaint has been filed;

(ii) the party who is the victim of the personal injury crime:

(A) has signed and filed an Affidavit of Consent consistent with subdivision (a)(1)(ii); and

(B) has signed and filed an Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code alleging his or her status as a victim of a personal injury crime and that his or her spouse has been convicted of that crime;

(iii) the filed affidavits and a blank Counter-Affidavit under Section 3301(c)(2) of the Divorce Code have been served on the other party consistent with Pa.R.C.P. No. 1930.4, and the other party has admitted or failed to deny the averments in the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code;

(A) If a party files a Counter-Affidavit under Section 3301(c)(2) of the Divorce Code denying an averment in the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code, either party may present a motion requesting the court resolve the issue.

(B) After presentation of the motion in subdivision (A), the court may hear the testimony or, consistent with Pa.R.C.P. No. 1920.51(a)(1)(ii)(D), appoint a hearing officer to hear the testimony and to issue a report and recommendation.

Official Note

This subdivision requires service of the counter-affidavit on the non-moving party consistent with original process since the averments in the moving party’s Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code are deemed admitted unless denied. See Pa.R.C.P. No. 1930.4 for service of original process and Pa.R.C.P. No. 1920.14(b) regarding failure to deny averments in the affidavit.

(iv) the ancillary claims under Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims, have been resolved by agreement of the parties or order of court, have not been raised in the pleadings, or in the case of a bifurcated divorce, the court has retained jurisdiction of the ancillary claims;

(v) a minimum of 20 days from the date of service of the affidavits and blank Counter-Affidavit under Section 3301(c)(2) as set forth in (b)(1)(iii), the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, except that service of such Notice of Intention is not required if:

(A) the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; or

(B) the court finds that an attorney has not entered an appearance on the defendant’s behalf and that the defendant cannot be located after a diligent search; and

(vi) the party requesting the divorce decree has completed and filed a Praecipe to Transmit Record. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record.

Official Note

See Pa.R.C.P. No. 1920.72(b) for the Affidavit of Consent.

See Pa.R.C.P. No. 1920.72(c) for the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code.

See Pa.R.C.P. No. 1920.72(e)(2) for the Counter-Affidavit under Section 3301(c)(2) of the Divorce Code.

See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(2) To the extent that grounds for divorce have been established under Section 3301(c)(2) of the Divorce Code as outlined in subdivision (b)(1)(ii)- (iii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after:

(i) a minimum of 20 days from the date of service of the affidavits and blank Counter-Affidavit under Section 3301(c)(2) of the Divorce Code as set forth in (b)(1)(iii), the party requesting the order approving grounds has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, except that service of such Notice of Intention is not required if:

(A) the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; or

(B) the court finds that an attorney has not entered an appearance on the defendant’s behalf and that the defendant cannot be located after a diligent search; and

Official Note

See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

Official Note

See Pa.R.C.P. No. 1920.74 for the Motion for Appointment of Hearing Officer.

(1) If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown and the requisite separation period has elapsed, the court shall enter a decree in divorce after:

(i) proof of service of the complaint has been filed;

(ii) a party has signed and filed an Affidavit under Section 3301(d) of the Divorce Code averring that the marriage is irretrievably broken and that the parties have been separate and apart for the required separation period;

(iii) the filed affidavit and a blank Counter-Affidavit under Section 3301(d) of the Divorce Code have been served on the other party consistent with Pa.R.C.P. No. 1930.4, and the other party has admitted or failed to deny the averments in the Affidavit under Section 3301(d) of the Divorce Code;

(A) If a party files a Counter-Affidavit under Section 3301(d) of the Divorce Code denying an averment in the Affidavit under Section 3301(d) of the Divorce Code, including the date of separation, either party may present a motion requesting the court resolve the issue.

Official Note

This subdivision requires service of the counter-affidavit on the non-moving party consistent with original process since the averments in the moving party’s Affidavit under § 3301(d) of the Divorce Code are deemed admitted unless denied. See Pa.R.C.P. No. 1930.4 for service of original process and Pa.R.C.P. No. 1920.14(b) regarding failure to deny averments in the affidavit.

(v) a minimum of 20 days from the date of service of the affidavit and blank Counter-Affidavit under Section 3301(d) of the Divorce Code as set forth in (c)(1)(iii), the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, except that service of such Notice of Intention is not required if:

(A) the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; or

(B) the court finds that an attorney has not entered an appearance on the defendant’s behalf and that the defendant cannot be located after a diligent search; and

Official Note

See Pa.R.C.P. No. 1920.72(d) for the Affidavit under Section 3301(d) of the Divorce Code.

See Pa.R.C.P. No. 1920.72(e)(3) for the Counter-Affidavit under Section 3301(d) of the Divorce Code.

See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(2) To the extent that grounds for divorce have been established under Section 3301(d) of the Divorce Code as outlined in subdivision (c)(1)(ii)-(iii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after:

(i) a minimum of 20 days from the date of service of the affidavit and blank Counter-Affidavit under Section 3301(d) of the Divorce Code as set forth in (c)(1)(iii), the party requesting the order approving grounds has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, except that service of such Notice of Intention is not required if:

(A) the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; or

(B) the court finds that an attorney has not entered an appearance on the defendant’s behalf and that the defendant cannot be located after a diligent search; and

Official Note

See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

Official Note

See Pa.R.C.P. No. 1920.74 for the Motion for Appointment of Hearing Officer.

On April 21, 2016, Act 24 of 2016 (Act of Apr. 21, 2016, P.L. 166, No. 24) amended the Divorce Code by adding 23 Pa.C.S. § 3301(c)(2). Section 3301(c)(2) creates a presumption of consent to a divorce if a party is the victim of a personal injury crime committed by his or her spouse, as outlined in 23 Pa.C.S. § 3103. The Act amended other correlative statutes in the Divorce Code, as well. To effectively incorporate procedures for the newly enacted Section 3301(c)(2) into the Rules of Civil Procedure, Pa.R.C.P. No. 1920.42 was rescinded and replaced.

In implementing Section 3301(c)(2), the rule utilizes an affidavit/counter-affidavit procedure similar to a Section 3301(d) divorce, which served as a template for the new procedure. The process for establishing the presumption of consent in Section 3301(c)(2) requires the party to aver in an affidavit that he or she had been the victim of a personal injury crime and that his or her spouse had been convicted of that personal injury crime. In response, the allegedly convicted spouse may oppose the establishment of the presumption by completing and filing a counter-affidavit. If the allegedly convicted spouse opposes the establishment of the presumption, the court may either schedule a hearing on the establishment of the presumption or appoint a master to do so. As part of the revised divorce procedures, amended Pa.R.C.P. No. 1920.51(a)(1) permits the appointment of a master for a determination of the presumption under Section 3301(c)(2). To effectuate the new procedures for Section 3301(c)(2) divorces, several additional forms, including an Affidavit to Establish Presumption of Consent and a Counter-Affidavit under Section 3301(c)(2), have been added to the rules. See Pa.R.C.P. No. 1920.72(c) and (e)(2).

In addition to the changes to the rule related to 23 Pa.C.S. § 3301(c)(2), the rule has been further revised to provide a uniform practice across the Commonwealth for establishing a definitive point when the parties can move the court for resolution of any ancillary claims. As the court cannot resolve the ancillary claims until grounds for divorce have been established, Pa.R.C.P. No. 1920.42 includes procedures for obtaining approval of grounds for divorce in cases in which the parties have unresolved ancillary claims. This process requires that the parties obtain a court order approving grounds for divorce before seeking the appointment of a divorce master or requesting the court hear the ancillary claims raised in the pleadings. Forms have been correlatively amended or retitled to reflect this new procedure. The Waiver of Notice of Intention has been moved from Pa.R.C.P. No. 1920.72 to Pa.R.C.P. No. 1920.73.

As a result of these changes, Pa.R.C.P. No. 1920.42 specifically outlines the process for obtaining a decree for Section 3301(c)(1), Section 3301(c)(2), and Section 3301(d) divorces. Although the rule’s length has expanded extensively, the detailed procedure alleviates confusion on when and how to obtain a divorce decree and further assists unrepresented parties to maneuver through a complicated procedure.

The provisions of this Rule 1920.42 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5324; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended September 11, 1995, effective January 1, 1996, 25 Pa.B. 4099; amended April 10, 1997, effective July 1, 1997, 27 Pa.B. 2042; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended May 6, 2015, effective July 1, 2015, 45 Pa.B. 2457; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (396991) to (396998).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.43 Special Relief.

(a) At any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security:

(1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or

(2) order the seizure or attachment of real or personal property; or

(3) grant other appropriate relief.

Official Note

See Section 3505 of the Divorce Code relating to injunction against disposition of property pending suit.

(b) Where property ordered attached is in the possession of a garnishee, the practice and procedure shall conform as nearly as may be to Rules 3111 to 3113 and Rules 3142 to 3145 governing attachment execution. Judgment shall not be entered against a garnishee except by order of the court.

The provisions of this Rule 1920.43 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943. Immediately preceding text appears at serial pages (159458) to (159459).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.44 Party Leaving Jurisdiction. Security.

At any stage of the proceeding, upon affidavit that a party is about to leave the jurisdiction, the court may issue appropriate process directing that the party be brought before the court at such time as the court may direct. At that time, the court may direct that the party give security, with one or more sureties, to appear when directed by the court or to comply with any order of court.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.45 Counseling.

(a) If the Divorce Code provides for counseling, the parties shall be notified of the availability of counseling as prescribed in Pa.R.C.P. Nos. 1920.12(a)(8) and 1920.71.

Official Note

See Section 3302 of the Divorce Code for the divorce actions in which the parties may request counseling, but note the counseling exceptions in Section 3302(g).

(b) The court shall maintain in the prothonotary’s office a list of qualified professionals that provide counseling services, which shall be available to the parties upon request.

Official Note

Section 3103 of the Divorce Code defines the term ‘‘qualified professionals.’’

(1) Section 3301(c) of the Divorce Code and the court orders counseling as requested by a party, the parties must complete counseling within 90 days of the divorce complaint’s filing; or

(2) Section 3301(d) of the Divorce Code and a court orders counseling, the parties must complete counseling within 120 days, unless the parties agree to a longer period.

Official Note

See Section 3301(d)(2) of the Divorce Code providing for a period ‘‘not less than 90 days nor more than 120 days. . .’’

(d) If the court has referred a divorce action to a hearing officer and a party requests counseling pursuant to the Divorce Code, without leave of court, the hearing officer may require counseling and continue the hearing pending the counselor’s report.

The provisions of this Rule 1920.45 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial page (396999).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.46 Affidavit of Non-Military Service.

If the defendant fails to appear in the action, the plaintiff shall file an affidavit regarding military service with the motion for appointment of a hearing officer, prior to a trial by the court, or with the plaintiff’s affidavit required by Pa.R.C.P. No. 1920.42(b)(1)(ii) and (c)(1)(ii).

Official Note

The Servicemembers Civil Relief Act, 50 U.S.C. § § 3901—4043, requires that in cases in which the defendant does not make an appearance, the plaintiff must file an affidavit of non-military service before the court may enter judgment. If the defendant is in the military service and an attorney has not entered an appearance on behalf of the defendant, a judgment shall not be entered until the court appoints an attorney to represent the defendant and protect his or her interest.

Actions for divorce under Section 3301(c)(2) and (d)(1)(i) of the Divorce Code are governed by Pa.R.C.P. No. 1920.42(b) and (c), respectively.

35 P. S. § 450.602 previously required a certificate of each divorce or annulment decreed in the commonwealth to be transmitted to the Vital Statistics Division of the Commonwealth of Pennsylvania Department of Health. The statute was amended October 30, 2001 (P. L. 826, No. 82), § 1, effective in 60 days, to require that the prothonotary submit a monthly statistical summary of divorces and annulments, rather than individual forms for each decree. Thus, subdivision (a) of Rule 1920.46, requiring the filing of the vital statistics form, is no longer necessary. Former subdivision (b) now comprise the entirety of the rule and the title has been amended to reflect that the rule applies only to the affidavit regarding military service.

The provisions of this Rule 1920.46 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended July 30, 2003, effective immediately, 33 Pa.B. 4072; amended August 13, 2008, effective immediately, 38 Pa.B. 4736; amended June 3, 3019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (396999) to (397000).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.51 Hearing by the Court. Appointment of Hearing Officer. Notice of Hearing.

(a) In an action of divorce or annulment:

(1) the court may:

(i) hear the testimony; or

(ii) upon motion of a party or of the court, appoint a hearing officer:

(A) before entry of the divorce decree to hear the testimony for the ancillary claims of alimony, equitable division of marital property, partial physical custody, supervised physical custody, counsel fees, and costs and expenses, which are raised in the pleadings, and to issue a report and recommendation, provided that grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code have been established and approved by the court as outlined in Pa.R.C.P. No. 1920.42;

(B) before approving grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code for the limited purpose of assisting the parties and the court on issues of discovery or settlement;

(C) to hear the testimony for establishing grounds for divorce under Sections 3301(a) or 3301(b) of the Divorce Code or annulment and the ancillary claims, which are raised in the pleadings, and to issue a report and recommendation; or

(D) after a party files a counter-affidavit denying the averments in the affidavit in an action under Section 3301(c)(2) or 3301(d) of the Divorce Code, including the date of separation, to hear the testimony and to issue a report and recommendation.

(2) the court shall not appoint a hearing officer:

(i) to approve grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code; or

Official Note

See Pa.R.C.P. No. 1920.42 for approving grounds for divorce under Sections 3301(c) and 3301(d) of the Divorce Code.

(ii) for the claims of legal custody, sole physical custody, primary physical custody, shared physical custody, or paternity.

Official Note

Section 3321 of the Divorce Code prohibits the appointment of a hearing officer as to the claims of custody and paternity. However, as set forth in Pa.R.C.P. No. 1920.91(3), the Supreme Court of Pennsylvania suspended Section 3321 insofar as that section prohibits the appointment of a hearing officer in partial physical custody cases.

(3) The Motion for the Appointment of a Hearing Officer and the order shall be substantially in the form prescribed by Pa.R.C.P. No. 1920.74. The order appointing the hearing officer shall specify the issues or ancillary claims that are referred to the hearing officer.

(4) A permanent or standing hearing officer employed by or under contract with a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, permanent or standing hearing officer, or judge of the same judicial district.

Official Note

Conference officers preside at office conferences under Pa.R.C.P. No. 1910.11. Hearing officers preside at hearings under Pa.R.C.P. No. 1910.12. The appointment of hearing officer to hear actions in divorce or annulment is authorized by Section 3321 of the Divorce Code.

(b) Written notice of the hearing shall be given to each attorney of record by the hearing officer. If a hearing officer has not been appointed, the prothonotary, clerk, or other officer designated by the court shall give the notice.

(c) If no attorney has appeared of record for a party, notice of the hearing shall be given to the party by the hearing officer, or if a hearing officer has not been appointed, by the prothonotary, clerk, or other officer designated by the court, as follows:

(1) to the plaintiff, by ordinary mail to the address on the complaint;

(2) to the defendant,

(i) if service of the complaint was made other than pursuant to special order of court, by ordinary mail to the defendant’s last known address; or

(ii) if service of the complaint was made pursuant to special order of court, (a) by sending a copy of the notice by ordinary mail to the persons, if any, named in the investigation affidavit, likely to know the present whereabouts of the defendant; and (b) by sending a copy by registered mail to the defendant’s last known address.

Official Note

Under Rule 76, registered mail includes certified mail.

(d) Advertising of notice of the hearing shall not be required.

(e) Proof of notice shall be filed of record.

Official Note

Consistent with § 3301(e) of the Divorce Code as amended, these rules contemplate that if a divorce decree may be entered under the no fault provisions of § § 3301(c) or (d), a divorce decree will be entered on these grounds and no hearing shall be required on any other grounds.

While subdivision (a)(2)(ii) clearly prohibits appointment of a master to determine a divorce claim brought under § § 3301(c) or 3301(d), the provision does permit a master to hear claims which are joined with the divorce action.

The rule is amended to conform with proposed new Rules 1915.4-1 and 1915.4-2, and to remove the implied prohibition against the use of hearing officers in partial custody or visitation cases.

The rule is amended to clarify the role of the master in a divorce case when either party has asserted grounds for divorce pursuant to § 3301(c) or § 3301(d) of the Divorce Code. The rule had been interpreted in some jurisdictions as requiring the entry of a bifurcated decree before a master could be appointed to hear economic claims.

Subdivision (a)(1)(ii)(A) provides for the appointment of a master to hear, inter alia, partial physical custody cases. The authority for a master to hear partial physical custody cases is 23 Pa.C.S. § 3321, which the Supreme Court of Pennsylvania suspended in part to allow masters to hear partial physical custody cases. However, this rule should not be construed to require a court to appoint masters in partial physical custody or supervised physical custody cases. Nor should the rule be construed as inconsistent with Pa.R.C.P. Nos. 1915.4-1, 1915.4-2, or 1915.4-3 that provide for conference officers and hearing officers in custody cases.

The provisions of this Rule 1920.51 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended September 29, 1989, effective October 15, 1989, 19 Pa.B. 4451; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1953; amended July 15, 1994, effective January 1, 1995, 24 Pa.B. 3803; amended September 11, 1995, effective January 1, 1996, 25 Pa.B. 4097; amended July 8, 2010, effective September 6, 2010, 40 Pa.B. 4140; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397000) to (397002).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.52 Hearing by the Court. Decision. No Post-trial Relief. Decree.

(a) In claims involving:

(1) marital property;

(2) enforcement of marital agreements;

(3) alimony; or

(4) a contested action of divorce or for annulment,

the order of the court shall state the reasons for its decision. A motion for post-trial relief may not be filed to orders with the actions or claims enumerated in this subdivision.

(b) In claims involving:

(1) paternity;

(2) custody;

(3) counsel fees;

(4) costs and expenses;

(5) an uncontested action of divorce or annulment; or

(6) protection from abuse,

the order of the court may set forth only general findings. A motion for post-trial relief may not be filed to orders with the actions or claims enumerated in this subdivision.

Official Note

The procedure relating to motions for reconsideration is set forth in Rule 1930.2.

(c) The court need not determine all claims at one time but may enter a decree adjudicating a specific claim or claims. However, unless by agreement of the parties, no bifurcated decree of divorce shall be entered except as set forth in 23 Pa.C.S.A. § 3323(c.1). In any bifurcated decree entered by the court without the agreement of the parties, the court shall state with specificity the compelling circumstances that exist for the entry of the decree and the economic provisions sufficient to protect the non-moving party.

(d) In all cases the court shall enter a decree separately adjudicating each claim raised.

The Divorce Code was amended in 2004 to make it more difficult for the court to enter a bifurcated divorce decree absent the agreement of the parties. Section 3323(c.1) became effective on January 28, 2005 and limits the circumstances in which the court may enter a bifurcated decree, requiring the establishment of grounds for divorce, compelling circumstances for the entry of the decree and sufficient economic protections for the non-moving party.

The provisions of this Rule 1920.52 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended July 22, 1983, effective July 1, 1983, 13 Pa.B. 2254; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended March 23, 1987, effective July 1, 1987, 17 Pa.B. 1499; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1941; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended July 8, 2010, effective September 6, 2010, 40 Pa.B. 4140; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960. Immediately preceding text appears at serial pages (384539) to (384540).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.53 Hearing by Hearing Officer. Report.

In an action for divorce or annulment that has been referred to a hearing officer, the hearing officer’s report and recommendation shall include findings of fact, conclusions of law, and a recommended disposition of the case or issue.

(a) The findings of fact shall include, as appropriate for the circumstances and issues before the hearing officer:

(1) the method and date of service of process;

(2) the manner and date of service of the notice of the hearing officer’s hearing or the hearing officer’s efforts to notify the parties;

(3) the date and place of marriage;

(4) information relating to any prior marriage of the parties and proof of dissolution of such prior marriage;

(5) the residences of the parties at the time of the marriage and subsequent thereto, the actual length of time the parties have resided in the Commonwealth, and whether the residence requirement of Section 3104(b) of the Divorce Code has been met;

(6) the age and occupation of the parties;

(7) the initials and age of the children of the parties, if any, and with whom the children reside;

(8) the grounds upon which the action is based;

(9) defenses to the action, if any;

(10) whether the court should grant or deny the divorce, annulment, or other relief on the basis of the complaint, the counterclaim, if filed, or a motion requesting relief; and

(11) other relevant facts related to the appointment.

(b) The conclusions of law shall include a discussion of the law as it relates to the facts, as well as the legal conclusions reached by the hearing officer.

(c) If a divorce or an annulment is recommended, the hearing officer shall attach a proposed decree to the report and recommendation.

The provisions of this Rule 1920.53 amended September 11, 1995, effective January 1, 1996, 25 Pa.B. 4097; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397003) to (397004).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.54 Hearing by Hearing Officer. Report. Related Claims.

(a) If claims for counsel fees and costs and expenses have been referred to a hearing officer pursuant to Pa.R.C.P. No. 1920.51(a), the hearing officer’s report shall contain a separate section captioned ‘‘Counsel Fees and Costs and Expenses.’’ The report may be in a narrative form stating the reasons for the recommendation and shall include a proposed order stating:

(1) the amount;

(2) by and for whom it shall be paid; and

(3) the effective date of the order.

(b) If a claim for alimony has been referred to a hearing officer, the report shall contain a separate section captioned ‘‘Alimony.’’ The report shall conform to the requirements of subdivision (a) and, in addition, shall set forth:

(1) the findings required by Section 3701(a) of the Divorce Code,

(2) the relevant factors considered under Section 3701(b) of the Divorce Code,

(3) the nature, amount, duration and manner of payment of alimony, if any, and

(4) the reason or reasons for the recommended denial or award of alimony.

(c) If a claim for the determination and distribution of existing property rights and interests between the parties has been referred to a hearing officer, the report shall contain a separate section captioned ‘‘Division of Property.’’ The section shall be divided into two parts:

(1) one captioned ‘‘Marital Property,’’ listing all property to be designated as such and including a proposed equitable distribution thereof with a discussion of the relevant factors considered under Section 3502(a) of the Divorce Code; and

(2) one captioned ‘‘Nonmarital Property,’’ listing all property to be designated as such.

The provisions of this Rule 1920.54 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7113; amended May 6, 2015, effective July 1, 2015, 45 Pa.B. 2457; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397004) to (397005).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.55 [Rescinded].

The provisions of this Rule 1920.55 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended March 23, 1987, effective July 1, 1987, 17 Pa.B. 1499; rescinded September 11, 1995, effective January 1, 1996, 25 Pa.B. 4097. Immediately preceding text appears at serial pages (197011) to (197012).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.56 [Rescinded].

The provisions of this Rule 1920.56 adopted September 29, 1989, effective October 1, 1989, 19 Pa.B. 4450; rescinded July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960. Immediately preceding text appears at serial pages (384544) and (385507).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.61 Testimony Outside the County.

On motion of a party and upon such terms as it may order, the court may authorize and direct the hearing officer to take testimony of witnesses within any other county of the Commonwealth or in any other state or territory subject to the jurisdiction of the United States, or in any foreign country.

The provisions of this Rule 1920.61 amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial page (397008).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.62 Proceedings by Indigent Parties.

The procedures set forth in Pa.R.J.A. 1990 are incorporated herein and shall govern proceedings by indigent parties in divorce and annulment.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

The procedure for obtaining leave to proceed in forma pauperis in divorce and annulment matters as set forth in rescinded Rule 1920.62 was considerably less detailed than the procedure set forth in Rule 240, and did not prescribe a form petition for leave to proceed in forma pauperis. Practice is simplified by rescinding old Rule 1920.62 and directing indigent litigants in divorce and annulment matters to use the procedure and form petition set forth in Rule 240.

The provisions of this Rule 1920.62 amended April 19, 1995, effective July 1, 1995, 25 Pa.B. 1767; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2541. Immediately preceding text appears at serial page (407158).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.71 Form of Notice.

The notice required by Rule 1920.12(c) shall be substantially in the following form:

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.72 Form of Complaint. Affidavits under Section 3301(c) or Section 3301(d) of the Divorce Code. Counter-Affidavits.

(a) The complaint in an action of divorce under Section 3301(c) or Section 3301(d) shall begin with the Notice to Defend and Claim Rights required by Pa.R.C.P. No. 1920.71 and shall be substantially in the following form:

Plaintiff is

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.73 Notice of Intention to File Praecipe to Transmit Record. Waiver of Notice of Intention to File Praecipe to Transmit Record. Praecipe to Transmit Record.

(a) Notice of Intention to File the Praecipe to Transmit Record.

(1) If there is an attorney of record, the Notice of Intention to File the Praecipe to Transmit Record required by Pa.R.C.P. No. 1920.42(a)(1)(iv), (a)(2)(i), (b)(1)(v), (b)(2)(i), (c)(1)(v), and (c)(2)(i), shall be substantially in the following form:

TO:

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.74 Form of Motion for Appointment of Hearing Officer. Order.

(a) The motion for appointment of a hearing officer shall be substantially in the following form:

(Caption)

MOTION FOR APPOINTMENT OF HEARING OFFICER

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.75 Form of Inventory.

The inventory required by Pa.R.C.P. No. 1920.33(a) shall be substantially in the following form:

(Caption)INVENTORYOF

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.76 Form of Divorce Decree.

A decree in divorce shall be substantially in the following form:

(Caption)

DECREE

AND NOW,

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.91 Suspension of Acts of Assembly.

The following Acts of Assembly are suspended insofar as they apply to the practice and procedure in actions for divorce or annulment of marriage to the extent hereinafter set forth:

(1) Section 3104(e) of the Domestic Relations Code, 23 Pa.C.S. § 3104(e), absolutely;

Official Note

Suspended Section 3104(d) of the Divorce Code prescribes venue in actions of divorce or for annulment of marriage. Venue in such actions is prescribed by Rule of Civil Procedure 1920.2.

(2) Section 3505(b) of the Domestic Relations Code, 23 Pa.C.S. § 3505(b), absolutely;

Official Note

Suspended Section 3505(b) of the Divorce Code requires the submission to the court of an inventory and appraisement of property. Rule of Civil Procedure 1920.33(a) supplants this provision by requiring parties seeking the distribution of property to file an inventory while subdivision (b) of the rule requires the filing of a pre-trial statement.

(3) Section 3321 of the Domestic Relations Code, 23 Pa.C.S. § 3321, insofar as it prohibits the appointment of hearing officers in partial custody or visitation matters.

Official Note

Suspended Section 3321 of the Divorce Code states that the court may appoint a hearing officer to hear testimony on all issues relating to a divorce except custody or paternity.

(4) And all other Acts or parts of Acts of Assembly inconsistent with these rules to the extent of such inconsistency.

The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

231 Pa. Code Rule 1920.92 Effective Date. Pending Actions.

These rules shall become effective July 1, 1980. They shall not affect any suit or action pending on that date, but the case may be proceeded with and concluded under the rules in existence when such suit or action was instituted notwithstanding their rescission by this order, unless, upon application granted, the court orders that the action proceed under the Divorce Code and these rules.

History

Source: The provisions of this Rule 1920.91 amended February 7, 1989, effective July 1, 1989, 19 Pa.B. 764; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended July 15, 1994, effective January 1, 1994, 24 Pa.B. 3803; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397022) to (397023).

Chapter 1930 RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY

231 Pa. Code Rule 1930.1 Form of Caption. Confidential Information and Confidential Documents. Certification.

(a) Form of Caption.

(1) Except as set forth in subdivision (2), the caption in a domestic relations matter shall include the parties’ full names. The form of the caption shall be substantially in the following form:

In the Court of Common Pleas of ______________ County, Pennsylvania.

(2) In a custody action, the court may order that the case caption contain the parties’ initials rather than the parties’ names based on the sensitive nature of the facts in the case record and the child’s best interest.

Official Note

See Pa.R.C.P. No. 1915.10(b)(3).

(b) Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a document pursuant to these rules with the prothonotary’s office shall comply with the requirements of Sections 7.0 and 8.0 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form or a Confidential Document Form in accordance with the Policy.

Applicable authority includes but is not limited to statute, procedural rule, or court order. The Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (Policy) can be found on the website of the Supreme Court of Pennsylvania at https://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:

The Confidential Information Form and the Confidential Document Form can be found at https://www.pacourts.us/public-records.

Subdivision (a)(1) requires that the parties’ full names are used in a domestic relations case caption unless the court determines it necessary to protect the child’s identity by initializing the case caption in a custody action based on sensitive facts in the case and the child’s best interest. Generally, a child custody case does not include sensitive information or egregious facts that would cause embarrassment to a child and necessitate exceptional privacy measures; however, in the unusual circumstance that a custody action has egregious facts that may cause an issue for the child, the trial court would have the discretion to initialize the caption in order to maintain the child’s privacy interests.

Subdivision (a)(2) provides the exception to the general rule in subdivision (a)(1) for a custody action in which the court deems that the child could be adversely affected by the sensitive nature of the facts in the record. In a custody case in which the trial court determines the child’s best interest requires an initialized caption, Pa.R.C.P. No. 1915-10(b)(4) requires that additional privacy safeguards are in the written custody order or opinion entered by the court.

The rule’s requirement that a case caption use the parties’ full names does not alter a party’s or an attorney’s responsibilities under the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania and subdivision (b).

The provisions of this Rule 1930.1 adopted December 2, 1994, effective March 1, 1995, 24 Pa.B. 6293; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended October 22, 2020, effective January 1, 2021, 50 Pa.B. 6199; amended December 1, 2021, effective January 1, 2022, 51 Pa.B. 7620. Immediately preceding text appears at serial pages (403257) to (403258).

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.2 No Post-trial Practice. Motions for Reconsideration.

(a) There shall be no motions for post-trial relief in any domestic relations matter, including Protection of Victims of Sexual Violence or Intimidation matters.

Official Note

See Pa.R.C.P., No. 1957.

(b) A party aggrieved by the decision of the court may file a motion for reconsideration in accordance with Pa.R.A.P. 1701(b)(3). If the court does not grant the motion for reconsideration within the time permitted, the time for filing a notice of appeal will run as if the motion for reconsideration had never been presented to the court.

Official Note

Pennsylvania Rule of Appellate Procedure 903 states that the Notice of Appeal shall be filed within 30 days after the entry of the order from which the appeal is taken, except as otherwise set forth in that rule.

(c) The court shall render its reconsidered decision within 120 days of the date the motion for reconsideration is granted, except as set forth in subdivision (e). If the court’s decision is not rendered within 120 days, the motion shall be deemed denied.

(d) If the court does not enter a reconsidered decision within 120 days, the time for filing a notice of appeal will begin to run anew from the date of entry of the reconsidered decision or from the 121st day after the motion for reconsideration was granted.

(e) If the court grants the motion for reconsideration and files its order within the 30-day appeal period, the court may issue an order during the applicable 120-day period directing that additional testimony be taken. If the court issues an order for additional testimony, the reconsidered decision need not be rendered within 120 days, and the time for filing a notice of appeal will run from the date the reconsidered decision is rendered.

The provisions of this Rule 1930.2 adopted March 30, 1994, effective July 1, 1994, 24 Pa.B. 1941; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended October 6, 2016, effective January 1, 2017, 46 Pa.B. 6612. Immediately preceding text appears at serial pages (376559) to (376560).

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.3 Testimony by Electronic Means.

With the approval of the court upon good cause shown, a party or witness may be deposed or testify by telephone, audiovisual or other electronic means at a designated location in all domestic relations matters.

The provisions of this Rule 1930.3 adopted December 8, 1994, effective July 1, 1995, 24 Pa.B. 6399; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155. Immediately preceding text appears at serial page (256290).

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.4 Service of Original Process in Domestic Relations Matters.

(a) Personal Service.

(1) Persons Who May Serve. A sheriff or competent adult, as defined in Pa.R.Civ.P. 76, may effectuate personal service of original process in domestic relations matters, including Protection of Victims of Sexual Violence or Intimidation matters.

(2) Manner of Service.

(i) A sheriff or competent adult may serve original process:

(A) by handing a copy of the original process to the defendant;

(B) at the defendant’s residence by handing a copy of the original process to:

(I) an adult member of the family with whom the defendant resides; but if an adult family member is unavailable, then to an adult in charge of the residence; or

(II) the clerk or manager of the hotel, inn, apartment house, boarding house, or other place of lodging; or

(C) at the defendant’s office or usual place of business by handing a copy of the original process to the defendant’s agent or the person for the time being in charge; or

(ii) pursuant to special order of court.

(3) Service in Protection From Abuse and Protection of Victims of Sexual Violence or Intimidation Matters.

(i) If the sheriff or competent adult cannot complete personal service within 48 hours after a Protection From Abuse or a Protection of Victims of Sexual Violence or Intimidation petition is filed, the court may authorize alternative service by special order as set forth in subdivision (a)(2)(ii).

(ii) Alternative service may include, but is not limited to, service by mail pursuant to subdivision (b) or service by commercial carrier pursuant to subdivision (c).

(b) Service by Mail.

(1) In domestic relations matters, except Protection from Abuse and Protection of Victims of Sexual Violence or Intimidation matters, a party may serve the original process, a notice or order to appear, if required, and other orders or documents, as necessary, by United States Postal Service (USPS) first class regular and certified mail to the defendant’s last known address.

(i) The party serving the original process by mail shall:

(A) restrict delivery of the certified mail to the addressee only; and

(B) request a return receipt, which may be an electronic return receipt.

(ii) Completed Service by Mail. Service of original process is complete when:

(A) the return receipt bears the defendant’s purported signature indicating receipt of the certified mail;

(B) the return receipt acknowledges delivery of the certified mail to the defendant consistent with USPS policy and the first class regular mail is not returned within 15 days of mailing; or

(C) USPS returns the certified mail indicating the defendant refused delivery, but the first class regular mail is not returned within 15 days of mailing.

(iii) Incomplete Service by Mail.

(A) Service of original process is incomplete when:

(I) USPS returns the certified mail with a notation indicating that the mail was unclaimed by the defendant; or

(II) is otherwise inconsistent with subdivision (b)(1)(ii).

(B) If service by mail is incomplete, the party attempting service shall utilize another method pursuant to these rules to effectuate service.

(2) Protection from Abuse and Protection of Victims of Sexual Violence or Intimidation Matters. A party may serve original process by mail, if authorized by the court under subdivision (a)(2)(ii).

(1) In all domestic relations matters, except Protection from Abuse and Protection of Victims of Sexual Violence or Intimidation matters, a party may serve the original process, a notice or order to appear, if required, and other orders or documents, as necessary, by commercial carrier and USPS first class regular mail to the defendant’s last known address.

(i) The party serving the original process by commercial carrier shall:

(A) restrict delivery of the commercial carrier’s package to the defendant’s address only; and

(B) request that the commercial carrier provide a return receipt, which may be an electronic return receipt, detailing the date of delivery, the delivery address, and to whom the package was delivered.

(ii) Completed Service by Commercial Carrier. Service of original process is complete when:

(A) the return receipt bears the defendant’s purported signature indicating receipt of the commercial carrier’s package;

(B) the return receipt acknowledges delivery of the commercial carrier’s package to the defendant’s address consistent with the commercial carrier’s policy and the first class regular mail is not returned within 15 days; or

(C) the commercial carrier returns the package indicating the defendant refused delivery, but the first class regular mail is not returned within 15 days of mailing.

(iii) Incomplete Service by Commercial Carrier.

(A) Service of original process is incomplete when:

(I) the commercial carrier returns the package indicating that the package was unclaimed by the defendant; or

(II) is otherwise inconsistent with subdivision (c)(1)(ii).

(B) If service by commercial carrier is incomplete, the party attempting service shall utilize another service method pursuant to these rules.

(2) Protection from Abuse and Protection of Victims of Sexual Violence or Intimidation Matters. A party may serve original process by commercial carrier, if authorized by the court under subdivision (a)(2)(ii).

(d) Acceptance of Service. The defendant or the defendant’s authorized agent may accept service of original process as set forth in Pa.R.Civ.P. 402(b).

(e) Time for Service.

(1) Service Within the Commonwealth. Within 30 days of filing the original process, a person or party shall serve the original process on a defendant located within the Commonwealth.

(2) Service Outside of the Commonwealth.

(i) Within 90 days of filing the original process, a person or party shall serve the original process on a defendant located outside the Commonwealth as:

(A) authorized by this rule;

(B) provided by the law of the jurisdiction in which defendant will be served;

(D) directed by the foreign authority in response to a letter rogatory or request.

(ii) Protection from Abuse and Protection of Victims of Sexual Violence or Intimidation Matters.

(A) A person shall serve original process on a defendant located outside of the Commonwealth by personal service as provided:

(I) in subdivision (a); or

(II) by the law in the jurisdiction where the defendant resides or is located.

(B) If personal service is not completed within 48 hours after the filing of the original process, a person or party may serve a defendant located outside of the Commonwealth by other means authorized by this rule.

(f) Service of Original Process on an Incarcerated Party.

(1) A party serving original process on an incarcerated party in a domestic relations action shall include:

(i) a notice of any proceeding; and

(ii) a specific notice of the incarcerated party’s right to petition the court to participate in the proceeding.

(2) A party may petition the court to request that the incarcerated party participate in a proceeding when:

(i) the incarcerated party seeks to participate as provided by statute or rule; or

(ii) another party requires the incarcerated party’s participation or testimony.

(g) Reinstatement of Original Process.

(1) If a person or party cannot complete service within the time required by subdivision (e), the prothonotary shall reinstate the original process upon the party’s praecipe:

(i) accompanied by the original process; or

(ii) indicating that the original process has been lost or destroyed and accompanied by a substituted original process.

(2) A person or party shall serve the reinstated original process within the time periods set forth in subdivision (e).

(3) A party may:

(i) request the prothonotary reinstate the original process at any time or any number of times; or

(ii) name a new party defendant in a reinstated original process only if the complaint or petition has not been served on a defendant.

(h) Proof of Service.

(1) Original Process Served.

(i) A party or person serving the original process shall complete a proof of service, which shall be by an affidavit if an individual other than a sheriff serves the original process.

(ii) The proof of service shall state:

(A) the date and time of service;

(B) the place of service;

(D) the identity of the person served;

(E) other facts necessary for the court to determine whether proper service has been made; and

(F) the additional documents required in subdivision (h)(3), as necessary.

(2) Personal Service Pursuant to Subdivision (a). The proof of service shall be filed in the appropriate filing office within ten days of the date of service.

(3) Service by Mail or Commercial Carrier Pursuant to Subdivisions (b) or (c).

(i) Service Complete under Subdivision (b)(1)(ii)(A) or (c)(1)(ii)(A).

(A) The proof of service shall include the return receipt bearing the defendant’s purported signature; and

(B) The proof of service shall be filed within ten days of the date the defendant signed the return receipt.

(ii) Service Complete under Subdivision (b)(1)(ii)(B) or (c)(1)(ii)(B).

(A) The proof of service shall include:

(I) the return receipt or envelope acknowledging delivery to the defendant’s residence consistent with USPS or the commercial carrier’s policy; and

(II) an affidavit indicating the first class regular mail was not returned within 15 days of mailing.

(B) The proof of service shall be filed within ten days of the date:

(I) the return receipt acknowledges delivery to the defendant’s address consistent with USPS or the commercial carrier’s policy; and

(II) after the passage of time set forth in subdivisions (b)(1)(ii)(B) or (c)(1)(ii)(B).

(iii) Service Complete under Subdivision (b)(1)(ii)(C) or (c)(1)(ii)(C).

(A) The proof of service shall include:

(I) the return receipt or envelope acknowledging the attempted delivery to the defendant’s residence and that delivery had been refused; and

(II) an affidavit stating the first class regular mail was not returned within 15 days after mailing.

(B) The proof of service shall be filed within ten days of the date:

(I) the return receipt acknowledges the attempted delivery to the defendant’s address consistent with USPS or the commercial carrier’s policy; and

(II) after the passage of time set forth in subdivisions (b)(1)(ii)(C) or (c)(1)(ii)(C).

(4) Acceptance of Service Pursuant to Subdivision (d).

(i) If the defendant or the defendant’s authorized agent accepts service of the original process as authorized in subdivision (d), the defendant or the defendant’s authorized agent shall sign an Acceptance of Service on the form set forth in Pa.R.Civ.P. 402(b).

(ii) The Acceptance of Service shall be filed in the appropriate filing office within ten days of accepting service.

(5) Original Process Not Served.

(i) If a party or person cannot serve the defendant within the time allowed in subdivision (e), the party or person attempting service:

(A) shall complete a proof of no service promptly; and

(B) file the proof of no service in the appropriate filing office within ten days of the expiration of time allowed for service in subdivision (e).

(ii) If a party or a person other than a sheriff attempts service of the original process, the proof of no service shall be by an affidavit stating with particularity the efforts made to effect service.

(i) Appearance at Hearing or Conference. A party appearing for a hearing or conference will be deemed to have been served.

Additional alternative procedures for service outside the Commonwealth are set forth in 42 Pa.C.S. § § 5323 and 5329(2). For Protection from Abuse and Protection of Victims of Sexual Violence or Intimidation matters served outside of the Commonwealth, the party shall attempt personal service first before service can be made by certified and first class regular mail or by other means prescribed in subdivision (e)(2).

Subdivision (f) addresses service of original process on an incarcerated party, and the incarcerated party’s right to seek permission to appear and testify. See Vanaman v. Cowgill, 526 A.2d 1226 (Pa. Super. 1987) and Salemo v. Salemo, 554 A.2d 563 (Pa. Super. 1989).

The Domestic Relations Section is the filing office for child support, spousal support, and alimony pendente lite cases. See Pa.R.Civ.P. 1910.4(a).

The timing of an attorney’s solicitation of a prospective client in actions governed by the Family Court Rules, see Pa.R.Civ.P. 1931(a), and actions pursuant to the Protection of Victims of Sexual Violence or Intimidation Act, see 42 Pa.C.S. § § 62A03—62A20, are restricted until proof of service appears on the docket. See Pennsylvania Rule of Professional Conduct 7.3(b)(4).

The provisions of this Rule 1930.4 adopted October 2, 1995, effective January 1, 1996, 25 Pa.B. 4518; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended October 11, 2002, effective immediately, 32 Pa.B. 5263; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended March 4, 2014, effective in 30 days on April 3, 2014, 44 Pa.B. 1749; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended October 6, 2016, effective January 1, 2017, 46 Pa.B. 6612; amended September 12, 2018, effective September 28, 2018, 48 Pa.B. 6257; amended June 9, 2022, effective October 1, 2022, 52 Pa.B. 3579. Immediately preceding text appears at serial pages (393969) to (393972).

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.5 Discovery in Domestic Relations Matters.

(a) There shall be no discovery in a simple support, custody, Protection from Abuse, or Protection of Victims of Sexual Violence or Intimidation proceedings unless authorized by order of court.

(b) Discovery shall be available without leave of court in accordance with Pa.R.C.P. Nos. 4001—4025 in alimony, equitable distribution, counsel fees and expense, and complex support proceedings.

The provisions of this Rule 1930.5 adopted May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 5, 2001, effective immediately, 31 Pa.B. 3306; amended October 6, 2016, effective January 1, 2017, 46 Pa.B. 6612. Immediately preceding text appears at serial page (322447).

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.6 Paternity Actions. Scope. Venue. Commencement of Action.

(a) This rule shall govern the procedure by which a putative father may initiate a civil action to establish paternity and seek genetic testing. Such an action shall not be permitted if an order already has been entered as to the paternity, custody, or support of the child, or if a support or custody action to which the putative father is a party is pending.

(b) An action may be brought only in the county in which the defendant or the child(ren) reside.

(c) An action shall be commenced by filing a verified complaint to establish paternity and for genetic testing substantially in the form set forth in subdivision (1). The complaint shall have as its first page the Notice of Hearing and Order set forth in subdivision (2).

Official Note

(1) The complaint filed in a civil action to establish paternity shall be substantially in the following form:

Plaintiff,

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.7 Status Conference.

At any time in the proceedings, the court, the court’s designee or the hearing officer, sua sponte or upon application of any party, may hold a status conference, in person or by any other means permitted by these rules, with the parties’ counsel, the parties and counsel, or self-represented parties in order to review the case status and expedite the litigation.

The provisions of this Rule 1930.7 adopted August 18, 2006, effective immediately, 36 Pa.B. 5571; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial page (393974).

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.8 Self-Represented Party.

(a) A party representing himself or herself shall enter a written appearance which shall state an address, which need not be his or her home address, where the party agrees that pleadings and other legal papers may be served, and a telephone number through which the party may be contacted. The entry of appearance may include a facsimile number as provided by Pa.R.C.P. No. 1012.

(b) A self-represented party is under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

(1) Filing a written entry of appearance and directing the prothonotary/court clerk to remove the name of his or her counsel of record with contemporaneous notice to said counsel, or

(2) Filing an entry of appearance with the withdrawal of appearance signed by his or her attorney of record.

(d) The self-represented party shall provide a copy of the entry of appearance to all self-represented parties and attorneys of record.

(e) The assertion of self-representation shall not delay any stage of the proceeding.

(f) The entry of appearance of a self-represented party shall be substantially in the following form:

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.9 Family Court Forms.

Forms adopted by the Supreme Court of Pennsylvania and included in the Pennsylvania Rules of Civil Procedure relating to the practice and procedure of domestic relations matters shall be accepted for filing in all jurisdictions. Some of these forms may be maintained for public access at a website designated by the Supreme Court of Pennsylvania.

Official Note

Pa.R.C.P. No. 205.2 provides: ‘‘No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the prothonotary based on a requirement of a local rule of civil procedure or judicial administration. . . .’’

The provisions of this Rule 1930.9 adopted June 16, 2014, effective in 30 days on July 16, 2014, 44 Pa.B. 4168.

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1930.11 Signature.

When used in reference to documents filed pursuant to Pa.R.Civ.P. 1901—1959, a ‘‘signature’’ includes a handwritten signature, a copy of a handwritten signature, a computer-generated signature, or a signature created, transmitted, received, or stored by electronic means by the signer or by someone with the signer’s authorization, unless otherwise provided in these rules.

See also Pa.R.Civ.P. 76 (defining ‘‘signature’’).

This rule is intended to permit the use of other forms of signature to be deemed the equivalent of a handwritten or ‘‘wet’’ signature on documents, including, but not limited to, pleadings and verifications. A signatory, regardless of the use of a signature in any permitted form, remains subject to sanctions pursuant to the Pennsylvania Rules of Civil Procedure, and penalties and liability as permitted by law. See, e.g., Pa.R.Civ.P. 1023.4; Pa.R.Civ.P. 4019; 18 Pa.C.S. § 4904; 42 Pa.C.S. § § 2503, 8351.

An original of an agreement, including a stipulation for entry of an agreed upon order, is not required to be filed. A duplicate of the agreement shall be admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity, or the circumstances make it unfair to admit the duplicate. See Pa.R.E. 1003; Pa.R.Civ.P. 1019(i) (requiring a copy of an agreement to be attached to pleading).

The provisions of this Rule 1930.11 added November 26, 2025, effective January 1, 2026, 55 Pa.B. 8356.

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

231 Pa. Code Rule 1931 Family Court Rules.

(a) Actions Governed by These Rules.

(1) Divorce, Annulment, Dissolution of Marriage.

(i) Equitable Distribution.

(ii) Alimony/Alimony Pendente Lite.

(iii) Counsel Fees, Costs and Expenses.

(2) Child Custody.

(i) Legal Custody.

(ii) Physical Custody.

(iii) Partial Custody/Visitation.

(3) Support.

(i) Child Support.

(ii) Spousal Support.

(iii) Modification and Enforcement.

(4) Paternity.

(5) Protection From Abuse.

(b) Commencement of Action.

(1) Unified Family Court Docketing. All actions under these Family Court Rules which involve identical parties shall be entered on the court’s docket under the same primary case number. Additional letters or numbers may be added parenthetically to specify the type of action, judge assigned or other identifying information.

(2) Custody Agreements. If, at a support proceeding, it appears that resolution of custody issues will facilitate compliance with the child support order, the conference officer or hearing officer may provide the parties with a form custody complaint and form custody agreement, along with information as to where to file the completed documents, the filing fee, and how to contact the lawyers referral service. The support conference officer or hearing officer shall not participate in custody negotiations, preparation of the forms, or provide legal advice.

(1) General Rule. Two or more actions under these Family Court Rules involving the same parties and common questions of law and/or fact shall be consolidated for hearing or trial unless the court determines that it is inappropriate or impractical to do so.

(2) Trial Continuity. Trials before a judge or hearings before a hearing officer shall be scheduled to be heard on consecutive days or within a ten-day period. If not completed within the time allotted, the trial or hearing shall be concluded within 90 days of the date of the commencement of the trial or hearing, unless a shorter time frame is required by statute or another procedural rule.

(3) Prompt Decisions.

(i) Except as provided in subdivision (c)(3)(ii), in any matter brought under these Family Court Rules, a decision by a conference officer, hearing officer, or judge shall be entered, filed, and served upon counsel for the parties, or any party not represented by counsel, not later than 30 days after the conference, hearing, or trial concludes, unless a shorter time frame is required by statute or another procedural rule.

(ii) The time for entering and filing a decision may be extended if, within 30 days of the conclusion of the conference, hearing, or trial, the court extends the date for such decision by order entered of record showing good cause for the extension. In no event shall an extension delay entry of the decision more than 60 days after the conclusion of the conference, hearing, or trial.

(d) Continuing Education for Family Court Personnel.

(1) Program Development. Courses of instruction that include, at a minimum, the following topics shall be developed or approved by the Administrative Office of Pennsylvania Courts (AOPC):

(i) The substantive law and procedural aspects of the areas of law governed by these Family Court Rules;

(ii) Domestic violence;

(iii) Child development;

(iv) Family dynamics;

(v) Addictions and treatments;

(vi) Asset valuation;

(vii) Community resources.

(2) Initial Training. Within one year of assignment to cases governed by these Family Court Rules, each hearing officer, conciliator, mediator, and other court personnel designated by the president or administrative judge of each judicial district shall successfully complete the coursework developed or approved by the AOPC.

(3) Continuing Education. Each hearing officer, conciliator, mediator, and other court personnel designated by the president or administrative judge who is assigned to cases governed by these Family Court Rules shall successfully complete six hours of continuing education developed or approved by the AOPC each calendar year following the calendar year in which the initial training was completed.

(4) Compliance. The AOPC shall monitor compliance with the educational requirements of this rule.

The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

History

Source: The provisions of this Rule 1931 adopted December 17, 2002, effective immediately in the First, Fifth, Twenty-third and Forty-fifth Judicial Districts, 33 Pa.B. 13; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (393976) to (393977).

Chapter 1940 VOLUNTARY MEDIATION IN CUSTODY ACTIONS

231 Pa. Code Rule 1940.1 Applicability of Rules to Mediation.

The rules in this chapter shall apply to all court-established custody mediation programs and to any court-ordered mediation of individual custody cases.

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

231 Pa. Code Rule 1940.2 Definitions.

As used in this Chapter, the following terms shall have the following meanings:

‘‘Mediation,’’ the confidential process by which a neutral mediator assists the parties in attempting to reach a mutually acceptable agreement on issues arising in a custody action. Mediation is not a court proceeding; rather, it is an independent, non-record proceeding in lieu of court involvement for the purpose of assisting the parties to address the child’s best interest. An agreement reached by the parties must be based on the voluntary decisions of the parties and not the decision of the mediator. The agreement may resolve all or only some of the disputed issues. The parties are required to mediate in good faith but are not compelled to reach an agreement. While mediation is an alternative means of conflict resolution, it is not a substitute for the benefit of legal advice. The participants in mediation shall be limited to the parties to the custody action, primarily the child’s parents and persons acting as parents. Except as provided in Pa.R.C.P. No. 1940.5(c), non-parties, including children, grandparents, and the parties’ attorneys, shall not participate in the mediation.

Official Note

See Pa.R.C.P. No. 1915.1 for the definition of a person acting as a parent.

‘‘Memorandum of Understanding,’’ the written document prepared by a mediator that contains and summarizes the resolution reached by the parties during mediation. A Memorandum of Understanding is primarily for the benefit of the parties and is not legally binding on either party.

‘‘Orientation Session,’’ the initial process of educating the parties on the mediation process so that they can make an informed choice about continued participation in mediation. This process may be mandated by the court and may be structured to include either group or individual sessions. An orientation session may also include an educational program for parents and children on the process of divorce and separation and the benefits of mediation in resolving custody disputes.

The provisions of this Rule 1940.2 amended February 8, 2018, effective April 1, 2018, 48 Pa.B. 1095. Immediately preceding text appears at serial page (305183).

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

231 Pa. Code Rule 1940.3 Order for Orientation Session and Mediation. Selection of Mediator.

(a) Except as provided in (b), the court may order the parties to attend an orientation session at any time upon motion by a party, stipulation of the parties, or the court’s own initiative.

(b) The court may not order an orientation session if a party or a child of either party is or has been the subject of domestic violence or child abuse either during the pendency of the action or within 24 months preceding the filing of the action.

Official Note

See also Rule 1940.6(a)(4) requiring termination of mediation when the mediator finds that the proceeding is ‘‘inappropriate’’ for mediation. The mediator has a continuing ethical obligation, consistent with Rule 1940.4(b), during the mediation to screen for abuse and to terminate the mediation in the event he or she determines that the abuse renders the case unsuitable for mediation.

(c) Following the orientation session and with the consent of the parties, the court may refer the parties to mediation. The mediation may address any issues agreed to by the parties unless limited by court order.

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

231 Pa. Code Rule 1940.4 Minimum Qualifications of the Mediator.

(a) A mediator must have at least the following qualifications:

(1) a bachelor’s degree and practical experience in law, psychiatry, psychology, counseling, family therapy or any comparable behavioral or social science field;

(2) successful completion of basic training in domestic and family violence or child abuse and a divorce and custody mediation program approved by the Association for Conflict Resolution, American Bar Association, American Academy of Matrimonial Lawyers, or Administrative Office of Pennsylvania Courts;

(3) mediation professional liability insurance; and

(4) additional mediation training consisting of a minimum of 4 mediated cases totaling 10 hours under the supervision of a mediator who has complied with subdivisions (1) through (3) above and is approved by the court to supervise other mediators.

(b) The mediator shall comply with the ethical standards of the mediator profession as well as those of his or her primary profession and complete at least 20 hours of continuing education every two years in topics related to family mediation.

(c) A post-graduate student enrolled in a state or federally accredited educational institution in the disciplines of law, psychiatry, psychology, counseling, family therapy or any comparable behavioral or social science field may mediate with direct and actual supervision by a qualified mediator.

The provisions of this Rule 1940.4 amended July 21, 2004, effective immediately, 34 Pa.B. 4107. Immediately preceeding text appears at serial page (270832).

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

231 Pa. Code Rule 1940.5 Duties of the Mediator. Role of the Mediator.

(a) As part of the orientation session, the mediator must inform the parties in writing of the following:

(1) the costs of mediation;

(2) the process of mediation;

(3) that the mediator does not represent either or both of the parties;

(4) the nature and extent of any relationships with the parties and any personal, financial, or other interests that could result in a bias or conflict of interest;

(5) that mediation is not a substitute for the benefit of independent legal advice; and

(6) that the parties should obtain legal assistance for drafting any agreement or for reviewing any agreement drafted by the other party.

(b) When mediating a custody dispute, the mediator shall ensure that the parties consider fully the best interests of the child or children.

(c) With the consent of the parties, the mediator may meet with the parties’ children or invite other persons to participate in the mediation.

(d) The role of the mediator is to assist the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, and finding points of agreement.

Pa.R.J.A. 1990 provides procedures for obtaining leave to waive fees and costs when the parties do not have the financial resources to pay the costs of litigation. That rule applies to court-connected mediation services as well, so that parties without sufficient resources may file an application seeking a waiver or reduction of the costs of mediation.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Rule 1940.5 sets forth the mediator’s responsibilities to the parties. Subdivision (c) permits the participation of third persons with the consent of both parties. Such persons would include attorneys, other family members, mental health professionals or any other person who may be of assistance in resolving the disputed issues.

The provisions of this Rule 1940.5 amended February 8, 2018, effective April 1, 2018, 48 Pa.B. 1095; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2541. Immediately preceding text appears at serial page (390567).

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

231 Pa. Code Rule 1940.6 Termination of Mediation.

(a) Mediation shall terminate upon the earliest of the following circumstances to occur:

(1) a determination by the mediator that the parties are unable to reach a resolution regarding all of the issues subject to mediation;

(2) a determination by the mediator that the parties have reached a resolution regarding all of the issues subject to mediation;

(3) a determination by the mediator that the parties have reached a partial resolution and that further mediation will not resolve the remaining issues subject to mediation; or

(4) a determination by the mediator that the proceedings are inappropriate for mediation.

(b) If the parties reach a complete or partial resolution, the mediator shall, within 14 days, prepare and transmit to the parties a Memorandum of Understanding. At the request of a party, the mediator shall also transmit a copy of the Memorandum of Understanding to the party’s counsel.

(c) If no resolution is reached during mediation, the mediator shall, within 14 days, report this in writing to the court, without further explanation.

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

231 Pa. Code Rule 1940.7 Mediator Compensation.

Mediators shall be compensated for their services at a rate to be established by each court.

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

231 Pa. Code Rule 1940.8 Sanctions.

On its own motion or a party’s motion, the court may impose sanctions against any party or attorney who fails to comply or causes a party not to comply with these mediation rules. Sanctions may include an award of mediation costs and attorney fees, including those reasonably incurred in pursuing the sanctions.

Official Note

To the extent court orders are employed to direct parties regarding mediation, contempt proceedings may also be instituted to enforce these orders.

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

231 Pa. Code Rule 1940.9 Effective Date.

These rules shall not affect any existing mediation program established in any judicial district pursuant to local rule prior to October 29, 1999. However, any changes or amendments to any existing program shall be consistent with these rules.

The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

History

Source: The provisions of this Rule 1940.9 adopted October 27, 2000, effective immediately, 30 Pa.B. 5837.

Chapter 1950 ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT

231 Pa. Code Rule 1951 Definitions.

As used in this chapter: the Act—Act of Mar. 21, 2014, P. L. 365, No. 25 relating to the protection of victims of sexual violence or intimidation, 42 Pa.C.S. § § 62A01—62A20. action—a proceeding for protection from sexual violence or intimidation as defined in § 62A03 of the Act. court—the court of common pleas. emergency order—an order entered by a hearing officer, who is a person satisfying the definition set forth in 42 Pa.C.S. § 62A03. fees—any fees or costs, including but not limited to the filing, issuance, registration, service or appeal of a protection action under the Act, including any foreign protection order. temporary order or temporary protection order—an ex parte order entered by the court pursuant to 42 Pa.C.S. § 62A06(b). plaintiff—an individual who applies for a protection order, either for the benefit of that individual or on behalf of another individual. protection order or order—an order issued under the Act.

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

231 Pa. Code Rule 1952 Venue.

(a) An action for protection of victims of sexual violence or intimidation may be brought in a county where:

(1) the plaintiff resides, either temporarily or permanently;

(2) the plaintiff is employed;

(3) the defendant may be served; or

(4) the sexual violence or intimidation occurred.

(b) An action for indirect criminal contempt may be filed in, and heard by, the court in the county where the order was issued or the violation occurred.

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

231 Pa. Code Rule 1953 Commencement of Action.

(a) Except as provided in subdivision (b), an action shall be commenced by filing with the prothonotary a petition alleging the need for protection from the defendant with respect to sexual violence or intimidation. The petition shall be identical in content to the form set forth in Pa.R.C.P. No. 1959(b) and shall have the Notice of Hearing and Order set forth in Pa.R.C.P. No. 1959(a) as the first page(s).

(b) If an emergency order has been entered pursuant to 42 Pa.C.S. § 62A09, an action shall be commenced by filing with the prothonotary the certified emergency order and any documentation in support.

Official Note

The provisions of this Rule 1953 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial page (390158).

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

231 Pa. Code Rule 1954 Service of Original Process. Registration of Order. Service of Petition and Order. Fees.

(a) Service of the petition or certified emergency order, the notice and order scheduling the hearing and any temporary order in a protection of victims of sexual violence and intimidation action shall be in accordance with Pa.R.C.P. No. 1930.4 and consistent with the rules for service in protection from abuse matters.

(b) An Affidavit of Service, substantially in the form set forth in Pa.R.C.P. No. 1959(d), shall be filed with the prothonotary.

(c) Within 24 hours of entry of a protection order under the Act, the prothonotary shall transmit a copy of the order to the Pennsylvania State Police Statewide Registry in the manner prescribed by the Pennsylvania State Police.

(d) If a petition alleges an act of sexual violence perpetrated on a minor child, the prothonotary shall serve a copy of the petition and any protection order entered under the Act to the Department of Human Services of the Commonwealth and the county children and youth social service agency in the jurisdiction where the order was entered.

(e) Within two business days of any protection order under the Act being entered, the prothonotary shall serve a copy of the order to the police department, sheriff and district attorney in the jurisdiction where the order was entered.

(f) No fee shall be charged to the plaintiff for service of any protection order or pleading or for the registration, filing and service of any foreign protection order.

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

231 Pa. Code Rule 1955 Enforcement.

A plaintiff may file a private criminal complaint against a defendant alleging indirect criminal contempt for a violation of any provision of a protection order or agreement with the court, the Office of the District Attorney or the magisterial district judge in the jurisdiction or county where the violation occurred. However, in a county of the first class, a complaint may be filed only with the Family Division of the Court of Common Pleas or the Office of the District Attorney.

Official Note

See 42 Pa.C.S. § 62A13.

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

231 Pa. Code Rule 1956 No Responsive Pleading Required.

No pleading need be filed in response to the petition or the certified emergency order. All averments not admitted shall be deemed denied.

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

231 Pa. Code Rule 1957 Decision. Post-Trial Relief.

(a) The decision of the court may consist of only general findings of sexual violence and/or intimidation, but shall dispose of all claims for relief. The court’s final order shall be rendered identical in content to the form set forth in Pa.R.C.P. No. 1959(e).

(b) No motion for post-trial relief may be filed to the final order.

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

231 Pa. Code Rule 1958 Discontinuance or Modification.

(a) In cases in which a temporary protection order has not yet been granted or has been denied, a plaintiff in a protection of victims of sexual violence or intimidation action, who wishes to discontinue the action, may file a praecipe to discontinue, pursuant to Pa.R.C.P. No. 229, prior to the final order hearing. The plaintiff also may request the discontinuance by oral motion at a hearing.

(b) In cases in which a temporary protection order has been granted, a plaintiff who wishes to vacate the temporary order and discontinue the action shall either file a petition with the court prior to the final order hearing or make the request by oral motion at the final order hearing.

(c) If either party seeks a modification after a final protection order has been entered, the party shall petition the court to modify the final order. Modification may be ordered after the filing and service of the petition and a hearing on the petition pursuant to 42 Pa.C.S. § 62A17.

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

231 Pa. Code Rule 1959 Forms for Use in Protection of Victims of Sexual Violence or Intimidation Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order.

(a) The Notice of Hearing and Order required by Pa.R.C.P. No. 1953 shall be identical in content to the following form:

YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to appear, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition.

A hearing on the matter is scheduled for the

History

Source: The provisions of this Rule 1959 amended October 27, 2016, effective in 60 days, 46 Pa.B. 7164; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520. Immediately preceding text appears at serial pages (390160) to (390170).

Chapter 1960 FAMILY LAW ARBITRATION

231 Pa. Code Rule 1960 Applicability of Rules to Arbitration.

The rules in this chapter shall apply to court proceedings arising from the Uniform Family Law Arbitration Act, 42 Pa.C.S. § § 7371—7398 (hereinafter ‘‘Act’’).

The Act provides for limited judicial review of arbitration proceedings and awards. Readers are advised to consult the Act for the permitted bases for review, the timing for seeking review, and the conditions and limits on the scope of review. Petitioners are required to allege sufficient facts and cite the Act with specificity in support of the relief sought. See Pa.R.Civ.P. 1964(d)(1), 1965(d)(1).

The Act incorporates by reference the Revised Statutory Arbitration Act, 42 Pa.C.S. § § 7321.1—7321.31, where not inconsistent with provisions of the Act. See 42 Pa.C.S. § 7374(a).

History

Source: The provisions of this Chapter 1960 added December 31, 2025, effective April 1, 2026, 56 Pa.B. 351, unless otherwise noted.

231 Pa. Code Rule 1961 Petition for Judicial Relief—Forum.

A petition for judicial relief, as permitted by the Act, shall be filed in the appropriate forum:

(a) the court in which a proceeding is pending involving a dispute subject to arbitration under the Act; or

(b) if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.

See 42 Pa.C.S. § 7377(a).

History

Source: The provisions of this Chapter 1960 added December 31, 2025, effective April 1, 2026, 56 Pa.B. 351, unless otherwise noted.

231 Pa. Code Rule 1962 Petition for Judicial Relief—Compulsion.

(a) Compulsion by Party. A party seeking to compel arbitration of an arbitrable claim shall file a petition naming the other party as respondent.

(b) Service. The petition shall be served pursuant to Pa.R.Civ.P. 1930.4, unless the claim has previously been raised and remains pending before the court, in which case the petition shall be served in accordance with Pa.R.Civ.P. 440.

(1) The petition shall include an allegation that the claim sought to be reviewed is subject to an agreement to submit the claim to arbitration.

(2) The petition shall include an allegation that a notice to arbitrate was given in the manner specified in the arbitration agreement or, if there is no specified manner, pursuant to 42 Pa.C.S. § 7321.3.

(3) A copy of the notice to arbitrate shall be appended to the petition.

(4) A copy of the arbitration agreement shall be appended to the petition.

(d) Notice to File Answer. The petition shall contain a notice substantially in the following form:

The petition attached to this notice asks the court to enforce an agreement to submit claims to arbitration. If you oppose submission of this claim to arbitration, you must file an answer to the petition with the Prothonotary within 20 days of the date of service of this notice. If you fail to respond, this case will proceed to arbitration, and you may lose custody, money, property, or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

History

Source: The provisions of this Chapter 1960 added December 31, 2025, effective April 1, 2026, 56 Pa.B. 351, unless otherwise noted.

231 Pa. Code Rule 1963 Petition for Judicial Relief: Prior to Arbitration Award.

A petition seeking judicial relief prior to an arbitration award not otherwise specified in this Chapter shall conform to the requirements of Pa.R.Civ.P. 1964(a)—(d) and contain a notice substantially in the following form:

To: (Name of Adverse Party)

You are hereby notified to file a written response to the enclosed petition within 20 days of the date of service of this notice or an order may be entered against you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

History

Source: The provisions of this Chapter 1960 added December 31, 2025, effective April 1, 2026, 56 Pa.B. 351, unless otherwise noted.

231 Pa. Code Rule 1964 Petition for Judicial Relief: Arbitration Award.

(a) Petition. A party seeking to confirm, amend, correct, or vacate an arbitrator’s award shall file a timely petition naming the other party as respondent.

(b) Docket Number. If the claim has been raised in a matter stayed pending arbitration, or a petition pursuant to Pa.R.Civ.P. 1963 has been previously filed, the petition shall be filed on that docket. Otherwise, the petition shall be filed as a new action in conformity with the forum requirement of Pa.R.Civ.P. 1961.

(c) Service. If the claim has been raised in a matter stayed pending arbitration, or a petition pursuant to Pa.R.Civ.P. 1963 has been previously filed, the petition shall be served in accordance with Pa.R.Civ.P. 440. Otherwise, the petition shall be served pursuant to Pa.R.Civ.P. 1930.4.

(d) Contents of Petition.

(1) The petition shall allege sufficient facts and cite the Act with specificity in support of the relief sought.

(2) A copy of the arbitrator’s award shall be appended to the petition.

(e) Notice to File Answer. The petition shall contain a notice substantially in the following form:

A party to these proceedings has filed a petition to (confirm/amend/correct/vacate) an arbitration award. If you oppose the petition, you are required to file an answer to the petition within 20 days of the date of service of this notice setting forth your objections to the petition. If you fail to file an answer, a court order based on the arbitration award may be entered against you without further notice. You may lose custody, money, property, or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

History

Source: The provisions of this Chapter 1960 added December 31, 2025, effective April 1, 2026, 56 Pa.B. 351, unless otherwise noted.

231 Pa. Code Rule 1965 Petition for Judicial Relief: Post-Confirmation.

(a) Petition. A party seeking to modify or enforce a confirmed arbitration award shall file a petition naming the other party as respondent.

(b) Docket Number. The petition shall be filed on the same docket in which the award was confirmed.

(d) Contents of Petition.

(1) The petition shall allege sufficient facts and cite the Act with specificity in support of the relief sought.

(2) A copy of the confirmed arbitration award shall be appended to the petition.

(e) Support-Related Petition. If the petition seeks the collection or enforcement by the domestic relations section of a confirmed arbitration award for support, the petition shall be accompanied by the contemporaneous filing of a support complaint if one has not previously been filed.

(f) Notice to File Answer. The petition shall contain a notice substantially in the following form:

A party to these proceedings has filed a petition to (modify/enforce) a confirmed arbitration award. If you oppose the petition, you are required to file an answer to the petition within 20 days of the date of service of this notice setting forth your objections to the petition. If you fail to file an answer, a court order based on the arbitration award may be entered against you without further notice. You may lose custody, money, property, or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

History

Source: The provisions of this Chapter 1960 added December 31, 2025, effective April 1, 2026, 56 Pa.B. 351, unless otherwise noted.

Chapter 2000 ACTIONS BY REAL PARTIES IN INTEREST

231 Pa. Code Rule 2001 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules.

The provisions of this Rule 2001 adopted February 14, 1939, effective September 4, 1939; amended January 4, 1952, effective July 1, 1952; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255291).

History

Source: The provisions of this Rule 2025 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159480) to (159481).

231 Pa. Code Rule 2002 Prosecution of Actions by Real Parties in Interest. Exceptions.

(a) Except as otherwise provided in clauses (b), (c) and (d) of this rule, all actions shall be prosecuted by and in the name of the real party in interest, without distinction between contracts under seal and parol contracts.

(b) A plaintiff may sue in his or her own name without joining as plaintiff or use-plaintiff any person beneficially interested when such plaintiff

(1) is acting in a fiduciary or representative capacity, which capacity is disclosed in the caption and in the plaintiff’s initial pleading; or

(2) is a person with whom or in whose name a contract has been made for the benefit of another.

(d) Clause (a) of this rule shall not be mandatory where a subrogee is a real party in interest.

The provisions of this Rule 2002 adopted February 14, 1939, effective September 4, 1939; amended October 29, 1941; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190553).

History

Source: The provisions of this Rule 2025 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159480) to (159481).

231 Pa. Code Rule 2003 Defenses, Counterclaims and Setoffs.

The prosecution of any action in the name of the real party in interest shall not affect any defense, counterclaim or setoff which might otherwise be asserted against the claim or demand thus prosecuted.

The provisions of this Rule 2003 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2025 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159480) to (159481).

231 Pa. Code Rule 2004 Transfer of Interest in Pending Action.

If a plaintiff has commenced an action in his or her own name and thereafter transfers the interest therein, in whole or in part, the action may continue in the name of the original plaintiff, or upon petition of the original plaintiff or of the transferee or of any other party in interest in the action, the court may direct the transferee to be substituted as plaintiff or joined with the original plaintiff.

The provisions of this Rule 2004 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190554).

History

Source: The provisions of this Rule 2025 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159480) to (159481).

231 Pa. Code Rule 2005 Unknown Defendant. Doe Designation.

(a) This rule shall only apply to in personam actions.

(b) The plaintiff or joining party may designate an unknown defendant by a Doe designation in a complaint provided that:

(1) a defendant’s actual name is unknown to the plaintiff or joining party after having conducted a reasonable search with due diligence;

(2) the Doe designation is averred to be fictitious;

(3) a factual description of the unknown defendant is averred with sufficient particularity for identification; and

(4) the plaintiff or joining party avers that a reasonable search to determine the actual name has been conducted.

Official Note

This rule does not authorize use of a Doe designation in an action commenced by a writ of summons.

The unknown defendant should be designated by a Doe designation such as John Doe or Jane Doe.

(c) Within 20 days after the actual name of the defendant has been identified, the plaintiff or joining party shall file a motion to amend the complaint pursuant to this rule and Rule 1033 by replacing the Doe designation with the defendant’s actual name. An affidavit shall be attached to the motion describing the nature and extent of the investigation that was made to determine the identity of the defendant, and the date upon and the manner in which the defendant’s actual name was identified.

Official Note

Rule 1033 and this rule govern the requirements for amending a complaint to replace a Doe designation with the actual name of a defendant.

(d) The court shall grant a motion to amend filed pursuant to subdivision (c) unless the court finds that the party seeking the amendment failed to exercise due diligence in identifying the actual name of the defendant.

(e) A defendant introduced to an action by its actual name in an amended complaint, after the filing of a motion pursuant to subdivision (c) and the court’s ruling, may respond by preliminary objection challenging compliance with this rule, asserting prejudice or any other ground set forth in Rule 1028.

(f) No subpoena in aid of discovery relating to a defendant identified by a Doe designation may be issued or be served without leave of court upon motion stating with particularity from whom information is sought and how the discovery will aid in identification of the unknown defendant. In deciding the motion, the court shall weigh the importance of the discovery sought against unreasonable annoyance, embarrassment, oppression, burden, or expense to any person or party from whom the discovery is sought, and prejudice to any person or entity suspected of being the unknown defendant. Leave to serve a subpoena in aid of discovery does not preclude a challenge to the subpoena by the person or entity served.

(g) No final judgment may be entered against a defendant designated by a Doe designation.

The provisions of this Rule 2005 adopted January 24, 2019, effective April 1, 2019, 49 Pa.B. 608.

History

Source: The provisions of this Rule 2025 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159480) to (159481).

231 Pa. Code Rule 2024 Effective Date. Pending Actions.

These rules shall become effective on the fourth day of September, 1939, but shall not apply to actions pending at that time.

The provisions of this Rule 2024 adopted February 14, 1939, effective September 4, 1939.

History

Source: The provisions of this Rule 2025 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159480) to (159481).

231 Pa. Code Rule 2025 [Rescinded].

The provisions of this Rule 2025 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159480) to (159481).

History

Source: The provisions of this Rule 2025 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159480) to (159481).

Chapter 2020 MINORS AS PARTIES

231 Pa. Code Rule 2026 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules;

‘‘guardian,’’ except where the context otherwise indicates, means the party representing the interest of a minor party in any action, whether as (a) the guardian of a minor appointed by any court of competent jurisdiction, (b) a person in the nature of a next friend selected to represent a minor plaintiff in an action, or (c) a guardian ad litem specially appointed by the court in which the action is pending;

Official Note

A testamentary guardian is not included as such within the above definition of guardian. A testamentary guardian may, however, obtain the right to represent the minor in litigation, not in the capacity as testamentary guardian, but by qualifying as a guardian within the above definition either by selection under clause (b) or appointment under clause (c).

‘‘judgment’’ means any final judgment or final order entered in any action.

The provisions of this Rule 2026 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended December 16, 2003, effecive July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255293).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2027 Guardian to Represent Minor.

When a party to an action, a minor shall be represented by a guardian who shall supervise and control the conduct of the action in behalf of the minor.

The provisions of this Rule 2027 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (220899) to (220900).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2028 Actions By and Against Minors. Averments in Plaintiff’s Pleading.

(a) An action in which a minor is plaintiff shall be entitled ‘‘A, a Minor, by B, Guardian,’’ against the party defendant. The minor shall be designated by the initials of his or her first and last name.

Official Note

Under the above rule the representative of a minor plaintiff is termed a ‘‘guardian’’ regardless of whether under prior practice he or she would be termed a legal guardian or a next friend.

(b) The initial pleading filed in behalf of a minor plaintiff shall state the name and address of his or her guardian and the guardian’s relationship, if any, to the subject matter of the action or to any of the parties thereto. In case the person selected as guardian is a guardian appointed by any court of competent jurisdiction or by a will duly probated, the initial pleading shall contain a reference to the record of the appointment.

(c) An action in which a minor is the defendant shall be commenced against the minor in the manner in which a like action is commenced against an adult. The minor shall be designated by the initials of his or her first and last name.

Official Note

An action against a minor is begun in the same manner as an action against an adult, although by Rule 2034 as under prior practice, the subsequent appointment of a guardian to represent the minor is essential to the rendition of a valid judgment against the minor.

Official Note

The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 205.6.

The provisions of this Rule 2028 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 475; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3519. Immediately preceding text appears at serial page (390172).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2029 Service Upon Minors. [Rescinded].

[Rescinded]

Official Note

For service of original process when the defendant is a minor, see Rule 420. For service of other legal papers, see Rule 441(a).

The provisions of this Rule 2029 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (22305).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2030 Setoffs and Counterclaims.

In an action brought on behalf of a minor the defendant may assert any setoff or counterclaim which the defendant has against the minor.

Official Note

Under these rules, the next friend of the minor plaintiff is replaced by a guardian who combines the functions of liability for costs and supervision of the action and whose presence enables the defendant to assert cross or counterclaims against the minor plaintiff. This prevents a decision such as Hess v. Gerhart, 43 Lanc. 585 (1933), in which it was held that since the minor plaintiff in a trespass case was suing by his next friend the defendant could not make a counterclaim for injuries arising from the same accident and that the appointment of a guardian ad litem to defend against such counterclaim was necessary before such counterclaim could be asserted.

The provisions of this Rule 2030 adopted February 14, 1939, effective September 4, 1939; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (220900) to (220901).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2031 Selection and Appointment of Guardians.

(a) A minor plaintiff may select a guardian, but such selection shall not bar the court from removing the guardian for cause in accordance with these rules.

(b) If a minor party to an action is not represented, the court shall appoint a guardian for the minor either upon its own motion or upon the petition of (1) the minor party, (2) a guardian of the minor appointed by any court of competent jurisdiction, or by a will duly probated, (3) any relative of the minor, or (4) any other party to the action.

(c) The petition shall state the name and address of the person proposed as guardian, and the guardian’s relationship, if any, to the subject matter of the action or to any of the parties thereto. In case the person proposed as guardian is a guardian appointed by any court of competent jurisdiction or by a will duly probated, the petition shall contain a reference to the record of such appointment.

(d) When the petition is filed by the minor the court may make the appointment ex parte.

(e) When the petition is filed by a person other than the minor, the court shall direct a rule to be served upon the minor or upon such other person as the court may designate to show cause why the prayer of the petition should not be granted.

The provisions of this Rule 2031 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective May 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220901).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2032 Affidavit as to Age.

A party to an action may file and serve on any other party thereto a rule as of course to file of record an affidavit setting forth whether the other party is an adult or a minor.

The provisions of this Rule 2032 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective May 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220901).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2033 Removal of Guardian.

(a) A person who is entitled to apply for the appointment of a guardian for a minor may petition the court for a rule to show cause why the guardian representing the minor in an action should not be removed and another guardian be substituted.

(b) The petition shall be in substantially the same form as the petition for the appointment of a guardian under these rules and shall set forth the reasons why the substitution should be made.

The provisions of this Rule 2033 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2034 Procedure When Minority of a Party is Ascertained.

(a) If the minority of a party is ascertained before trial, the only remedy available to any other party desiring to object to the non-representation of the minor shall be the right to apply for the appointment of a guardian for the minor and a stay of proceedings pending such appointment.

(b) If the minority of a party is first ascertained during the trial, the court may forthwith appoint a guardian of its own motion or upon the oral application of any person entitled under these rules to file a petition for the appointment of a guardian. In such cases the information required by these rules in petitions for such appointments shall be stated on the record.

(c) If the appointment of a guardian is made during the trial, the court may grant a continuance to enable the guardian properly to present the minor’s case. The court may refuse a continuance if the minor has previously filed an affidavit asserting his or her majority.

(d) If, after the conclusion of the trial, or after the entry of a finding, verdict or judgment against a minor, application is made for the appointment of a guardian for a minor against whom any relief is sought, the court shall, in either case, forthwith appoint a guardian for such minor, and may vacate the finding, verdict or judgment and may enter an order in the nature of a procedendo.

The provisions of this Rule 2034 adopted February 14, 1939, effective September 4, 1939; amended October 26, 1939, effective October 26, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220902).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2035 Nonsuit. Directed Verdict. Judgment Notwithstanding the Verdict. New Trials.

The non-representation of a minor plaintiff may not be assigned by a defendant as a ground for a nonsuit, directed verdict, or judgment in favor of any party, but may be assigned by the minor plaintiff as ground for a new trial when a setoff or counterclaim has been successfully asserted against the minor plaintiff.

The provisions of this Rule 2035 adopted February 14, 1939, effective September 4, 1939; amended through October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629. Immediately preceding text appears at serial page (22308).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2036 Affidavits by Minors.

Affidavits which are required to be made by a party to an action, including affidavits to the pleadings, may be made by a minor if the minor has sufficient mental capacity to understand the contents of the paper to which the affidavit is made and to appear in court as a witness. If the minor lacks such capacity, such affidavits shall be made by any competent person having knowledge or information as to the facts averred therein and shall state the reason for the minor’s lack of capacity to make such affidavit.

The provisions of this Rule 2036 adopted February 14, 1939, effective September 4, 1939; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220903).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2037 Minor Becoming of Age During Pendency of Action.

(a) When a minor reaches majority during the pendency of the action, the minor or the minor’s guardian may have the record amended to remove the name of the guardian.

(b) When such amendment of the record has been completed, the guardian shall be relieved of all liability for costs.

The provisions of this Rule 2037 adopted February 14, 1939, effective September 4, 1939; amended December 22, 1972, effective December 22, 1972; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220903).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2038 Judgments and Costs.

A judgment entered in an action shall be the obligation of the minor only. A guardian shall not be individually liable for the payment of any judgment entered against the minor. The guardian shall also not be individually liable for any of the costs of the action except costs taxed against a minor plaintiff, and costs taxed against a minor defendant asserting a setoff or counterclaim.

The provisions of this Rule 2038 adopted February 14, 1939, effective September 4, 1939.

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2039 Compromise, Settlement, Discontinuance and Distribution.

(a) No action to which a minor is a party shall be compromised, settled or discontinued except after approval by the court pursuant to a petition presented by the guardian of the minor.

(b) When a compromise or settlement has been so approved by the court, or when a judgment has been entered upon a verdict or by agreement, the court, upon petition by the guardian or any party to the action, shall make an order approving or disapproving any agreement entered into by the guardian for the payment of counsel fees and other expenses out of the fund created by the compromise, settlement or judgment; or the court may make such order as it deems proper fixing counsel fees and other proper expenses. The balance of the fund shall be paid to a guardian of the estate of the minor qualified to receive the fund, if the minor has one or one is to be appointed. The balance of the fund payable to the guardian of the estate may include a structured settlement underwritten by a financially responsible entity that assumes responsibility for future payments or a trust as described in subdivision (b)(4) of this rule. If the minor has no such guardian and none is to be appointed, the court may order:

(1) an amount not more than twenty-five thousand dollars ($25,000.00) to be paid for the benefit of the minor to the guardian of the person or to the natural guardian or to the person or agency by whom the minor is maintained or to the minor;

Official Note

The amount payable under subparagraph (1) conforms to the amount set forth in Section 5101 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 5101, relating to when a guardian is unnecessary.

(2) any amount in cash of a resident or non-resident minor to be deposited in one or more savings accounts in the name of the minor in banks, building and loan associations, savings and loan associations or credit unions, deposits in which are insured by a Federal governmental agency, provided that the amount deposited in any one such savings institution shall not exceed the amount to which accounts are thus insured, or in one or more accounts in the name of the minor investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions. Every such order shall contain a provision that no withdrawal can be made from any such account until the minor attains majority, except as authorized by a prior order of the court. Proof of the deposit shall be promptly filed of record;

Official Note

The order should provide for deposits in more than one savings institution if future accrued interest may reasonably be expected to increase a single deposit beyond the insured limit.

For the definition of savings account, see Rule 76.

The rule contemplates the deposit of money in an account investing in federally guaranteed securities, withdrawals from which may be blocked, and not the direct investment in a particular security.

(3) an agreement be executed providing for a structured settlement underwritten by a financially responsible entity that assumes responsibility for future payments. All moneys paid from the structured settlement during minority shall be paid into a restricted account as provided by subdivision (b)(2) of this rule;

(4) a trust agreement be executed with a corporate fiduciary which is independent from the minor and anyone acting on the minor’s behalf and is lawfully authorized to engage in trust business in Pennsylvania or the state of the minor’s domicile, which trust

(i) is designated to receive the fund;

(ii) contains such terms for investment, disbursement and distribution of the fund as the court deems proper; and

(iii) expressly provides that it is subject to the court’s continuing jurisdiction, including the court’s right to modify or terminate, for cause shown, although the trust may be otherwise irrevocable.

Official Note

This rule permits the use of a trust, including a special needs trust.

(c) When a judgment has been entered in favor of a minor plaintiff and no petition has been filed under the provisions of subdivision (b) of this rule, the amount of the judgment or any part thereof shall be paid only to a guardian of the estate of the minor qualified to receive the fund, unless the court, on its own motion or on petition of a person, not a party to the action, representing the interest of the minor, enters an order under subdivision (b) of this rule.

(d) Nothing contained in this rule shall prevent the payment into court of any money by the defendent.

Official Note

The amendments to Rules 2039, 2064 and 2206 conform the Rules to the recent amendments to the Probate Estates and Fiduciaries Code made by Act 293 of 1974, 20 Pa.C.S. § § 5101, 5103, 5505.

The provisions of this Rule 2039 adopted February 14, 1939, effective September 4, 1939; amended May 17, 1950; amended September 25, 1956, effective forthwith; amended April 2, 1962, effective forthwith; amended July 22, 1970, effective July 22, 1970; amended June 25, 1975, effective immediately, 5 Pa.B. 1817; amended October 3, 1996, effective January 1, 1997, 26 Pa.B. 4985. Immediately preceding text appears at serial pages (159488) to (190557).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2049 Effective Date. Pending Actions.

These rules shall become effective on the fourth day of September, 1939, and shall apply to actions pending at that time.

The provisions of this Rule 2049 adopted February 14, 1939, effective September 4, 1939.

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

231 Pa. Code Rule 2050 [Rescinded].

The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

History

Source: The provisions of this Rule 2050 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159489) to (159490).

Chapter 2050 INCAPACITATED PERSONS AS PARTIES

231 Pa. Code Rule 2051 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules;

‘‘guardian,’’ except where the context otherwise indicates, means the guardian or other fiduciary appointed by a court of competent jurisdiction for the person or estate of an incapacitated person;

‘‘incapacitated person’’ means an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that the person is partially or totally unable to manage financial resources or to meet the essential requirements for physical health and safety;

‘‘confined’’ means legally committed or voluntarily or involuntarily restrained because of incapacity.

The provisions of this Rule 2051 adopted June 2, 1941, effective February 2, 1942; amended June 23, 1975, effective immediately, 5 Pa.B. 1817; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (256293).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2052 [Rescinded].

The provisions of this Rule 2052 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159492).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2053 Guardian to Represent Incapacitated Person.

(a) A plaintiff who is an incapacitated person shall be represented by a guardian or by a guardian ad litem who shall supervise and control the conduct of the action in the plaintiff’s behalf.

(b) A defendant who is an incapacitated person shall be represented by a guardian. If the defendant has no guardian, or if the guardian is not served with process in this Commonwealth and does not voluntarily appear in the action, the defendant shall be represented by a guardian ad litem. The guardian or guardian ad litem shall supervise and control the conduct of the action in the defendant’s behalf.

Official Note

See Rules 2056(a) and 2057, as to the procedure and effect of an action brought by an incapacitated plaintiff who is not represented by a guardian or a guardian ad litem.

The provisions of this Rule 2053 adopted June 2, 1941, effective February 2, 1942; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159492).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2054 Actions By and Against Incapacitated Persons. Averments in Plaintiff’sPleadings.

(a) An action in which a plaintiff is incapacitated shall be entitled ‘‘A, An Incapacitated Person, by B, Guardian,’’ against the defendant.

Official Note

See Rules 2056(a) and 2057, as to the procedure and effect of an action brought by an incapacitated plaintiff who is not represented by a guardian or a guardian ad litem.

(b) The initial pleading filed in behalf of a plaintiff who is incapacitated shall state the name and address of the plaintiff’s guardian, if any, the nature of the guardianship and a reference to the record of the guardian’s appointment.

(c) An action in which a defendant is an incapacitated person shall be commenced against the defendant by name in the manner in which a like action is commenced against an adult who is not incapacitated.

The provisions of this Rule 2054 adopted June 2, 1941, effective February 2, 1942; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial page (220908).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2055 Service on Incompetents. [Rescinded].

[Rescinded].

Official Note

For service of original process when the defendant is an incapacitated person, see Rule 421. For service of other legal papers, see Rule 441(b).

The provisions of this Rule 2055 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; note amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159493).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2056 Procedure When Incapacity of a Party is Ascertained.

(a) If, at any time during the pendency of the action, the court shall find that the plaintiff is an incapacitated person, who is not represented in the action by a guardian or a guardian ad litem, the court shall either

(1) forthwith appoint a guardian ad litem; or

(2) stay all proceedings and enter an order directing that the plaintiff be represented in the action by a guardian within such reasonable time as the court shall direct. Notice of such order shall be given to such persons and in such manner as the court may direct. If a guardian is not appointed within the specified time, the court shall appoint a guardian ad litem.

(b) If, at any time before trial, the court shall find that the defendant is an incapacitated person who is not represented in the action by a guardian or guardian ad litem the plaintiff shall forthwith give notice, by registered mail or in such other manner as the court by local rule or special order shall direct, of the pendency, subject matter and number of the action. Such notice shall be given to the guardian of the defendant appointed by a court of competent jurisdiction within this Commonwealth. If the defendant has no such guardian the plaintiff shall petition the court in which the action is pending for the appointment of a guardian ad litem and the notice, together with any additional notice of the application for the appointment of a guardian ad litem, shall be given in like manner to

(1) the guardian of the defendant appointed by a court of competent jurisdiction outside this Commonwealth, or, if he has no such guardian, then

(2) the person in charge for the time being of the institution either within or without this Commonwealth in which the defendant is confined or, if not confined, then

(3) an adult next of kin or the person with whom the defendant resides, and to

(4) such other person, if any, as the court may direct.

(c) If, at any time during the trial of an action, the court shall find that the defendant is an incapacitated person who is not represented in the action by a guardian or guardian ad litem, the court shall either

(1) forthwith appoint a guardian ad litem, or

(2) stay all proceedings until the defendant is represented in the action by a guardian. If the defendant has a guardian, the guardian shall be given notice of the pendency of the action in the manner provided by subdivision (b) of this rule. If the defendant is not represented by a guardian in the action within such reasonable time as the court shall direct, the court shall appoint a guardian ad litem for the defendant.

(d) If, at any time after the conclusion of the trial, or after the entry of a finding, verdict or judgment against a party from whom relief is sought, the court shall find that such party was incapacitated at the time of the entry of such finding, verdict or judgment and was not represented in the action by a guardian or a guardian ad litem, the court may vacate the finding, verdict or judgment and may enter an order in the nature of a procedendo.

(e) A finding of incapacity shall be based either on evidence presented to the court in which the action is pending, or on an adjudication of incapacity entered by a court of competent jurisdiction.

The provisions of this Rule 2056 adopted June 2, 1941, effective February 2, 1942; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended November 14, 1978, 8 Pa.B. 3410; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial pages (159493) to (159494).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2057 Nonsuit. Directed Verdict. Judgment Notwithstanding the Verdict. New Trial.

The non-representation of a plaintiff who is incapacitated may not be assigned by a defendant as a ground for a nonsuit, directed verdict, or judgment in favor of any party, but may be assigned on behalf of the incapacitated plaintiff as ground for a new trial when a setoff or counterclaim has been successfully asserted against the incapacitated plaintiff.

The provisions of this Rule 2057 adopted June 2, 1941, effective February 2, 1942; amended through October 19, 1983, effective Janaury 1, 1984, 13 Pa.B. 3629; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial pages (159494) to (159495).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2058 Setoffs and Counterclaims.

In an action brought by or against an incapacitated person the defendant may assert any setoff or counterclaim against the plaintiff.

The provisions of this Rule 2058 adopted June 2, 1941, effective February 2, 1942; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159495).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2059 Form of Application for a Guardian Ad Litem.

A petition for the appointment of a guardian ad litem shall state the name and address of the person proposed, and the person’s relationship, if any, to the subject matter of the action or to any of the parties thereto. It shall contain also an averment that to the best of petitioner’s information and belief the incapacitated person has no guardian, or that the guardian cannot be served with process in this Commonwealth.

The provisions of this Rule 2059 adopted June 2, 1941, effective February 2, 1942; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159495).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2060 Removal of Guardian Ad Litem and Appointment of Substitute.

(a) The court, on its own motion or upon the petition of any party in interest, may remove the guardian ad litem of an incapacitated party and substitute the person’s guardian or another guardian ad litem.

(b) The petition shall state the name and address of the person proposed, and the person’s relationship, if any, to the subject matter of the action or to any of the parties thereto. In case the person proposed is the guardian of the incapacitated person the petition shall contain a reference to the record of the appointment.

Official Note

A guardian does not automatically supersede a guardian ad litem appointed by the court. The court may find it undesirable to transfer the control of the litigation.

The provisions of this Rule 2060 adopted June 2, 1941, effective February 2, 1942; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159495).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2061 Affidavits.

Affidavits which are required to be made by a party to an action, including affidavits to the pleadings, shall not be made by an incapacitated party, but may be made on the party’s behalf by the party’s guardian or any competent person, if the guardian or other competent person has knowledge or information as to the facts averred therein, and shall state the nature of the party’s incapacity.

The provisions of this Rule 2061 adopted June 2, 1941, effective February 2, 1942; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159496).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2062 Incapacitated Person Judicially Determined to Have Capacity DuringPendency of Action.

If during the pendency of an action an incapacitated party (1) is judically determined to have capacity by the court which appointed the party’s guardian or (2) if the party has no guardian, is ascertained to have capacity by the court in which the action is pending, the record shall be amended to remove the guardian or guardian ad litem.

The provisions of this Rule 2062 adopted June 2, 1941, effective February 2, 1942; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159496).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2063 Judgment and Costs.

A judgment entered in an action against an incapacitated person shall be the obligation of the incapacitated person only. A guardian or a guardian ad litem shall not be individually liable for the payment of any judgment entered against the incapacitated person or for the costs of the action.

The provisions of this Rule 2063 adopted June 2, 1941, effective February 2, 1942; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159496).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2064 Compromise, Settlement, Discontinuance and Distribution.

(a) No action to which an incapacitated person is a party shall be compromised, settled, or discontinued except after approval by the court pursuant to a petition presented by any party in interest.

(b) When a compromise or settlement has been approved by the court, or when a judgment has been entered upon a verdict or by agreement, the court, upon petition by the guardian or the guardian ad litem or any party to the action, shall make an order approving or disapproving any agreement entered into by the guardian or the guardian ad litem for the payment of counsel fees and other expenses out of the fund created by the compromise, settlement or judgment; or the court may make such order as it deems proper fixing counsel fees and other proper expenses. The balance of the fund shall be paid to the guardian of the estate of the incapacitated person qualified to receive the fund, if there is one or one is to be appointed. The balance of the fund payable to the guardian of the estate may include a structured settlement underwritten by a financially responsible entity that assumes responsibility for future payments or a trust as described in subdivision (b)(4) of this rule. If the incapacitated person has no such guardian, and none is to be appointed, the court may order:

(1) an amount not more than twenty-five thousand dollars ($25,000.00) to be paid for the benefit of the incapacitated person to the guardian of the person or to the person or agency by whom the incapacitated person is maintained;

Official Note

(2) any amount in cash of a resident or non-resident incapacitated person to be deposited in one or more savings accounts in the name of the incapacitated person in banks, buildings and loan associations, savings and loan associations or credit unions, deposits in which are insured by a Federal governmental agency, provided that the amount deposited in any one such savings institution shall not exceed the amount to which accounts are thus insured, or in one or more accounts in the name of the incapacitated person investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions. Every such order shall contain a provision that no withdrawal can be made from any such account unless the incapacitated person is adjudicated to have capacity, except as authorized by a prior order of the court. Proof of the deposit shall be promptly filed of record;

Official Note

The order should provide for deposits in more than one savings institution if future accrued interest may reasonably be expected to increase a single deposit beyond the insured limit.

For the definition of savings account, see Rule 76.

The rule contemplates the deposit of money in an account investing in federally guaranteed securities, withdrawals from which may be blocked, and not the direct investment in a particular security.

(3) an agreement be executed providing for a structured settlement underwritten by a financially responsible entity that assumes responsibility for future payments. All moneys paid from the structured settlement during incapacity shall be paid into a restricted account as provided by subdivision (b)(2) of this rule;

(4) a trust agreement be executed with a corporate fiduciary which is independent from the incapacitated person and anyone acting on the incapacitated person’s behalf and is lawfully authorized to engage in trust business in Pennsylvania or the state of the incapacitated person’s domicile, which trust

(i) is designated to receive the fund;

(ii) contains such terms for investment, disbursement and distribution of the fund as the court deems proper; and

Official Note

This rule permits the use of a trust, including a special needs trust.

(c) When a judgment has been entered in favor of an incapacitated plaintiff and no petition has been filed under the provisions of subdivision (b) of this rule, the amount of the judgment or any part thereof shall be paid only to a guardian of the estate of the plaintiff qualified to receive the fund, unless the court, on its own motion or on petition of a person, not a party to the action, representing the interest of the plaintiff, enters an order under subdivision (b) of this rule.

(d) Nothing contained in this rule shall prevent the payment into court of any money by the defendant.

The provisions of this Rule 2064 adopted June 2, 1941, effective February 2, 1942; amended May 17, 1950; amended September 25, 1956, effective forthwith; amended September 1, 1958, effective forthwith; amended, effective July 22, 1970; amended June 23, 1975, effective immediately, 5 Pa.B. 1817; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019; amended October 3, 1996, effective January 1, 1997, 26 Pa.B. 4985. Immediately preceding text appears at serial pages (190565) to (190566).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2074 Effective Date. Pending Actions.

These rules shall become effective on the second day of February, 1942, and shall apply to actions pending at that time.

The provisions of this Rule 2074 adopted June 2, 1941, effective February 2, 1942.

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

231 Pa. Code Rule 2075 [Rescinded].

The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

History

Source: The provisions of this Rule 2075 adopted June 2, 1941, effective February 2, 1942; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159498) to (159499).

Chapter 2070 INDIVIDUAL DEFENDANTS WHO ARE NON-RESIDENTS OR WHO CONCEAL THEIR WHEREABOUTS

231 Pa. Code Rule 2076 Definition. [Rescinded].

[Rescinded].

The provisions of this Rule 2076 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (42812).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2077 Application of Rules. [Rescinded].

[Rescinded].

The provisions of this Rule 2077 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (42812) to (42813).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2078 Venue. [Rescinded].

[Rescinded].

Official Note

Rule 1006 prescribes venue whether the defendant is within or outside the Commonwealth.

The provisions of this Rule 2078 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (42813).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2079 Service of Process. [Rescinded].

[Rescinded].

Official Note

Service in actions against persons outside the Commonwealth is governed by Rule 404.

The provisions of this Rule 2079 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (42813) to (42814) and (48428).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2080 Proof of Service. [Rescinded].

[Rescinded].

Official Note

For the return of service, see Rule 405.

The provisions of this Rule 2080 rescinded June 20, 1986, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (48428).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2081 Time to Plead. Extensions. [Rescinded].

[Rescinded].

Official Note

See Rule 1026(b) for the time in which a defendant served outside the United States must plead to the complaint.

The provisions of this Rule 2081 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (48428) to (48429).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2082 Entry of Judgment.

[Rescinded].

Official Note

This rule is rescinded because notice is now provided by Rule 237.1.

The provisions of this Rule 2082 amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410, amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507, rescinded December 14, 1979, effective February 1, 1980, 10 Pa.B. 9. Immediately preceding text appears at serial page (42816).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2098 [Rescinded].

The provisions of this Rule 2098 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159502) to (159503).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2099 [Rescinded].

The provisions of this Rule 2099 rescinded April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507. Immediately preceding text appears at serial page (28069).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

231 Pa. Code Rule 2100 [Rescinded].

Official Note

See Rule 449(b) for the abolition of practice and procedure under repealed statutes relating to service of process on persons who are outside the Commonwealth or who prevent or obstruct service of process.

The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

History

Source: The provisions of this Rule 2100 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (159503).

Chapter 2100 THE COMMONWEALTH AND POLITICAL SUBDIVISIONS AS PARTIES

231 Pa. Code Rule 2101 Definition.

As used in this chapter:

‘‘action’’ means any civil action or proceeding brought in or appealed to any court which is subject to these rules.

The provisions of this Rule 2101 adopted June 25, 1946, effective January 1, 1947; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (276611).

History

Source: The provisions of this Rule 2125 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159507) to (159508).

231 Pa. Code Rule 2102 Style of Action.

(a)(1) An action by the Commonwealth shall be brought in the name of the Commonwealth of Pennsylvania.

(2) An action against a Commonwealth agency or party shall be styled in the following manner: Plaintiff v. ‘‘

History

Source: The provisions of this Rule 2125 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159507) to (159508).

231 Pa. Code Rule 2103 Venue.

(a) An action brought in a court of common pleas by the Commonwealth may be brought in any county permitted by a rule of the Supreme Court.

(b) Except when the Commonwealth is the plaintiff or when otherwise provided by an Act of Assembly, an action against a political subdivision may be brought only in the county in which the political subdivision is located.

Official Note

Adopted June 25, 1946, effective January 1, 1947.

For the venue of actions in mandamus and quo warranto, see Rules 1092 and 1112.

This rule does not alter the practice where the political subdivision is located in more than one county or in actions for materials furnished for construction of inter-county bridges. See Rule 2123, Acts of Assembly not suspended.

History

Source: The provisions of this Rule 2125 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159507) to (159508).

231 Pa. Code Rule 2104 Service. [Rescinded].

[Rescinded].

Official Note

For service upon the Commonwealth and political subdivisions, see Rule 422.

The provisions of this Rule 2104 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (28071).

History

Source: The provisions of this Rule 2125 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159507) to (159508).

231 Pa. Code Rule 2123 Acts of Assembly Not Suspended.

The rules governing the Commonwealth and political subdivisions as parties shall not be deemed to suspend or affect any Act of Assembly regulating the venue of actions brought by the head of an executive or administrative department or by a departmental administrative board or commission or by an independent administrative board or commission of the Commonwealth.

The provisions of this Rule 2123 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159506) to (159507).

History

Source: The provisions of this Rule 2125 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159507) to (159508).

231 Pa. Code Rule 2124 Effective Date. Pending Actions.

These rules shall become effective on the 1st day of January, 1947, but shall not apply to actions pending at that time.

The provisions of this Rule 2124 adopted June 25, 1946, effective January 1, 1947.

History

Source: The provisions of this Rule 2125 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159507) to (159508).

231 Pa. Code Rule 2125 Suspension of Acts of Assembly.

Section 213 of the Act approved March 10, 1949, P. L. 30, Art. II, 24 P. S. § 2-213, is suspended in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c).

Official Note

This section relates to actions by and against school districts and service upon school districts.

The provisions of this Rule 2125 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159507) to (159508).

History

Source: The provisions of this Rule 2125 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159507) to (159508).

Chapter 2120 PARTNERSHIPS AS PARTIES

231 Pa. Code Rule 2126 Definitions.

As used in this chapter: Action—Any civil action or proceeding brought in or appealed to any court which is subject to these rules. Firm name—Any name, fictitious or otherwise, by which a partnership conducts business or is commonly known whether or not such name has been filed or registered. Liquidator—Any person legally engaged in winding up the affairs of a dissolved partnership. Partner—Only a general partner or a limited partner who has become subject to the liability of a general partner. Partnership—A general or limited partnership, whether it is also a registered limited liability partnership or electing partnership, and does not mean a limited liability company, unincorporated association, joint stock company or similar association.

The provisions of this Rule 2126 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended January 12, 2001, effective July 1, 2001, 31 Pa.B. 137; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (272403).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2127 Actions by Partnerships and Liquidators.

(a) A partnership having a right of action shall prosecute such right in the names of the then partners trading in the firm name, in the following manner: ‘‘A, B and C trading as X & Co.’’

Official Note

For the rule applicable to the prosecution of set-offs, counterclaims and cross-actions by a partnership sued in the firm name, see Rule 2128(b).

(b) An action prosecuted by the liquidator of a dissolved partnership shall be prosecuted in the name of the liquidator in the following manner: ‘‘A, Liquidator of A, B, and C, late trading as X & Co.’’

(c) The failure of a partnership to comply with subdivision (a) of this rule shall not affect the right of the defendant to recover costs from both the partnership and the individual partners.

The provisions of this Rule 2127 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2128 Actions Against Partnerships and Liquidators.

(a) An action against a partnership may be prosecuted against one or more partners as individuals trading as the partnership in the manner designated by Rule 2127(a), or against the partnership in its firm name.

(b) If a plaintiff prosecutes an action against a partnership in its firm name only, the partnership may prosecute any setoff, counterclaim or cross- action in its firm name.

(c) An action prosecuted against the liquidator of a dissolved partnership shall be prosecuted in the following manner: ‘‘A, Liquidator of A, B and C, late trading as X & Co.’’

(d) Whenever an action is prosecuted against a partnership in the names of the partners trading in the firm name and the partners or partnership shall have failed to file in the office of the prothonotary of the county or counties in which the partnership business is conducted a statement of membership as required by law, such partners shall not be permitted to plead a misnomer or the omission of the name of a partner of the partnership or the inclusion of the names of persons not partners of said partnership.

Official Note

Adopted May 1, 1939, effective November 6, 1939.

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2129 Actions between partnerships and partners.

An action may be prosecuted by a partnership against one or more of the partners thereof, or against such partners together with persons not partners; or by one or more partners, or by such partners together with other persons not partners, against the partnership.

The provisions of this Rule 2129 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (272404).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2130 Venue in an Action Against a Partnership.

(a) General Rule. Except as otherwise provided by subdivision (c) of this rule, an action against a partnership may be brought in and only in a county where

(1) the partnership regularly conducts business;

(2) the cause of action arose;

(3) a transaction or occurrence took place out of which the cause of action arose; or

(4) the property or a part of the property, which is the subject matter of the action, is located provided that equitable relief is sought with respect to the property.

(b) Venue in Actions Against a Liquidator. Except as otherwise provided by subdivision (c) of this rule, an action against a liquidator may be brought in and only in a county where

(1) the liquidator is liquidating the partnership business;

(2) the partnership last regularly conducted business;

(3) the cause of action arose; or

(4) a transaction or occurrence took place out of which the cause of action arose.

This rule shall not apply to an action against a liquidator deriving authority under the laws of the United States.

(1) against a partnership commenced by or for the attachment, seizure, garnishment, sequestration, or condemnation of real or personal property; or

(2) for the recovery of the possession of or the determination of the title to real or personal property.

By Order of August 25, 2022, effective January 1, 2023 (‘‘2022 amendments’’), the Court rescinded Rule 1006(a.1), a special venue rule that applied to medical professional liability actions filed on or after January 1, 2002. Corresponding amendments removed references to Rule 1006(a.1) from Rule 2130, governing venue in an action against a partnership, Rule 2156, governing venue in an action against an unincorporated association, and Rule 2179, governing venue in an action against a corporation or similar entity. The 2022 amendments thus returned Rules 1006, 2130, 2156, and 2179 to their pre-2003 versions, pursuant to which medical professionals were governed by the same venue rules applicable to other non-governmental defendants.

The 2022 amendments added a provision to each rule requiring the Civil Procedural Rules Committee to ‘‘reexamine the 2022 rule amendments two years after their effective date.’’ Rules 1006(g), 2130(d), 2156(c), and 2179(c). The committee received commentary on behalf of medical professionals asserting that the impact of the 2022 amendments could not yet be determined, and that more time was needed to develop the necessary data. By Order of February 18, 2026, the Court amended Rules 1006, 2130, 2156, and 2179 to remove the expired reexamination provisions. The Court will consider any future proposals as submitted through the Court’s usual rules committee processes.

The provisions of this Rule 2130 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended January 27, 2003, effective immediately, 33 Pa.B. 751; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended August 25, 2022, effective January 1, 2023, 52 Pa.B. 5792; amended February 18, 2026, effective immediately, 56 Pa.B. 1106. Immediately preceding text appears at serial page (411431).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2131 Service of process. [Rescinded].

[Rescinded]

Official Note

For service upon partnerships and unincorporated associations, see Rule 423.

The provisions of this Rule 2131 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (42824) and (48430).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2131.1 Proof of service. [Rescinded].

[Rescinded].

Official Note

For the return of service see Rule 405.

The provisions of this Rule 2131.1 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (48430).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2131.2 Time to plead. Extensions. [Rescinded].

[Rescinded].

Official Note

See Rule 1026(b) for the time in which a defendant served outside the United Sates must plead to the complaint.

The provisions of this Rule 2131.2 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (48430) to (48431).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2132 Effect of judgments.

(a) A judgment entered against a defendant partnership sued in its firm name only shall support execution upon the partnership property only.

(b) A judgment entered against a defendant partnership sued in the name or names of the partners as individuals trading in the firm name shall support execution upon the partnership property and upon the individual property of any partner named as a party if jurisdiction has been validly obtained as provided by Rule 2131 and the requirements of clause (c) of this rule have been satisfied.

Official Note

This subdivision is rescinded because notice is now provided by Rule 237.1.

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

The provisions of this Rule 2132 amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410, amended December 14, 1979, effective February 1, 1980, 10 Pa.B. 9. Immediately preceding text appears at serial page (42826).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2133 Indexing of judgements.

(a) A judgment against a partnership shall be indexed against the partnership in its firm name.

(b) A judgment against the liquidator of a dissolved partnership shall be indexed against the liquidator as liquidator of the partnership and against the partnership in its firm name.

The provisions of this Rule 2133 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190578).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2134 Subsequent actions against partners not named in prior action.

(a) Whenever a judgment is entered against a partnership such judgment shall not bar a subsequent action upon the same cause of action against any partner who was not individually named as a defendant in the action.

(b) In a subsequent action instituted under the authority of subdivision (a) of this rule, a partner against whom a judgment was entered in the original action shall not be joined as a party.

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2135 Fictitious name act saved.

These rules shall not be deemed to suspend or affect the operation of any Act of Assembly relating to the registration of fictitious names.

Official Note

Adopted May 1, 1939, effective November 6, 1939.

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2148 [Rescinded].

Official Note

See Rule 449(a) for the preservation of sections of the Judicial Code which provide for service of process on persons who are outside the Commonwealth.

The provisions of this Rule 2148 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99955).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2149 Effective date; pending actions.

The provisions of this Rule 2149 rescinded April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507. Immediately preceding text appears at serial page (40094).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

231 Pa. Code Rule 2150 [Rescinded].

Official Note

The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

History

Source: The provisions of this Rule 2150 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99956).

Chapter 2150 UNINCORPORATED ASSOCIATIONS AS PARTIES

231 Pa. Code Rule 2151 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court which is subject to these rules;

‘‘association’’ means an unincorporated association conducting any business or engaging in any activity of any nature whether for profit or otherwise under a common name, but does not mean a partnership as defined in Rule 2126 or a corporation or similar entity as defined in Rule 2176.

The provisions of this Rule 2151 adopted May 1, 1939, effective November 6, 1939; amended December 29, 2000, effective July 1, 2001, 31 Pa.B. 137; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (295859).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2152 Actions by associations.

An action prosecuted by an association shall be prosecuted in the name of a member or members thereof as trustees ad litem for such association. An action so prosecuted shall be entitled ‘‘X Association by A and B, Trustees ad Litem’’ against the party defendant.

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820. For the rule applicable to the prosecution of setoffs, counterclaims and cross-actions by an unincorporated association sued in the association name, see Rule 2153(b).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2153 Actions against associations.

(a) In an action prosecuted against an association it shall be sufficient to name as defendant either the association by its name, whether the same is registered, filed or not, or any officer of the association as trustee ad litem for such association in the manner prescribed by Rule 2152.

(b) If a plaintiff prosecutes an action against an association in the association name only, the association may prosecute any setoff, counterclaim or cross-action in its association name.

(c) In addition to the parties defendant permitted by subdivision (a) of this rule, the plaintiff may join as parties defendant one or more members of such association in their individual capacity, including members already named as trustees ad litem, for the purpose of enforcing any individual liability of such members upon the cause of action sued upon.

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2154 Actions between associations and members.

An action may be prosecuted by an association against one or more of the members thereof, or against such members together with persons not members; or by one or more members, or by such members together with other persons not members, against the association.

The provisions of this Rule 2154 adopted May 1, 1939, effective November 6, 1939; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (295860).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2155 Liability for costs.

No trustee ad litem and no individual member of an association shall be liable for the payment of a money judgment entered against the association as such; but a trustee ad litem representing a plaintiff association shall be liable for any costs which may be taxed against the association and a trustee ad litem representing a defendant association asserting any counterclaim or setoff shall be liable for any costs which may be taxed against the association.

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2156 Venue in an Action Against an Unincorporated Association.

(a) General Rule. Except as otherwise provided by subdivision (b) of this rule, an action against an association may be brought in and only in a county where

(1) the association regularly conducts business or any association activity;

(2) the cause of action arose;

(3) a transaction or occurrence took place out of which the cause of action arose; or

(4) the property or a part of the property, which is the subject matter of the action, is located provided that equitable relief is sought with respect to the property.

(b) Exception. Subdivision (a) of this rule shall not restrict or affect the venue of an action

(1) against an association commenced by or for the attachment, seizure, garnishment, sequestration, or condemnation of real or personal property; or

(2) for the recovery of the possession of or the determination of the title to real or personal property.

By Order of August 25, 2022, effective January 1, 2023 (‘‘2022 amendments’’), the Court rescinded Rule 1006(a.1), a special venue rule that applied to medical professional liability actions filed on or after January 1, 2002. Corresponding amendments removed references to Rule 1006(a.1) from Rule 2130, governing venue in an action against a partnership, Rule 2156, governing venue in an action against an unincorporated association, and Rule 2179, governing venue in an action against a corporation or similar entity. The 2022 amendments thus returned Rules 1006, 2130, 2156, and 2179 to their pre-2003 versions, pursuant to which medical professionals were again governed by the same venue rules applicable to other non-governmental defendants.

The provisions of this Rule 2156 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended January 27, 2003, effective immediately, 33 Pa.B. 571; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended August 25, 2022, effective January 1, 2023, 52 Pa.B. 5792; amended February 18, 2026, effective immediately, 56 Pa.B. 1106. Immediately preceding text appears at serial pages (411434) to (411435).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2157 Service of process. [Rescinded].

[Rescinded].

Official Note

For service upon partnerships and unincorporated associations, see Rule 423.

The provisions of this Rule 2157 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (42829).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2157.1 Proof of service. [Rescinded].

[Rescinded].

Official Note

For the return of service, see Rule 405.

The provisions of this Rule 2157.1 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (42829) to (42830).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2157.2 Time to plead. Extensions. [Rescinded].

[Rescinded].

Official Note

See Rule 1026(b) for the time in which a defendant served outside the United States must plead to the complaint.

The provisions of this Rule 2157.2 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (42830).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2158 Effect of judgment against association.

A judgment entered against an association sued in the name of the association or in the name of a trustee ad litem, or sued alone or together with a member of the association or other person, shall support execution upon the property of the association.

Official Note

Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2159 Fictitious name act saved.

These rules shall not be deemed to suspend or affect the operation of any Act of Assembly relating to the registration of fictitious names.

Official Note

Adopted May 1, 1939, effective November 6, 1939.

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2173 [Rescinded].

Official Note

See Rule 449(a) for the preservation of sections of the Judicial Code which provide for service of process on persons who are outside the Commonwealth.

The provisions of this Rule 2173 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99959).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2174 [Rescinded].

The provisions of this Rule 2174 rescinded April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507. Immediately preceding text appears at serial page (22329).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

231 Pa. Code Rule 2175 [Rescinded].

Official Note

The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

History

Source: The provisions of this Rule 2175 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99959) to (99960).

Chapter 2170 CORPORATIONS AND SIMILAR ENTITIES AS PARTIES

231 Pa. Code Rule 2176 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court which is subject to these rules;

‘‘corporation or similar entity’’ includes any public, quasi-public or private corporation, insurance association or exchange, joint stock company or association, limited liability company, professional association, business trust, or any other association which is regarded as an entity distinct from the members composing the association, but does not include the Commonwealth of Pennsylvania, a political subdivision as defined in Rule 76, a partnership as defined in Rule 2126, or an unincorporated association as defined in Rule 2151;

‘‘corporate name’’ means any name, real or fictitious, under which a corporation or similar entity was organized, or conducts business, whether or not such name has been filed or registered;

‘‘executive officer’’ means a chairman, president, vice-president, treasurer, secretary, general manager, or any like officer of a corporation or similar entity;

‘‘member’’ includes any shareholder in a corporation or similar entity.

Official Note

The term ‘‘corporation or similar entity’’ as defined above includes all associations and business entities which are regarded as separate and distinct from their members. No attempt has been made to enumerate all the various classes of private corporations falling within the definition.

The provisions of this Rule 2176 adopted November 26, 1943, effective August 1, 1944; amended January 12, 2001, effective July 1, 2001, 31 Pa.B. 137; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (295863).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2177 Actions by and against a corporation or similar entity.

An action shall be prosecuted by or against a corporation or similar entity in its corporate name.

Official Note

Adopted November 26, 1943, effective August 1, 1944; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2178 Actions between a corporation or similar entity and members thereof.

An action may be prosecuted by a corporation or similar entity against one or more of the members thereof, or against members together with persons not members; or by one or more members, or by members together with other persons not members, against the corporation or similar entity.

Official Note

This rule is designed to apply to all actions between a corporation or similar entity and its members, including those actions in which an accounting has been asked.

The provisions of this Rule 2178 adopted November 26, 1943, effective August 1, 1944; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (295864).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2179 Venue in an Action Against a Corporation or Similar Entity.

(a) General Rule. Except as otherwise provided by an Act of Assembly or by subdivision (b) of this rule, a personal action against a corporation or similar entity may be brought in and only in a county where

(1) the registered office or principal place of business of the corporation or similar entity is located;

(2) the corporation or similar entity regularly conducts business;

(3) the cause of action arose;

(4) a transaction or occurrence took place out of which the cause of action arose; or

(5) the property or a part of the property, which is the subject matter of the action, is located provided that equitable relief is sought with respect to the property.

(b) Venue in Actions on an Insurance Policy. An action upon a policy of insurance against an insurance company, association or exchange, either incorporated or organized in Pennsylvania or doing business in this Commonwealth, may be brought in a county

(1) designated in subdivision (a) of this rule;

(2) where the insured property is located; or

(3) where the plaintiff resides, in actions upon policies of life, accident, health, disability, and livestock insurance or fraternal benefit certificates.

By Order of August 25, 2022, effective January 1, 2023 (‘‘2022 amendments’’), the Court rescinded Rule 1006(a.1), a special venue rule that applied to medical professional liability actions filed on or after January 1, 2002. Corresponding amendments removed references to Rule 1006(a.1) from Rule 2130, governing venue in an action against a partnership, Rule 2156, governing venue in an action against an unincorporated association, and Rule 2179, governing venue in an action against a corporation or similar entity. The 2022 amendments thus returned Rules 1006, 2130, 2156, and 2179 to their pre-2003 versions, pursuant to which medical professionals again governed by the same venue rules as all other non-governmental defendants.

The provisions of this Rule 2179 adopted November 26, 1943, effective August 1, 1944; amended March 27, 1956, effective July 1, 1956; amended December 29, 2000, effective July 1, 2001, 31 Pa.B. 137; amended January 27, 2003, effective immediately, 33 Pa.B. 751; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended August 25, 2022, effective January 1, 2023, 52 Pa.B. 5792; amended February 18, 2026, effective immediately, 56 Pa.B. 1106. Immediately preceding text appears at serial pages (411438) to (411439).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2180 Service of process. [Rescinded].

[Rescinded]

Official Note

For service upon corporations and similar entities, see Rule 424.

The provisions of this Rule 2180 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507, rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (42834) and (48432).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2181 Proof of service. [Rescinded].

[Rescinded]

Official Note

For the return of service, see Rule 205.

The provisions of this Rule 2181 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (48432) and (48433).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2182 Time to plead. Extensions. [Rescinded].

[Rescinded].

Official Note

See Rule 1026(b) for the time in which a defendant served outside the United States must plead to the complaint.

The provisions of this Rule 2182 adopted April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (48433).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2198 [Rescinded].

Official Note

See Rule 449(a) for the preservation of sections of the Judicial Code which provide for service of process on persons who are outside the Commonwealth.

The provisions of this Rule 2198 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99963).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2199 [Rescinded].

The provisions of this Rule 2199 rescinded April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507. Immediately preceding text appears at serial page (22334).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

231 Pa. Code Rule 2200 [Rescinded].

Official Note

The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

History

Source: The provisions of this Rule 2200 amended April 26, 1979, effective May 26, 1979, 9 Pa.B. 1507; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (42837).

Chapter 2200 ACTIONS FOR WRONGFUL DEATH

231 Pa. Code Rule 2201 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules;

‘‘action for wrongful death’’ means in the case of rules 2202, 2203 and 2206, an action arising under the laws of this Commonwealth and in the case of rules 2204 and 2205, an action arising under the laws of this Commonwealth or any other jurisdiction;

‘‘personal representative’’ means the executor or administrator of the estate of a decedent duly qualified by law to bring actions within this Commonwealth.

The provisions of this Rule 2201 adopted February 14, 1939, effective September 4, 1939; amended March 27, 1956, effective July 1, 1956; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255307).

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

231 Pa. Code Rule 2202 Parties entitled to bring action for wrongful death.

(a) Except as otherwise provided in clause (b) of this rule, an action for wrongful death shall be brought only by the personal representative of the decedent for the benefit of those persons entitled by law to recover damages for such wrongful death.

(b) If no action for wrongful death has been brought within six months after the death of the decedent, the action may be brought by the personal representative or by any person entitled by law to recover damages in such action as trustee ad litem on behalf of all persons entitled to share in the damages.

(c) While an action is pending it shall operate as a bar against the bringing of any other action for such wrongful death.

Official Note

Adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

231 Pa. Code Rule 2203 Procedure to remove plaintiff.

(a) Any person entitled by law to recover damages in an action for wrongful death may petition the court in which an action for such wrongful death is pending to remove the plaintiff and to substitute as a new plaintiff any person entitled by law to recover damages in the action or a personal representative of the decedent.

(b) After hearing, of which due notice shall be given to the plaintiff in the action and to all persons entitled by law to recover damages, the court may remove the plaintiff and order the substitution prayed for, if it deems the same advisable.

Official Note

This rule has the effect of making the plaintiff in the wrongful death action accountable to the court in which the action is brought for his or her conduct therein. In addition, it permits the parties beneficially interested in the damages recovered in the action to exercise some supervisory control over the conduct of the action by enabling them to obtain the assistance of the court if the action is not properly conducted on their behalf.

The provisions of this Rule 2203 adopted February 14, 1939, effective September 4, 1939; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (220915) to (220916).

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

231 Pa. Code Rule 2204 Averments in plaintiff’s pleading.

In addition to all other facts required to be pleaded, the initial pleading of the plaintiff in an action for wrongful death shall state the plaintiff’s relationship to the decedent, the plaintiff’s right to bring the action, the names and last known residence addresses of all persons entitled by law to recover damages, their relationship to the decedent and that the action was brought in their behalf.

The provisions of this Rule 2204 adopted February 14, 1939, effective September 4, 1939; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220916).

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

231 Pa. Code Rule 2205 Notice to persons entitled to damages.

When an action for wrongful death has been instituted, the plaintiff shall give notice, by registered mail or in such other manner as the court shall direct by local rule or special order, to each person entitled by law to recover damages in the action, that an action has been instituted for wrongful death, naming the decedent and stating the court, term and number of the action.

Official Note

Adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820. The form of notice and method of proof of service are left for regulation by local rule or order.

The provisions of this Rule 2205 amended November 14, 1978, 8 Pa.B. 3410. Immediately preceding text appears at serial page (22339).

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

231 Pa. Code Rule 2206 Settlement, compromise, discontinuance and judgment.

(a) No action for wrongful death in which a minor or an incapacitated person has an interest shall be discontinued nor shall the interest of a minor or an incapacitated person in any such action or in a judgment for damages recovered therein be compromised or settled until the court, upon petition of any party in interest, shall allow the discontinuance or approve the compromise or settlement as being fair and equitable.

(b)(1) When as the result of a verdict, judgment, compromise, settlement or otherwise it has been determined that a sum of money is due the plaintiff in an action for wrongful death, the court, upon petition of any party in interest, shall make an order designating the persons entitled to share in the damages recovered and the proportionate share of the net proceeds to which each is entitled. If a share shall be payable to a minor or incapacitated person, the court shall designate as the person to receive such share a guardian of the estate of the minor or incapacitated person qualified to receive the fund if there is one or one is to be appointed. The share to be received by the guardian of the estate may include a structured settlement underwritten by a financially responsible entity that assumes responsibility for future payments or a trust as described in subdivision (b)(4)(iii) of this rule.

(2) If the minor has no such guardian, and none is to be appointed, the court upon petition may order an amount not more than twenty-five thousand dollars ($25,000.00) to be paid for the benefit of the minor to the guardian of the person or to the natural guardian or to the person or agency by whom the minor is maintained or to the minor.

Official Note

The amount payable under paragraph (2) conforms to the amount set forth in Section 5101 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 5101, relating to when a guardian is unnecessary.

(3) If the incapacitated person has no such guardian, and none is to be appointed, the court upon petition may order an amount not more than twenty-five thousand dollars ($25,000.00) to be paid for the benefit of the incapacitated person to the guardian of the person or to the person or agency by whom the incapacitated person is maintained.

Official Note

The amount payable under paragraph (3) conforms to the amount set forth in Section 5101 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 5101, relating to when a guardian is unnecessary, incorporated by reference into Section 5505 of the Code, 20 Pa.C.S. § 5505.

(4) If the minor or the incapacitated person has no such guardian, and none is to be appointed, the court may order

(i) any amount in cash of a resident or nonresident minor or incapacitated person to be deposited in one or more savings accounts in the name of the minor or the incapacitated person in banks, building and loan associations, savings and loan associations or credit unions, deposits in which are insured by a Federal governmental agency provided that the amount deposited in any one such savings institution shall not exceed the amount to which such accounts are thus insured, or in one or more accounts in the name of the minor or the incapacitated person investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions. Every such order shall contain a provision that no withdrawal can be made from any such account until the minor attains majority or unless the incapacitated person is adjudicated to have capacity, except as authorized by a prior order of the court. Proof of the deposit shall be promptly filed of record;

Official Note

The order should provide for deposits in more than one savings institution if future accrued interest may reasonably be expected to increase a single deposit beyond the insured limit.

For the definition of savings account, see Rule 76.

The rule contemplates the deposit of money in an account investing in federally guaranteed securities, withdrawals from which may be blocked, and not the direct investment in a particular security.

(ii) an agreement be executed providing for a structured settlement underwritten by a financially responsible entity that assumes responsibility for future payments. All moneys paid from the structured settlement during minority or incapacity shall be paid into a restricted account as provided by subdivision (b)(4)(i) of this rule;

(iii) a trust agreement be executed with a corporate fiduciary which is independent from the minor or incapacitated person and anyone acting on behalf of the minor or incapacitated person and is lawfully authorized to engage in trust business in Pennsylvania or the state of the minor’s or incapacitated person’s domicile, which trust

(i) is designated to receive the fund;

(ii) contains such terms for investment, disbursement and distribution of the fund as the court deems proper; and

Official Note

This rule permits the use of a trust, including a special needs trust.

(c) In approving a compromise or settlement, or making any order under Subdivision (b) of this rule, the court may also approve an agreement for the payment of counsel fees and other proper expenses out of the share of damages to which the minor or incapacitated person is entitled.

(d) When an order designating the persons entitled to share in the damages has been entered, the defendant may pay the amount due under the verdict, judgment, compromise or settlement to the plaintiff who shall hold the money as trustee for the persons designated in the order and shall mark the action discontinued or the judgment satisfied as the case may be.

The amendments to Rules 2039, 2064, and 2206 conform the Rules to the recent amendments to the Probate, Estates and Fiduciaries Code made by Act 293 of 1974, 20 Pa.C.S. 5101, 5103, 5505.

The Rules governing Actions for Wrongful Death in force prior to the present amendments omitted any reference to the possible incompetency of a beneficiary. They referred only to shares payable to a minor. Although no problem appears to have arisen, Rule 2206 has further been amended to cover this point specifically.

The provisions of this Rule 2206 adopted February 14, 1939, effective September 4, 1939; amended May 17, 1950; amended September 25, 1956, effective forthwith; amended April 2, 1962, effective forthwith; amended, effective July 22, 1970; amended June 25, 1975, effective immediately, 5 Pa.B. 1817; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019; amended October 3, 1996, effective January 1, 1997, 26 Pa.B. 4985; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (220917) to (220919).

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

231 Pa. Code Rule 2207 Actions arising under foreign law.

When an action to recover damages for wrongful death is brought in this Commonwealth to enforce rights arising under the laws of some other jurisdiction it shall be brought by the person authorized to bring the action by the law of the jurisdiction where the cause of action arose.

Official Note

Adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

231 Pa. Code Rule 2224 Effective date; pending actions.

These rules shall become effective on the fourth day of September, 1939, and shall apply to actions pending at that time.

Official Note

Adopted February 14, 1939, effective September 4, 1939.

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

231 Pa. Code Rule 2225 [Rescinded].

See Pa.R.J.A. 115 governing the suspension of inconsistent Acts of Assembly.

The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

History

Source: The provisions of this Rule 2225 adopted February 14, 1939, effective September 4, 1939; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; comment amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302539).

Chapter 2220 JOINDER OF PARTIES

231 Pa. Code Rule 2226 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules.

The provisions of this Rule 2226 adopted June 7, 1940, effective February 5, 1941; amended January 4, 1952, effective July 1, 1952; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (282137).

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2227 Compulsory joinder.

(a) Persons having only a joint interest in the subject matter of an action must be joined on the same side as plaintiffs or defendants.

(b) If a person who must be joined as a plaintiff refuses to join, he or she shall, in a proper case, be made a defendant or an involuntary plaintiff when the substantive law permits such involuntary joinder.

The provisions of this Rule 2227 adopted June 7, 1940, effective February 5, 1941; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190595).

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2228 Joinder of related plaintiffs.

(a) If an injury, not resulting in death, is inflicted upon the person of a husband or a wife, and causes of action therefor accrue to both, they shall be enforced in one action brought by the husband and the wife.

(b) If an injury, not resulting in death, is inflicted upon the person of a minor, and causes of action therefor accrue to the minor and also to the parent or parents of the minor, they shall be enforced in one action brought by the parent or parents and the child. Either parent may sue therefor in the name of both; but if the parents live apart the action shall be brought by the parent having the custody of the child and the control of its services.

Official Note

When the interest of a minor is involved under subdivision (b), Rule 2028(a) shall apply.

See Rule 2232(a), infra, as to the effect of failure to join as required by this Rule.

The amendment to Rule 2228(a) governing joinder of related plaintiffs is required by the Equal Rights Amendment, Article 1, Section 28, of the Constitution of 1968.

Prior to that amendment, the law of Pennsylvania had been that a wife could not recover for the loss of her husband’s consortium. Rule 2228(a), when promulgated in 1940, was written solely in terms of injury to a wife and a cause of action accruing to the husband as a result thereof. In Hopkins v. Blanco, 457 Pa. 90 (1974), the Supreme Court held that ‘‘If the husband may recover for loss of consortium, to deny the wife an equal right would be invalid under the Pennsylvania Constitution’’.

Accordingly, Rule 2228(a) has been amended to require mandatory joinder in either case, such as, an injury to the wife and a cause of action in the husband or an injury to the husband and a cause of action in the wife.

The provisions of this Rule 2228 adopted June 7, 1940, effective February 5, 1941; amended July 2, 1976, 6 Pa.B. 1558. Immediately preceding text appears at serial page (22343).

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2229 Permissive joinder.

(a) Persons may join as plaintiffs who assert any right to relief jointly, severally, separately or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences if any common question of law or fact affecting the rights to relief of all such persons will arise in the action.

(b) A plaintiff may join as defendants persons against whom the plaintiff asserts any right to relief jointly, severally, separately or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences if any common question of law or fact affecting the liabilities of all such persons will arise in the action.

(c) Parties may join or be joined in the alternative although the cause of action asserted by or against any one or more of them is inconsistent with the cause of action asserted by or against any of the others so joined.

(d) A plaintiff who asserts a cause of action ex contractu may join as defendants all or any one or more persons alleged to be liable to the plaintiff on or by reason of the breach of the contractual obligation sued upon, regardless of the capacities in which such persons are respectively liable or whether they are primarily or secondarily liable or whether their liabilities arise from the same or separate acts or undertakings; but where the liability of any defendant is solely joint, the plaintiff shall join all other persons jointly liable with such defendant.

(e) In an action to adjudicate title to or an interest in real or personal property

(1) persons whose claims are not adverse to each other may join as plaintiffs;

(2) any person whose claim is adverse to that of the plaintiff may be joined as a defendant.

The provisions of this Rule 2229 adopted June 7, 1940, effective February 5, 1941; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (190596) to (190597).

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2230 [Rescinded].

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2231 Effect of joinder; practice in general.

(a) The joinder of parties shall not be deemed to unite for jurisdictional purposes amounts in controversy claimed severally, separately or in the alternative by or against the respective parties plaintiff and defendant.

(b) [Rescinded]

Official Note

Rule 2231(b) was rendered obsolete by the abolition of the County Court of Allegheny County and the former Municipal Court of Philadelphia County by the Constitution of 1968.

(c) The trial of an action in which parties have joined or have been joined under Rules 2228 and 2229 shall be conducted as if independent actions between such parties had been consolidated for trial.

Official Note

If in any case in which parties have joined or have been joined as permitted or required by these rules it would be inconvenient or prejudicial to the rights of any party to hold a common trial of all issues, the court, by virtue of its power of severance, may order the separate trial of any of the issues. Pa. R.C.P. No. 213(b).

(d) Except as otherwise provided by these rules, the joinder of parties in any action shall not affect the procedural rights which each party would have if suing or sued separately, and the verdicts and judgments entered therein shall be joint, several or separate according to the nature of the right or liability therein determined.

(e) If two or more defendants are joined under Rule 2229 (d), the plaintiff shall not be permitted to discontinue or enter a nolle prosequi or a voluntary nonsuit as to any defendant primarily liable to the plaintiff unless the plaintiff also does so as to all defendants secondarily liable to the plaintiff for the default of such defendant.

(f) Rescinded.

(g) Rescinded.

Official Note

See Rule 226(b) for the entry of a directed verdict and Rule 230.1(b) for the entry of a compulsory nonsuit.

(h) Rescinded.

Official Note

See Rule 226(b) for the entry of a directed verdict and Rule 230.1(c) for the entry of a compulsory nonsuit.

The provisions of this Rule 2231 adopted June 7, 1940, effective February 5, 1941; amended June 23, 1975, effective immediately, 5 Pa.B. 1819; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended May 30, 2001, effective July 1, 2001, 31 Pa.B. 3184. Immediately preceding text appears at serial pages (255315) to (255316).

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2232 Defective joinder; change of parties.

(a) The cause of action of a person required to join in an action as a party plaintiff by Rule 2228 shall be barred by failing to join therein if the defendant has given such person such notice of the pendency of the action as the court by local rule or special order shall direct.

(b) (Rescinded).

(c) At any stage of an action, the court may order the joinder of any additional person who could have joined or who could have been joined in the action and may stay all proceedings until such person has been joined. The court in its discretion may proceed in the action although such person has not been made a party if jurisdiction over the person cannot be obtained and the person is not an indispensable party to the action.

(d) When a plaintiff joins two or more defendants and the evidence does not justify a recovery against all of them, the court shall enter a nonsuit or direct a verdict in favor of any defendant not shown to be liable either jointly, severally or separately, and the action shall continue and determine which of the remaining defendants are jointly, severally or separately liable with the same effect as though the defendants found to be liable were the only ones joined. As in other cases the court may enter judgment notwithstanding the verdict in favor of or against any of such defendants.

(e) In any action to enforce a joint liability, the entry of a judgment against one or more of the defendants shall not bar recovery in the same action against the other defendants or bar recovery in a separate action against the defendants named in the first action but not served.

(f) In any action to enforce a joint and several liability, the entry of a judgment against one or more of the defendants shall not bar recovery against the other defendants in the same or separate actions or bar recovery in a separate action against any other person jointly and severally liable with the defendants.

(g) In a separate action instituted under the authority or subdivision (e) or (f) of this rule, the person against whom a judgment has been previously entered shall not again be joined as a party.

The provisions of this Rule 2232 adopted June 7, 1940, effective February 5, 1941; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended December 20, 2013, effective January 23, 2014, 44 Pa.B. 8. Immediately preceding text appears at serial pages (280406) to (280407).

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2248 Acts of Assembly not suspended.

(a) These rules shall not be deemed to suspend or affect any Act of Assembly requiring the joinder in an action of a specified number or percentage of electors, taxpayers, stockholders, property owners or other persons.

Official Note

Illustrations of the type of statutes referred to by this subdivision are the Act of June 25, 1919, P. L. 581, Art. IV, § 9(b), 53 P. S. § 12200, requiring twenty qualified electors of a city of the first class to join in a petition to impeach municipal officers; the Act of March 10, 1949, P. L. 30, Art. II, § 242.1, added June 23, 1965, P. L. 139, § 1, as amended, 24 P. S. § 2-242.1, authorizing a majority of the resident taxpayers of an independent school district to file a petition for its abolition; and the Acts of July 28, 1953, P. L. 723, § 1931, 16 P. S. § 4931 and August 9, 1955, P. L. 323, § 1731, as amended, 16 P. S. § 1731, authorizing appeals by ten or more taxpayers from the report of the auditors or the controller of a county of the second to eighth class. The mandatory joinder requirements of these statutes are not affected by these rules.

(b) These rules shall not be deemed to suspend or affect the following Acts of Assembly:

(1) Section 18 of the Act approved May 16, 1923, P. L. 207, No. 153, 53 P. S. § 7186.

Official Note

This section relates to proceedings to enforce a municipal claim.

(2) Section 8411 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. 8411.

Official Note

This section relates to the appointment of a guardian for a war veteran.

(3) Section 7540 of the Judicial Code, 42 Pa.C.S. § 7540.

Official Note

This section relates to declaratory judgment proceedings.

The provisions of this Rule 2248 adopted June 7, 1940, effective February 5, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (40101) and (15879) to (15880).

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2249 Effective date; pending actions.

These rules shall become effective on the fifth day of February 1941, but shall not apply to actions pending at the time. Adopted June 7, 1940. Eff. Feb. 5, 1941.

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

231 Pa. Code Rule 2250 [Rescinded].

Official Note

Former Rule 2250 suspended statutory provisions which were subsequently repealed.

The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

History

Source: The provisions of this Rule 2250 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (15880) and (146733).

Chapter 2250 JOINDER OF ADDITIONAL DEFENDANTS

231 Pa. Code Rule 2251 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules.

Official Note

See Editorial Comment preceding Rule 2251.

Rule 2251 as originally adopted February 14, 1939, effective September 4, 1939, defined ‘‘action’’ as above set out, and, in addition, provided that ‘‘ ‘defendant’ means any party originally named as a defendant, any plaintiff against whom a counterclaim or setoff is asserted, and any party subsequently added to the record under the provisions of these rules.’’

The provisions of this Rule 2251 amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255319).

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2252 Right to Join Additional Defendants.

(a) Except as provided by Rule 1706.1, any party may join as an additional defendant any person not a party to the action who may be

(1) solely liable on the underlying cause of action against the joining party, or

Official Note

The term ‘‘underlying cause of action’’ refers to the cause of action set forth in the plaintiff’s complaint or the defendant’s counter-claim.

(2) liable to or with the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the underlying cause of action against the joining party is based.

Official Note

Subdivision (a)(2) permits a joining party to join an additional defendant who may be liable over on the underlying cause of action against the joining party or jointly and severally liable with the joining party.

The joinder of an additional defendant in a class action is limited by Rule 1706.1 to the grounds set forth in that rule.

(b) The joining party may file as of course a praecipe for a writ or a complaint.

Official Note

Rule 2005(b) does not authorize the filing of a praecipe for a writ of summons if an unknown defendant is to be identified by a Doe designation.

(1) If the joinder is by writ, the joining party shall file a complaint within twenty days from the filing of the praecipe for the writ. If the joining party fails to file the complaint within the required time, any other party may seek a rule to file the complaint and an eventual judgment of non pros in the manner provided by Rule 1037(a) for failure to file a complaint.

(2) The complaint, in the manner and form required of the initial pleading of the plaintiff in the action, shall set forth the facts relied upon to establish the liability of the joined party and the relief demanded.

Official Note

For the form of notice to defend in a complaint to join an additional defendant, see Rule 1018.1.

(c) The writ to join an additional defendant shall be directed to the additional defendant and shall be substantially in the following form: Commonwealth of PennsylvaniaCounty of

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2253 Time for Filing Praecipe or Complaint.

(a) Except as provided by Rule 1041.1(e), neither praecipe for a writ to join an additional defendant nor a complaint if the joinder is commenced by a complaint, shall be filed later than

(1) sixty days after the service upon the original defendant of the initial pleading of the plaintiff or any amendment thereof, or

(2) the time for filing the joining party’s answer as established by Rule 1026, Rule 1028 or order of court,

whichever is later, unless such filing is allowed by order of the court or by the written consent of all parties approved by and filed with the court. The praecipe for a writ to join an additional defendant or the complaint joining the additional defendant shall be filed within twenty days after notice of the court order or the court approval of the written consent or within such other time as the court shall fix.

Official Note

Rule 1041.1(e) provides that in asbestos litigation leave of court is not required to join an additional defendant out of time but the joined party may request by preliminary objection that the joinder be stricken.

(b) Any party may object to a motion to join an additional defendant after the period prescribed by subdivision (a) on the ground that the party will be prejudiced by the late joinder. The plaintiff may also object to the late joinder on the ground that the joining party has not shown a reasonable justification for its delay in commencing joinder proceedings.

(c) A person not previously a party who is joined as an additional defendant may object to the joinder by filing preliminary objections asserting prejudice or any other ground set forth in Rule 1028.

Official Note

The person joined may object to the joinder whether the joinder was effected by order or consent.

The provisions of this Rule 2253 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2281; amended January 6, 2005, effective immediately, 35 Pa.B. 501; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial pages (309377) to (309378).

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2254 [Rescinded].

Official Note

For service of original process and pleadings upon additional defendants, see Rule 425.

The provisions of this Rule 2254 adopted February 14, 1939; rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (87338) to (87340).

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2255 Procedure.

(a) The procedure, including pleadings, between the party joining an additional defendant and the additional defendant shall be the same as though the party joining the additional defendant were a plaintiff and the additional defendant were a defendant.

(b) Rescinded.

(c) No judgment on the pleadings may be entered in favor of any party against an additional defendant for failure to answer the complaint of the party joining the additional defendant, but all allegations of fact in such complaint to which an answer is required and which are not sufficiently answered shall be conclusive upon the additional defendant.

(d) The plaintiff shall recover from an additional defendant found liable to the plaintiff alone or jointly with the defendant as though such additional defendant had been joined as a defendant and duly served and the initial pleading of the plaintiff had averred such liability.

The provisions of this Rule 2255 amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial pages (309378) to (309379).

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2256 Counterclaims.

(a) An original defendant who asserts against the plaintiff a counterclaim not founded upon the transaction, occurrence or series of transactions or occurrences out of which the original cause of action arose may not join an additional defendant.

(b) An additional defendant may not assert a counterclaim which is not founded upon the transaction, occurrence or series of transactions or occurrences out of which the original cause of action arose.

The provisions of this Rule 2256 amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial page (309379).

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2257 Verdict, Specific Findings and Judgment.

Upon the court’s own motion or the request of any party, the jury, or the court, if the action is tried without a jury, shall return, in addition to a general verdict or finding, such specific findings as will determine the issues among all parties. Questions submitted to the jury for special findings shall be prepared or approved by the court and shall be in writing.

See Editorial Comment preceding Rule 2251.

Rule 2257 as originally adopted February 14, 1939, effective September 4, 1939, read as follows:

‘‘(a) The answer shall be framed in the same manner and form as is required for the pleading of a defendant in an action of assumpsit.

‘‘(b) A copy of the answer of the additional defendant shall be served upon every other party of record within five days after the filing of the answer.

‘‘(c) All allegations of fact in the petition which establish any liability of the additional defendant to or with the party bringing him on the record and which are not answered or not sufficiently answered by the additional defendant shall become conclusive as between, but only as between, the additional defendant and the party bringing him on the record.’’

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2258—2263 Superseded.

See Editorial Comment preceding Rule 2251.

Rules 2258-2263 as originally adopted Feb. 14, 1939, effective Sept. 4, 1939, were superseded by Order filed Dec. 30, 1942 which adopted provisions relating to ‘‘Joinder of Additional Defendants’’ as now set forth in Rules 2251-2257, 2274, 2275 herein.

Rules 2258-2263 read as follows:

‘‘Rule 2258. Supplementary statement of plaintiff.

‘‘(a) A plaintiff desiring to assert a claim against an additional defendant shall file a supplementary statement of his cause of action against such additional defendant within twenty days after service upon the plaintiff of a copy of the answer of the additional defendant, unless the court shall extend the time for filing such supplementary statement upon cause shown. The allegations of the supplementary statement may be made upon information without prejudice to the right of the plaintiff to maintain the correctness of the allegations in his original pleading.

‘‘(b) Upon the filing of such supplementary statement, the subsequent proceedings between the plaintiff filing such supplementary statement and the additional defendant shall be in conformity with the statutes and rules relating to pleading and practice between parties plaintiff and defendant in actions at law, except where otherwise provided by these rules.

‘‘(c) The failure of the plaintiff to file a supplementary statement within the period fixed by clause (a) of this rule shall bar him from any recovery against such additional defendant.

‘‘Rule 2259. Counterclaims and setoffs.

‘‘(a) A defendant who asserts against the plaintiff any counterclaim or setoff except one which is founded upon the transaction, occurrence or series of transactions or occurrences giving rise to the original cause of action may not bring an additional defendant upon the record.

‘‘(b) An additional defendant may assert in his answer, against any party asserting a claim against him, any counterclaim or setoff which he would be entitled to assert if independently sued in a separate action by such party, except that an additional defendant who asserts against any such party any counterclaim or setoff except one which is founded upon the transaction, occurrence or series of transactions or occurrences giving rise to the original plaintiff’s cause of action may not bring a further additional defendant upon the record.

‘‘(c) In any action in which a counterclaim or setoff is asserted by a defendant against a plaintiff, the plaintiff shall have all the rights of a defendant under these rules to bring additional parties upon the record. Such additional parties shall have all the rights of additional defendants under these rules.

‘‘Rule 2260. Pre-trial conference. Upon the expiration of the period for the filing of pleadings by all parties the court shall direct a pre-trial conference under Rule 212.

‘‘Rule 2261. Control of court over litigants. The court in its discretion may determine the extent to which any party of record may participate in proceedings which do not directly involve his rights or liabilities and may determine the order in which the parties shall present their evidence.

‘‘Rule 2262. Verdict, specific findings and judgment.

‘‘(a) In every action before a jury in which an additional party has been brought upon the record, all questions submitted to the jury for specific findings shall be in writing and shall be prepared or approved by the court. The jury shall take such questions with it upon retiring for deliberation, and the foreman of the jury shall write after each question the finding of the jury in response thereto.

‘‘(b) In every action in which an additional party has been brought upon the record, the court or the jury, as the case may be, in addition to any general verdict or finding, shall make such specific findings as will determine the liabilities of all parties inter se. The judgments entered in such action shall determine the liabilities of all parties inter se.

‘‘Rule 2263. Practice. Except where otherwise provided by these rules, the pleadings and practice after service of the petition and order shall be in conformity with the statutes and rules relating to pleadings and practice in actions at law.’’

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2274 [Rescinded].

Official Note

See Rule 52 governing effective date of rules and amendments to rules and the application of new rules and amendments to pending actions.

The provisions of this Rule 2274 rescinded March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial page (309381).

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

231 Pa. Code Rule 2275 [Rescinded].

Official Note

Former Rule 2275 suspended statutory provisions which were subsequently repealed.

The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

History

Source: The provisions of this Rule 2275 rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146741) to (146742).

Chapter 2300 INTERPLEADER BY DEFENDANTS

231 Pa. Code Rule 2301 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court which is subject to these rules;

‘‘defendant’’ means any party originally named as a defendant, any party added to the record as a defendant and any plaintiff against whom a counterclaim or setoff is asserted;

‘‘plaintiff’’ means any party prosecuting the action, or any defendant insofar as such defendant asserts any counterclaim or setoff against any plaintiff in the action.

The provisions of this Rule 2301 adopted July 10, 1939, effective January 22, 1940; amended January 4, 1952, effective July 1, 1952; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255327).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2302 Commencement of Proceedings.

At any time during the pendency of an action, the court, of its own motion or upon petition of a defendant, may interplead the plaintiff and one or more claimants not parties of record. More than one claimant may be interpleaded.

The provisions of this Rule 2302 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2303 Allegations Required in Petition. Stay of Proceedings.

(a) The petition for interpleader shall allege

(1) that a claimant not a party of record has made or is expected to make a demand upon the defendant as a result of which the defendant is or may be exposed to double or multiple liability to the plaintiff and to such claimant as to all or any part of the claim asserted by the plaintiff.

(2) that the petition is filed in good faith and not in collusion with the plaintiff or any claimant.

(3) the interest, if any, which the defendant claims in the money or property in controversy and whether the defendant is able (or if not, the reasons therefor) to pay or deliver that part of the money or property as to which he or she claims no interest into court or to such person as the court may direct.

(4) whether the defendant has admitted the claim of, or subjected himself or herself to independent liability to, the plaintiff or any claimant in respect to the subject matter of the action.

(b) The petition shall be subscribed and verified.

The provisions of this Rule 2303 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190606).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2304 Order of Court.

The petition shall be accompanied by a form of order of the court substantially as follows:

Now, this day of , the petition of (insert name of party seeking interpleader) is granted and (insert name of the claimant not a party to the action) is added to the record as a party plaintiff and enjoined from commencing or further prosecuting any action in any court against (the petitioner) to enforce in whole or in part any claim against the petitioner set forth in said petition, except as a party to the above entitled action.

Now, therefore, we command you, the Sheriff of the County of to direct the claimant, (insert name and address of the claimant) to file in the above entitled action in the office of the (insert title of officer and court) a complaint within twenty days after being served with copies of the petition for interpleader and this order and all pleadings heretofore filed in the above entitled action if said service was made within your county, or within thirty days of said service if said service was made within any other county of this Commonwealth.By the court

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2305 Service on and Answer of Plaintiff.

(a) A copy of the petition shall be served upon the plaintiff or the plaintiff’s attorney.

(b) The plaintiff’s answer, if any, to the petition shall be filed within twenty days of such service and a copy thereof shall be served upon the defendant or the defendant’s attorney.

The provisions of this Rule 2305 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190607).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2306 Action of Court on Petition.

(a) The court shall direct an interpleader if the petition is in conformity with these rules and the allegations thereof are established either by proof or by the failure of the plaintiff to file a sufficient answer; but the court may deny the petition if the defendant

(1) has unreasonably delayed in filing the petition, or

(2) has admitted the claim of, or subjected himself or herself to independent liability to, the plaintiff or any claimant, with knowledge that an inconsistent claim would be later asserted against him or her by any known or unknown person.

(b) If the defendant petitions to interplead claimants who in good faith and without collusion have started independent actions against the defendant in the same or different courts, the court in which the petition for interpleader is filed

(1) shall grant the petition where otherwise proper under these rules if the petition is filed in the first action commenced against the defendant;

(2) may refuse the petition although it would be proper to grant it under these rules if it is filed in any action other than the first action and the granting of the interpleader would unduly prejudice any party to any of the actions commenced against the defendant.

(1) the defendant has an interest in the action or asserts that he or she is not liable in whole or in part to any or all of the claimants and the plaintiff;

(2) there is no privity between any of the parties of record or the claimants or their claims do not have a common origin;

(3) the plaintiff and the claimants do not assert the identical right or demand the identical relief of the defendant;

(4) the court believes that the claim of the plaintiff or any claimant is without merit in law or fact.

The provisions of this Rule 2306 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (190607) to (190608).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2307 Order for Payment, Delivery or Sale of Property. Effect of Compliance Therewith.

(a) Upon granting a petition for interpleader, the court shall make such order as may be deemed just under the circumstances relating to the payment or delivery into court, or to such person as the court shall direct, of any money or property in controversy disclaimed by the defendant.

(b) When the defendant has complied with such order, the court shall enter an order discharging the defendant of all liability to the plaintiff and to any interpleaded claimant who has been served as required by these rules in respect to the money or property so paid or delivered. If the defendant has disclaimed all interest in the action the court in its order shall also discharge the defendant from all liability for any costs accruing after the entry of the order and shall allow the defendant the costs incurred by him in the action, to be paid from such money or property in the first instance and taxed as costs in the action.

(c) Upon granting the petition for interpleader or at any time thereafter but prior to the final determination thereof the court may make any order relating to the sale or disposition of any property in controversy.

The provisions of this Rule 2307 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (190608) to (190609).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2308 Service of Process on Interpleaded Claimants.

(a) Within twenty days after the entry of the order of the court directing the interpleader, each claimant interpleaded shall be served, in the same manner as provided for the service of original process, with a copy of the petition and order of the court and a copy of all pleadings theretofore filed in the action.

(b) A copy of such order shall be served upon the plaintiff or the plaintiff’s attorney.

(c) The court upon cause shown may extend the time for such service upon motion made either before or after the expiration of such time.

(d) [Rescinded].

The provisions of this Rule 2308 amended June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended June 25, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial pages (256978) to (256979). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2309 Claimant’s statement of claim. Service thereof.

(a) Within the time required by the order, each claimant interpleaded shall file a statement of claim against the defendant and any money or property paid or delivered by said defendant pursuant to an order of the court.

(b) The form and verification of the statement shall be the same as a complaint in a civil action.

(c) Following the allegations relating to the claim against the defendant, the interpleaded claimant may include in his or her statement, under the heading of ‘‘Additional Matter’’ any allegations relevant to the claim of any other claimant or party.

(d) A copy of the statement shall be served upon the plaintiff, and any other interpleaded claimant and upon the defendant if the defendant has not disclaimed all interest in the action.

The provisions of this Rule 2309 adopted July 10, 1939, effective January 22, 1940; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (190609) to (190610).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2310 Answers by Defendant, Plaintiff and other Claimants.

(a) A defendant, who has not disclaimed all interest in the action, may within twenty days after service of a claimant’s statement, file an answer thereto, except to any ‘‘Additional Matter’’ thereof.

(b) If a claimant has included ‘‘Additional Matter’’ in his statement, the plaintiff or any other interpleaded party shall within twenty days after service of the claimant’s statement, file an answer to such ‘‘Additional Matter,’’ insofar as such ‘‘Additional Matter’’ involves his claim in the action.

The provisions of this Rule 2310 adopted July 10, 1939, effective January 22, 1940; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190610).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2311 Failure to Answer or Sufficiently Answer.

All allegations of fact in a claimant’s statement which are not answered, or sufficiently answered, shall, as between the parties concerned thereby, be conclusive in the action.

The provisions of this Rule 2311 adopted July 10, 1939, effective January 22, 1940.

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2312 Questions of Jurisdiction.

The manner of raising questions of jurisdiction or of the form or sufficiency of any pleading shall be the same as in a civil action.

The provisions of this Rule 2312 adopted July 10, 1939, effective January 22, 1940; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (22355).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2313 Pre-trial Conference.

Upon the expiration of the period for the filing of pleadings by all parties the court shall direct a pre-trial conference under Rule 212.

The provisions of this Rule 2313 adopted July 10, 1939, effective January 22, 1940.

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2314 Judgment Barring Claim.

If an interpleaded party fails to plead as required by Rule 2309(a) the defendant may move the court to enter a judgment forever barring such party from asserting any claim against the defendant set forth in the petition for interpleader.

The provisions of this Rule 2314 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2315 Order Disposing of Property.

Upon the conclusion of the interpleader proceedings, the court shall enter an order disposing of money or property which has been paid or delivered by the defendant in compliance with an order made pursuant to Rule 2307(a).

The provisions of this Rule 2315 adopted July 10, 1939, effective January 22, 1940.

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2316 Recovery of Property and Execution.

The party to the interpleader ultimately found entitled to recover shall be entitled to payment or delivery of money or property awarded under Rule 2315 and to execution upon any judgment entered in his or her favor against any party to the interpleader although an interpleaded claimant has not been served as required by Rule 2308.

The provisions of this Rule 2316 adopted July 10, 1939, effective January 22, 1940; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190611).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2317 Successful Party not Required to Enter into Recognizance or Undertaking.

The court shall not require the party ultimately found entitled to recover to enter into a recognizance or undertaking to interplead with any claimant not served should such claimant assert against the defendant any claim set forth in the defendant’s petition for interpleader or to indemnify the defendant for any liability or loss should the claimant not served successfully assert such a claim against the defendant.

The provisions of this Rule 2317 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2318 Exclusive Method at Law. Equity Interpleader Preserved.

The right of interpleader conferred by these rules shall be the exclusive method of interpleader in any action and shall be in addition to, and not in lieu of, the right to commence a civil action for an interpleader.

The provisions of this Rule 2318 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255333).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2319 Trial Without Jury.

The trial of an interpleader by a judge sitting without a jury shall be in accordance with Rule 1038.

The provisions of this Rule 2319 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (22357).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2324 Effective Date. Pending Actions.

These rules shall become effective on the twenty-second day of January, 1940, and shall apply to actions pending at that time.

The provisions of this Rule 2324 adopted July 10, 1939, effective January 22, 1940.

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

231 Pa. Code Rule 2325 [Rescinded].

Official Note

Former Rule 2325 suspended statutory provisions which were subsequently repealed.

The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

History

Source: The provisions of this Rule 2325 adopted July 10, 1939, effective January 22, 1940; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87345) to (87346).

Chapter 2320 INTERVENTION

231 Pa. Code Rule 2326 Definitions.

As used in this chapter

‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules.

The provisions of this Rule 2326 adopted June 7, 1940, effective February 3, 1941; amended January 4, 1952, effective July 1, 1952; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (257835).

History

Source: The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

231 Pa. Code Rule 2327 Who may intervene.

At any time during the pendency of an action, a person not a party thereto shall be permitted to intervene therein, subject to these rules if

(1) the entry of a judgment in such action or the satisfaction of such judgment will impose any liability upon such person to indemnify in whole or in part the party against whom judgment may be entered; or

(2) such person is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof; or

(3) such person could have joined as an original party in the action or could have been joined therein; or

(4) the determination of such action may affect any legally enforceable interest of such person whether or not such person may be bound by a judgment in the action.

The provisions of this Rule 2327 adopted June 7, 1940, effective February 3, 1941; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190613).

History

Source: The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

231 Pa. Code Rule 2328 Petition to intervene.

(a) Application for leave to intervene shall be made by a petition in the form of and verified in the manner of a plaintiff’s initial pleading in a civil action, setting forth the ground on which intervention is sought and a statement of the relief or the defense which the petitioner desires to demand or assert. The petitioner shall attach to the petition a copy of any pleading which the petitioner will file in the action if permitted to intervene or shall state in the petition that the petitioner adopts by reference in whole or in part certain named pleadings or parts of pleadings already filed in the action.

(b) A copy of the petition shall be served upon each party to the action.

The provisions of this Rule 2328 adopted June 7, 1940, effective February 3, 1941; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial pages (257835) to (257836).

History

Source: The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

231 Pa. Code Rule 2329 Action of court on petition.

Upon the filing of the petition and after hearing, of which due notice shall be given to all parties, the court, if the allegations of the petition have been established and are found to be sufficient, shall enter an order allowing intervention; but an application for intervention may be refused, if

(1) the claim or defense of the petitioner is not in subordination to and in recognition of the propriety of the action; or

(2) the interest of the petitioner is already adequately represented; or

(3) the petitioner has unduly delayed in making application for intervention or the intervention will unduly delay, embarrass or prejudice the trial or the adjudication of the rights of the parties.

Official Note

Adopted June 7, 1940. Effective February 3, 1941. Amended April 18, 1975. Effective Immediately, 5 Pa.B. 1820.

History

Source: The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

231 Pa. Code Rule 2330 Practice.

(a) After the entry of an order allowing intervention, the intervener shall have all the rights and liabilities of a party to the action.

(b) Any party to the action may amend any pleading filed by the party to include any claim or defense available against an intervening party.

The provisions of this Rule 2330 adopted June 7, 1940, effective February 3, 1941; amended April 18, 1975; effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190614).

History

Source: The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

231 Pa. Code Rule 2348 Acts of Assembly not suspended.

These rules shall not be deemed to suspend or affect the following Acts of Assembly:

(1) Section 1 of the Act approved June 23, 1931, P. L. 1181, No. 321, 8 P. S. § 146.

Official Note

This section relates to the right to intervene in an action on a contractor’s bond.

(2) Section 4 of the Act approved December 20, 1983, P. L. 260, No. 72, 63 P. S. § 1604.

Official Note

This section relates to the rights of claimants to intervene in a suit on a bond of a public adjuster or public adjuster solicitor.

The provisions of this Rule 2348 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (87348).

History

Source: The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

231 Pa. Code Rule 2349 Effective date; pending actions.

These rules shall become effective on the fifth day of February, 1941, and shall apply to actions pending at that time. Adopted June 7, 1940. Eff. Feb. 3, 1941.

History

Source: The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

231 Pa. Code Rule 2350 Suspension of Acts of Assembly.

Section 12 of the Act approved May 16, 1923, P. L. 207, No. 153, 53 P. S. § 7181, insofar as it relates to intervention in proceedings to enforce municipal claims and tax liens, is suspended in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c).

The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

History

Source: The provisions of this Rule 2350 adopted June 7, 1940, effective February 3, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (87350) and (15909) to (15912).

Chapter 2350 SUBSTITUTION OF PARTIES

231 Pa. Code Rule 2351 Definitions.

As used in this chapter,

‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules, including actions to obtain judgment upon a mechanics’ lien claim but shall not include actions to enforce municipal liens and claims;

‘‘successor’’ means anyone who by operation of law, election or appointment has succeeded to the interest or office of a party to an action.

Official Note

See Rule 2004 governing the substitution of a person to whom a voluntary transfer is made. See also the following rules governing the removal of a particular party and substitution of a successor: Rule 2033, (guardian of a minor), Rule 2060, (guardian ad litem of an incapacitated person) and Rule 2203, (plaintiffs in an action for wrongful death).

The provisions of this Rule 2351 adopted September 30, 1949, effective April 1, 1950; amended May 27, 1964, effective June 30, 1964; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (296719).

History

Source: The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

231 Pa. Code Rule 2352 Substitution of successor.

(a) The successor may become a party to a pending action by filing of record a statement of the material facts on which the right to substitution is based.

(b) If the successor does not voluntarily become a party, the prothonotary, upon praecipe of an adverse party setting forth the material facts shall enter a rule upon the successor to show cause why the successor should not be substituted as a party.

The provisions of this Rule 2352 adopted September 30, 1949, effective April 1, 1950; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (213351).

History

Source: The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

231 Pa. Code Rule 2353 Service of rule.

(a) The rule shall be served in any manner in which the original process in the action could have been served.

(b) [Rescinded].

The provisions of this Rule 2353 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (40103).

History

Source: The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

231 Pa. Code Rule 2354 Status of successor; continuance.

If the successor voluntarily becomes a party to the action or the rule is made absolute, the successor shall have all the rights and liabilities of a party to the action. The court may order such continuances and extensions as may be necessary to afford the successor a reasonable opportunity to appear and prosecute or defend the action.

The provisions of this Rule 2354 adopted September 30, 1949, effective April 1, 1950; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (213352).

History

Source: The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

231 Pa. Code Rule 2355 Notice of Death of a Party. Substitution of Personal Representative.

(a) If a named party dies after the commencement of an action, the attorney of record for the deceased party shall file a notice of death with the prothonotary. The procedure to substitute the personal representative of the deceased party shall be in accordance with Rule 2352.

Official Note

Counsel for the deceased party should file the notice of death promptly upon learning of the death of the party and serve a copy upon every other party to the action.

See Section 3375 of the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S. § 3375 which provides that if a plaintiff dies and a personal representative is not appointed within one year after a suggestion of the death, the court, upon petition, shall abate the action if the delay in taking out letters is not reasonably explained.

This rule does not address the case law discussing whether the commencement of an action by or against a deceased person is a nullity and therefore does not toll the running of the statute of limitations.

(b) The notice of death required by subdivision (a) shall be substantially in the following form:

The death of

History

Source: The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

231 Pa. Code Rule 2373 Acts of Assembly not suspended.

Section 12 of the Act approved May 16, 1923, P. L. 207, No. 153, 53 P. S. § 7181 shall not be deemed suspended or affected by the rules governing substitution of parties.

Official Note

This section relates to actions to enforce municipal liens and claims.

The provisions of this Rule 2373 adopted September 30, 1949, effective April 1, 1950; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial page (99974).

History

Source: The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

231 Pa. Code Rule 2374 Effective date; pending actions.

These rules shall become effective on the first day of April, 1950, and shall apply to actions pending at that time. Adopted Sept. 30, 1949. Eff. April 1, 1950.

The provisions of this Rule 2374 adopted September 30, 1949, effective April 1, 1950.

History

Source: The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

231 Pa. Code Rule 2375 [Rescinded].

Official Note

Former Rule 2375 suspended statutory provisions which were subsequently repealed.

The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

History

Source: The provisions of this Rule 2375 adopted September 30, 1949, effective April 1, 1950; rescinded June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (99974), (40105) and (48436).

Chapter 2950 CONFESSION OF JUDGMENT FOR MONEY

231 Pa. Code Rule 2950 Definitions.

As used in this chapter

‘‘action’’ means a proceeding to enter a judgment by confession for money pursuant to an instrument, other than an instrument executed by a natural person in connection with a consumer credit transaction, authorizing such confession.

Official Note

The action is abolished insofar as it would apply to a confession of judgment which is part of an instrument executed in connection with a consumer credit transaction.

‘‘consumer credit transaction’’ means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes.

The provisions of this Rule 2950 adopted June 27, 1969, effective January 1, 1970; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (190621).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2951 Method of Proceeding.

(a) An action shall be commenced by filing with the prothonotary a complaint substantially in the form provided by Rule 2952.

(b) If the instrument is more than twenty years old, judgment may be entered only by leave of court after notice and the filing of a complaint.

(c) When the original or a photostatic copy or like reproduction of the instrument showing the defendant’s signature is not attached to the complaint, judgment may be entered only by leave of court after notice.

Official Note

The procedure for notice and hearing shall be in accordance with local practice.

See sections 401(h) and 1205 of the Goods and Services Installment Sales Act, 1966, Special Sess. No. 1, October 28, P. L. 7, effective April 1, 1967, 69 P. S. 1401(h) and 2205 which may limit the venue for commencement of an action in certain cases.

The provisions of this Rule 2951 amended December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended November 14, 2007, effective December 14, 2007, 37 Pa.B. 6258; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial pages (331710) to (331711).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2952 Complaint; Contents.

(a) The complaint shall contain the following:

(1) the names and last known addresses of the parties;

Official Note

These rules change prior practice by not requiring a separate certification of address.

(2) the original or a photostatic copy or like reproduction of the instrument showing the defendant’s signature; if the original is not attached, an averment that the copy attached is a true and correct reproduction of the original; if neither the original nor a reproduction can be attached, an explanation why they are not available;

Official Note

If the original instrument is not attached to the complaint, a method of securing inspection thereof is provided by Discovery Rule 4009.1 et seq.

If the complaint is to be filed in a judicial district which has implemented electronic filing, an electronic copy of the instrument should be attached to the complaint. Should an issue arise concerning the instrument, any party at any time may request the production of the original instrument for inspection pursuant to Pa.R.C.P. No. 205.4(b)(5).

(3) An averment that judgment is not being entered by confession against a natural person in connection with a consumer credit transaction;

(4) a statement of any assignment of the instrument;

(5) either a statement that judgment has not been entered on the instrument in any jurisdiction or if it has been entered an identification of the proceedings;

Official Note

Whether a prior entry of judgment has exhausted the warrant is a matter of substantive law.

(6) if the judgment may be entered only after a default or the occurrence of a condition precedent, an averment of the default or of the occurrence of the condition precedent;

(7) an itemized computation of the amount then due, based on matters outside the instrument if necessary, which may include interest and attorneys’ fees authorized by the instrument;

(8) a demand for judgment as authorized by the warrant;

Official Note

If the instrument authorizes confession for a penal sum judgment may be entered in that amount.

(9) if the instrument is more than twenty years old, or if the original or a photostatic copy or like reproduction of the instrument showing the defendant’s signature is not attached to the complaint, an application for a court order granting leave to enter judgment after notice;

Official Note

The procedure for notice and hearing will be in accordance with local practice.

(10) signature and verification in accordance with the rules relating to a civil action;

(b) The complaint shall neither contain a notice to defend nor be endorsed with a notice to plead, and no responsive pleading shall be required whether or not the complaint contains a notice to defend or is endorsed with a notice to plead.

Official Note

Added June 27, 1969. Effective January 1, 1970. Amended January 20, 1970. Effective February 15, 1970. Amended October 4, 1973. Effective December 1, 1973.

Neither Rule 1018.1 nor Rule 1361 applies to a complaint in confession of judgment.

The provisions of this Rule 2952 amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended November 14, 2007, effective December 14, 2007, 37 Pa.B. 6258. Immediately preceding text appears at serial pages (213355) to (213356).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2953 Successive Actions.

(a) Where an instrument authorizes judgments to be confessed from time to time for separate sums as or after they become due, successive actions may be commenced and judgments entered for such sums.

(b) If an instrument authorizes entry of judgments for money and in ejectment, the entry of judgment in ejectment shall not prevent the entry of judgment for money.

Official Note

Added June 27, 1969. Effective January 1, 1970.

The limits within which the plaintiff may have satisfaction under one or both of these judgments is a matter of substantive law.

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2954 Judgment in Name of Holder, Assignee or Transferee.

Judgment shall be entered only in the name of a holder, assignee or other transferee.

Official Note

Added June 27, 1969. Eff. Jan. 1, 1970.

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2955 Confession of Judgment.

(a) The plaintiff shall file with the complaint a confession of judgment substantially in the form provided by Rule 2962.

(b) The attorney for the plaintiff may sign the confession as attorney for the defendant unless an Act of Assembly or the instrument provides otherwise.

Official Note

There are local rules in some counties requiring the filing of an affidavit of non-military service. See also the Servicemembers, Civil Relief Act, 50 U.S.C.A. Appendix § 521.

The provisions of this Rule 2955 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial page (307565).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2956 Entry of Judgment.

The prothonotary shall enter judgment in conformity with the confession.

Official Note

As to instruments more than 20 years old see Rules 2951(b) and 2952(a)(9).

See Rule 236 for the notice required to be given and the documents required to be mailed to the defendant by the prothonotary.

The provisions of this Rule 2956 added June 27, 1969, effective September 1, 1970, amended March 10, 1977, effective April 25, 1977, 7 Pa.B. 840; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial page (307565).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2956.1 Execution Upon a Judgment Entered by Confession.

(a) Except as otherwise provided by subdivisions (b) and (c), a judgment entered by confession shall be enforced as provided by Rule 3101 et seq. governing the enforcement of a judgment for the payment of money.

(b) A judgment entered by confession which arises from a retail installment sale, contract or account under the Goods and Services Installment Sales Act or which constitutes a residential mortgage obligation under the Loan Interest and Protection Law shall be conformed as provided by Rule 2981 et seq. prior to execution.

Official Note

These Acts of Assembly prohibit execution upon these judgments until they have been conformed in a separate action. Once conformed pursuant to Rule 2986, these judgments may be enforced in the same manner as other judgments for the payment of money.

(c) Execution upon a judgment entered by confession which is not within the scope of subdivision (b) and to which a petition to open or strike the judgment has not been filed, shall be

(1) commenced by a praecipe as provided by Rule 2957 and

Official Note

The praecipe required by subparagraph (1) is in place of the praecipe prescribed by Rule 3251.

(2) conditioned upon the service of notice on the defendant in the judgment as provided by either

(i) Rule 2958.1 at least thirty days prior to the filing of the praecipe for the writ of execution, or

(ii) Rule 2958.2 with the notice of sale of real property, or

(iii) Rule 2958.3 with the writ of execution.

Official Note

The notice may be given prior to execution under Rule 2958.1 or as part of the execution process under Rule 2958.2 or 2958.3, whichever is applicable.

Notice prior to execution under Rule 2958.1 may be given in all cases. However, the notice served with the notice of sale of real property under Rule 2958.2 is limited to execution upon real property or real property and personal property subject to Section 9501(d) of the Uniform Commercial Code. The notice served with the writ of execution under Rule 2958.3 is limited to an execution upon personal property or personal and real property.

Written notice under subdivision (c)(2) is required only in connection with execution proceedings and is in addition to the procedural requirements of Rule 3101 et seq. The notice is in addition also to the notice of the entry of the judgment given by the prothonotary under Rule 236.

The provisions of this Rule 2956.1 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended September 13, 1996, effective immediately, 26 Pa.B. 4636. Immediately preceding text appears at serial pages (213357) to (213358).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2957 Praecipe for Writ of Execution; Amount; Items Claimed; Certification.

(a) Plaintiff may include the amount due, interest, attorneys’ fees and costs in the praecipe for a writ of execution under Rule 2963(5).

(b) The praecipe for the writ of execution shall contain the words ‘‘Confessed Judgment’’ immediately below the title of the praecipe and a certification that

(1) the praecipe is based upon a confessed judgment and

(2) the prothonotary is authorized to issue the writ of execution because

(i) notice has been served pursuant to Rule 2958.1 as evidenced by a return of service filed of record, or

(ii) notice will be served pursuant to Rule 2958.2 because the property to be levied upon consists solely of real property or real property and personal property to be sold with the real property pursuant to Section 9604(a) of the Uniform Commercial Code, or

(iii) notice will be served pursuant to Rule 2958.3 because the property to be levied upon consists of personal property or personal property and real property, not within the scope of Rule 2958.2(a)(2), or

(iv) notice was served in connection with a prior execution on this judgment and no further notice is required under Rule 2958.4(b), or

(v) a petition to open or strike the judgment has been previously filed and notice is not required under Rule 2956.1(c).

Official Note

See Rule 2963 for the form of the praecipe for writ of execution upon a confessed judgment.

The provisions of this Rule 2957 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended October 15, 2004, effective immediately, 34 Pa.B. 5890; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial pages (307566) to (307567).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2958 [Rescinded].

The provisions of this Rule 2958 rescinded April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial pages (48441) and (146745).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2958.1 Notice Served Prior to Execution.

(a) A written notice substantially in the form prescribed by Rule 2964 shall be served on the defendant at least thirty days prior to the filing of the praecipe for a writ of execution.

Official Note

The notice provided for by this rule may be served in all executions within the scope of Rule 2956.1(c). If notice is served under this rule at least thirty days prior to the filing of the praecipe, notice need not be given under Rule 2958.2 governing execution upon real property or Rule 2958.3 governing execution upon personal or personal and real property. Conversely, if notice is served under either Rule 2958.2 or 2958.3, notice need not be given under this rule.

Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule.

Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.

(b) The notice shall be served

(1) upon a defendant in the judgment who has not entered an appearance

(i) by the sheriff or by a competent adult who is not a party to the action in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or

(ii) by the plaintiff mailing a copy in the manner prescribed by Rule 403, or

(iii) pursuant to special order of court as prescribed by Rule 430 if service cannot be made as provided in subparagraphs (i) or (ii), or

(2) upon a defendant in the judgment who has entered an appearance, by the plaintiff in the manner provided by Rule 440.

The provisions of this Rule 2958.1 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (256981) to (256982). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2958.2 Notice of Execution Served With Notice of Sale of Real Property.

(a) Written notice substantially in the form prescribed by Rule 2965 shall be served upon the defendant at least thirty days prior to the sheriff’s sale if the property to be levied upon consists solely of

(1) real property, or

(2) real property and personal property to be sold with the real property pursuant to Section 9604(a) of the Uniform Commercial Code.

Official Note

Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. § 9604(a) relates to the rights of a secured party when the agreement covers real and personal property.

The notice required by this rule must be served only when the plaintiff has not proceeded under Rule 2958.1 requiring at least thirty days notice prior to the filing of the praecipe for writ of execution.

Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule.

Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.

(b) The notice shall be served with the written notice of sale of real property and shall be governed by the provisions of Rule 3129.2(c).

Official Note

Rule 3129.2(c) governing notice of the sale of real property provides for the manner of service, the return of service and the timeliness of the service.

The provisions of this Rule 2958.2 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended October 15, 2004, effective immediately, 34 Pa.B. 5890. Immediately preceding text appears at serial page (260388).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2958.3 Notice of Execution Served With Writ of Execution. Request for Prompt Hearing Limited to Issue of Waiver of Due Process Rights.

(a) Written notice in the form prescribed by Rule 2966 and a form of petition to strike the judgment and request for prompt hearing in the form prescribed by Rule 2967 shall be served upon the defendant with the writ of execution if the property to be levied upon or attached consists of

(1) personal property or

(2) personal property and real property, not within the scope of Rule 2958.2(a)(2).

Official Note

Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule.

Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.

(b) If the writ has been served and property has been levied upon or attached, the defendant may file with the sheriff a petition to strike the judgment in the form provided by Rule 2967. The petition shall be limited to the issue whether the defendant voluntarily, intelligently and knowingly waived the right to notice and hearing prior to the entry of the judgment. The defendant may include in the claim a demand for a prompt hearing. The sheriff shall immediately notify the plaintiff of the filing of the petition.

(c) The sheriff shall immediately present the matter to the court. The court shall hear the claim within three business days thereafter upon such notice to the parties as the court shall direct and shall promptly dispose of the matter on the testimony, admissions or other evidence.

(1) If the court finds that the plaintiff has shown by a preponderance of the evidence that the defendant voluntarily, intelligently and knowingly waived the right to notice and hearing prior to the entry of judgment, it shall enter an order so determining and the stay of the execution proceedings under subdivision (d) shall terminate automatically.

(2) If the court finds that the plaintiff has not made the required showing, it shall enter an order vacating the writ of execution and striking the judgment. Upon entry of the order, any property which has been seized, levied upon or attached pursuant to the writ of execution shall be returned to the defendant.

(d) Execution proceedings shall be stayed during the period from the time the defendant files the hearing request form with the sheriff to the time the court makes the determination on the request.

The provisions of this Rule 2958.3 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended April 17, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213360) to (213361).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2958.4 Choice of Procedure. Notice Upon Subsequent Executions.

(a) A plaintiff who has given notice pursuant to Rule 2958.1 may not proceed thereafter under Rules 2958.2 and 2958.3.

(b) The notice required by Rules 2958.1 through 2958.3 need not be given upon subsequent executions on a judgment if the notice was given prior to or upon a previous execution on that judgment and either

(1) the defendant filed a petition for relief from the judgment and the court denied the relief, or

(2) the defendant failed to file a petition for relief from the judgment within thirty days after service of the notice as required by Rule 2959(a)(3).

The provisions of this Rule 2958.4 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2959 Striking Off or Opening Judgment. Pleadings. Procedure.

(a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment.

(2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only

(i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and

(ii) as provided by Rule 2958.3 or Rule 2973.3.

(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied.

(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order.

(d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440.

(e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment.

(f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending.

(g)(1) A judgment shall not be stricken or opened because of a creditor’s failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor.

(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date.

The provisions of this Rule 2959 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended September 28, 2004, effective immediately, 34 Pa.B. 5551. Immediately preceding text appears at serial pages (24894) and (218363).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2960 Proceedings Upon Opening of Judgment. Pleadings. Jury Trial. Waiver.

If a judgment is opened in whole or in part the issues to be tried shall be defined by the complaint if a complaint has been filed, and by the petition, answer and the order of the court opening the judgment. There shall be no further pleadings. The right to a jury trial on the opened judgment shall be deemed waived unless a party files and serves a written demand for jury trial within twenty days after the order opening judgment; but if the issue is referred to compulsory arbitration, Rule 1007.1 shall apply.

Official Note

Added June 27, 1969, effective January 1, 1970; amended October 4, 1973, effective December 1, 1973.

The provisions of this Rule 2960 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2961 Application of Amendments to Pending Actions.

(a) The amendments promulgated in 1996 to the rules of civil procedure prohibiting the entry of a judgment by confession for money in connection with a consumer credit transaction shall apply to actions commenced after the effective date set forth in the Order of the Supreme Court.

Official Note

The amendments to Rules 2950, 2951 and 2952 generally relate to the prohibition against the entry of a judgment by confession arising from a consumer credit transaction.

(b) The amendments promulgated in 1996 to the rules governing execution on a judgment entered by confession for money shall apply to executions commenced after the effective date set forth in the Order of the Supreme Court.

Official Note

The amendments to Rules 2956.1 through 2959 and Rules 2963 through 2967 generally relate to execution upon a judgment entered by confession and relief from the judgment.

The provisions of this Rule 2961 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (146746).

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2962 Confession of Judgment Where Action Commenced by Complaint.

The confession of judgment required by Rule 2955 shall be substantially in the following form:

Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant(s) and confess judgment in favor of the plaintiff(s) and against defendant(s) as follows: *(Principal) *(Penal) Sum…$

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2963 Praecipe for Writ of Execution. Certification. Form.

The praecipe for a writ of execution upon a confessed judgment shall be substantially in the following form:

PRAECIPE FOR WRIT OF EXECUTION UPON ACONFESSED JUDGMENT

To the Prothonotary:

Issue a writ of execution upon a judgment entered by confession in the above matter,

(1) directed to the sheriff of

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2964 Notice of Judgment and Execution Required by Rule 2958.1. Form.

The notice required by Rule 2958.1 shall be substantially in the following form:

(Caption)

Notice Under Rule 2958.1 of Judgment andExecution Thereon

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2965 Notice of Judgment and Execution Required by Rule 2958.2. Form.

The notice required by Rule 2958.2 shall be substantially in the following form:

(Caption)

Notice Under Rule 2958.2 of Judgment andExecution Thereon

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2966 Notice of Judgment and Execution Required by Rule 2958.3. Form.

The notice required by Rule 2958.3 shall be substantially in the following form:

(Caption)

Notice Under Rule 2958.3 of Judgment andExecution Thereon

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

231 Pa. Code Rule 2967 Petition to Strike Judgment. Form.

The petition to strike judgment required by Rules 2958.3 and 2973.3 shall be substantially in the following form:

(Caption)

PETITION TO STRIKE JUDGMENT

History

Source: The provisions of this Rule 2967 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

Chapter 2970 CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY

231 Pa. Code Rule 2970 Conformity. Scope.

Except as otherwise provided in this chapter, the procedure in an action to enter a judgment in ejectment for possession of real property by confession pursuant to an instrument, other than a residential lease executed by a natural person, authorizing such confession shall be in accordance with the rules relating to confession of judgment for money.

Official Note

Confession of judgment in ejectment is abolished with respect to a residential lease executed by a natural person.

The provisions of this Rule 2970 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146747).

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2971 Commencement of Action.

(a) An action shall be commenced by filing with the prothonotary a complaint substantially in the form provided by Rule 2952. The complaint shall also contain

(1) an averment, in place of that required by Rule 2952(a)(3), that the judgment is not being entered against a natural person in connection with a residential lease, and

(2) a description of the property and

(3) a demand for judgment in ejectment.

(b) The plaintiff shall file with the complaint a confession of judgment substantially in the form provided by Rule 2974.

Official Note

If the plaintiff seeks mesne profits in ejectment a separate action must be brought for the mesne profits.

The provisions of this Rule 2971 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146747).

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2972 Successive Actions.

If an instrument authorizes judgment to be entered in ejectment and for money, the entry of judgment for money shall not prevent the entry of judgment in ejectment.

Official Note

The limits within which the plaintiff may have satisfaction under one or both of these judgments is a matter of substantive law.

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2973 [Rescinded].

The provisions of this Rule 2973 rescinded April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146748).

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2973.1 Execution.

Except as otherwise provided by subdivisions (b) and (c), a judgment in ejectment entered by confession shall be enforced in the manner provided by Rule 3160 et seq. governing the enforcement of a judgment in an action of ejectment.

Official Note

The form of praecipe required by subdivision (b) is in place of the form of praecipe prescribed by Rule 3254. The notice required by subdivision (c) is in addition to the procedural requirements of Rule 3160 et seq.

(b) Execution shall be commenced by filing a praecipe for a writ of possession in the form prescribed by Rule 2974.1.

(c) If no petition to open or strike the judgment has been filed, written notice shall be served upon the defendant in the judgment either

(1) prior to execution as provided by Rule 2973.2, or

(2) with the writ of possession as provided by Rule 2973.3.

Official Note

The written notice provided by this rule is required only in connection with execution proceedings. The notice is in addition to the notice of the entry of judgment required by Rule 236.

The provisions of this Rule 2973.1 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814.

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2973.2 Notice Served Prior to Execution.

(a) A written notice in the form prescribed by Rule 2974.2 shall be served on the defendant at least thirty days prior to the filing of the praecipe for a writ of possession.

Official Note

If notice is served under this rule at least thirty days prior to the filing of the praecipe, notice need not be given under Rule 2973.3. Conversely, if notice is served under Rule 2973.3, notice need not be given under this rule.

Rule 2974.1 governing the form of the praecipe for the writ of possession requires a certification that notice has been given as provided by this rule.

Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.

(b) The notice shall be served

(1) upon a defendant in the judgment who has not entered an appearance

(i) by the sheriff or by a competent adult who is not a party to the action in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or

(ii) by the plaintiff mailing a copy in the manner prescribed by Rule 403, or

(iii) pursuant to special order of court as prescribed by Rule 430 if service cannot be made as provided in subparagraphs (i) or (ii), or

(2) upon a defendant in the judgment who has entered an appearance, by the plaintiff in the manner provided by Rule 440.

The provisions of this Rule 2973.2 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256985). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2973.3 Notice Served with Writ of Possession. Prompt Hearing Limited to Issue of Waiver of Due Process Rights.

(a) A written notice in the form prescribed by Rule 2974.3 and a form of petition to strike the judgment and request for prompt hearing prescribed by Rule 2967 shall be served upon the defendant with the writ of possession.

Official Note

If notice is served under this rule with the writ of possession, notice need not be given under Rule 2973.2.

Rule 2974.1 governing the form of the praecipe for the writ of possession requires a certification that notice will be given as provided by this rule.

See Rule 2959(a)(3) which requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.

(b) A defendant who has been given notice pursuant to Rule 2973(a) may file with the sheriff a petition to strike the judgment in the form provided by Rule 2967. The petition shall be limited to the issue whether the defendant voluntarily, intelligently and knowingly waived the right to notice and hearing prior to the entry of the judgment. The defendant may include in the claim a demand for a prompt hearing. The sheriff shall immediately notify the plaintiff of the filing of the petition.

(2) If the court finds that the plaintiff has not made the required showing, it shall enter an order vacating the writ of possession and striking the judgment. Upon entry of the order, any property from which the defendant has been evicted pursuant to the writ of possession shall be returned to the defendant’s possession.

(d) Execution proceedings shall be stayed during the period from the time the defendant files the hearing request form with the sheriff to the time the court makes the determination on the petition.

The provisions of this Rule 2973.3 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (213373) to (213374).

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2973.4 Choice of Procedure. Notice Upon Subsequent Executions.

(a) A plaintiff who has given notice pursuant to Rule 2973.2 may not proceed thereafter under Rule 2973.3.

(b) The notice required by Rules 2973.2 and 2973.3 need not be given upon subsequent executions on a judgment if the notice was given prior to or upon a previous execution on that judgment and either

(1) the defendant filed a petition for relief from the judgment and the court denied the relief, or

(2) the defendant failed to file a petition for relief from the judgment within thirty days after service of the notice as required by Rule 2959(a)(3).

The provisions of this Rule 2973.4 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814.

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2974 Confession of Judgment. Form.

The confession of judgment required by Rule 2971(b) shall be substantially in the following form:

Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant(s) and confess judgment in ejectment in favor of the plaintiff(s) and against the defendant(s) for possession of the real property described as follows:

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2974.1 Praecipe for Writ of Possession.

The praecipe for a writ of possession shall be substantially in the following form:

To the Prothonotary:

Issue writ of possession upon the judgment in ejectment entered by confession in the above matter.

I certify that

(1) This praecipe is based upon a judgment entered by confession, and (Delete three of the following paragraphs which are inapplicable.)

(2) Notice pursuant to Rule 2973.2 has been served at least thirty days prior to the filing of this praecipe as evidenced by a return of service filed of record.

(3) Notice pursuant to Rule 2973.3 will be served with the writ of possession.

(4) Notice was served in connection with a prior execution on this judgment and, pursuant to Rule 2973.4(b), no further notice is required.

(5) Notice is not required under Rule 2973.1(c) because a petition to open or strike the judgment was previously filed.

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2974.2 Notice of Judgment and Execution Required by Rule 2973.2. Form.

The notice required by Rule 2973.2 shall be substantially in the following form:

(Caption)Notice under Rule 2973.2 of Judgment and Execution

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2974.3 Notice of Judgment and Execution Required by Rule 2973.3. Form.

The notice required by Rule 2973.3 shall be substantially in the following form:

(Caption)

Notice under Rule 2973.3 of Judgment andExecution Thereon

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2975 Application of Amendments to Pending Actions.

(a) The amendments promulgated in 1996 to the rules of civil procedure prohibiting the entry of a judgment by confession for possession in connection with a residential lease shall apply to actions commenced after the effective date set forth in the Order of the Supreme Court.

Official Note

The amendments to Rules 2970 and 2971 relate to the prohibition against the entry of a judgment by confession arising from a consumer credit transaction.

(b) The amendments promulgated in 1996 to the rules governing execution on a judgment entered by confession for possession shall apply to executions commenced after the effective date set forth in the Order of the Supreme Court.

Official Note

The amendments to Rules 2973.1 through 2973.3 and 2974.1 through 2974.3 relate to execution upon a judgment entered by confession and relief from the judgment.

The provisions of this Rule 2975 rescinded December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146748).

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

231 Pa. Code Rule 2976 Suspension of Acts of Assembly. Abolition of Practice and Procedure Under Repealed Statutes.

The practice and procedure provided in all former Acts of Assembly governing confession of judgment, which have been repealed by the Judiciary Act Repealer Act (JARA), Act of April 28, 1978, No. 53, and which are now part of the common law of the Commonwealth by virtue of Section 3(b) of JARA, are hereby abolished and shall not continue as part of the common law of the Commonwealth.

The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

History

Source: The provisions of this Rule 2976 rescinded and replaced December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Immediately preceding text appears at serial page (146749).

Chapter 2980 STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT

231 Pa. Code Rule 2981 Definitions. Conformity to Civil Action.

(a) As used in this chapter

‘‘Act’’ means Act No. 6 of 1974, approved January 30, 1974, 41 P. S. § 101 et seq. or Act No. 7, approved October 28, 1966 (Special Session No. 1), as amended by the Act of March 25, 1982, No. 68, 69 P. S. § 1101 et seq.

Official Note

Act No. 6 is known as the Loan Interest and Protection Law. Act No. 7 is known as the Goods and Services Installment Sales Act.

‘‘Action’’ means an action required by the Act as a prerequisite to the issuance of execution upon certain judgments entered by confession. It shall not include an action of mortgage foreclosure.

Official Note

The action is required by section 407 of the Act No. 6 of 1974, 41 P. S. § 407, and by section 605 of Act No. 7 of 1966 (Special Session No. 1), as amended, 69 P. S. § 1605.

(b) Except as otherwise provided in this chapter, the procedure shall be in accordance with the rules relating to a civil action.

The provisions of this Rule 2981 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728. Immediately preceding text appears at serial page (87353).

History

Source: The provisions of this Rule 2986 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (146753).

231 Pa. Code Rule 2982 Venue.

(a) The action required by Act No. 6 of 1974 shall be commenced only in the county in which the confessed judgment, whether entered originally or by transfer, constitutes a lien upon residential real estate of the defendant.

(b) The action required by Act No. 7 of 1966 (Special Session No. 1) shall be commenced in the county in which the contract was in fact signed by the buyer, in the county in which the buyer resided at the time the contract was entered into, in the county in which the buyer resides at the commencement of the action, or in the county in which the goods purchased pursuant to such contract have been so affixed to real property as to become a part of such real property.

The provisions of this Rule 2982 amended April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728. Immediately preceding text appears at serial page (87353).

History

Source: The provisions of this Rule 2986 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (146753).

231 Pa. Code Rule 2983 Commencement of Action.

The action shall be commenced by filing a complaint with the prothonotary.

History

Source: The provisions of this Rule 2986 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (146753).

231 Pa. Code Rule 2984 Complaint.

The complaint shall include:

(1) the names of the parties to the confessed judgment which is the subject matter of the action and the court and number, and the date and amount thereof;

(2) a copy of the notice required by the Act and the date it was sent;

Official Note

The notice required by section 403 of Act No. 6 of 1974, 41 P. S. § 403, or by section 1102 of Act No. 7 of 1966 (Special Session No. 1), 69 P. S. § 2102, replaces the notice required under Rule 2958.

(3) an itemization of the amount claimed to be due;

(4) a demand for the judgement required by the Act.

Official Note

See section 407 of Act No. 6 of 1974, 41 P. S. § 407, and section 605 of Act No. 7 of 1966 (Special Session No. 1), 69 P. S. § 1605.

The provisions of this Rule 2984 amended April 23, 1985, effective July 1, 1985, 15 Pa.B. 1728; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (213382).

History

Source: The provisions of this Rule 2986 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (146753).

231 Pa. Code Rule 2985 [Rescinded].

Official Note

For service of original process, see Rule 400 et seq.

The provisions of this Rule 2985 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (98203).

History

Source: The provisions of this Rule 2986 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (146753).

231 Pa. Code Rule 2986 Judgment. Conforming the Confessed Judgment.

(a) Judgment shall be entered in the action for the amount, if any, due the plaintiff from the defendant or the amount, if any, due the defendant from the plaintiff. That judgment shall merge with the confessed judgment. The court shall enter an appropriate order conforming the confessed judgment to the judgment in the action.

Official Note

Under Rule 214(g) trial of the action may be advanced by the court for good cause.

Once the judgment is conformed, it is enforced in the same manner as other money judgments pursuant to Rule 3101 et seq. Notice under Rule 2956.1(c) is not required when a confessed judgment has been conformed pursuant to this rule.

(b) If the confessed judgment was entered in any county other than the county in which the action was brought, no execution may issue on the confessed judgment in that other county until after a certified copy of the order conforming the confessed judgment has been filed therein.

This Order is effective January 2, 1976.

The provisions of this Rule 2986 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (146753).

History

Source: The provisions of this Rule 2986 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806. Immediately preceding text appears at serial page (146753).

Chapter 4000 DEPOSITIONS AND DISCOVERY

231 Pa. Code Rule 4001 Scope. Definitions.

(a) The rules of this chapter apply to any civil action or proceeding brought in or appealed to any court which is subject to these rules including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923.

Official Note

Rule 1701(b)(4) of the Pennsylvania Rules of Appellate Procedure permits a lower court to authorize the taking of depositions or the preservation of testimony in the interest of justice after an appeal is taken. The procedure under these rules is applicable to such depositions.

See Rule 1930.5 governing discovery in domestic relations matters and specifying when leave of court is and is not required. See also Rules 1910.9 and 1915.5(c) governing discovery in actions for support and custody, respectively.

(b) As used in this chapter, unless the context clearly indicates otherwise,

‘‘court’’ means the court in which the action is pending;

‘‘deposition’’ includes a deposition upon written

‘‘trial’’ includes a hearing before arbitrators or viewers.

Official Note

These rules apply to an action pending in the court of common pleas and referred to compulsory arbitration under Section 7361 of the Judicial Code, 42 Pa.C.S. § 7361.

(c) Subject to the provisions of this chapter, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case, or for use at a hearing upon petition, motion or rule, or for any combination of the foregoing purposes.

Official Note

See Rule 4003.8 governing pre-complaint discovery.

(d) Subject to the provisions of this chapter, any party may obtain discovery by one or more of the following methods: depositions upon oral examination (Rule 4007.1) or written interrogatories (Rule 4004); written interrogatories to a party (Rule 4005); production of documents and things and entry for inspection and other purposes (Rule 4009); physical and mental examinations (Rule 4010); and requests for admission (Rule 4014).

Official Note

Under subdivision (d), for example, a party may discover documents and things in the possession of a person not a party by means of a subpoena duces tecum issued in connection with a deposition upon oral examination under Rule 4007.1, a subpoena for the production of documents and things under Rule 4009.21 et seq., and an independent action.

The amendments to Rule 4001 are designed to achieve three principal purposes. First, to designate specifically the actions and proceedings subject to the Rules. Second, to designate the purposes of a deposition and of discovery. Third, to provide at the outset as does amended Fed. R.Civ.P. 26(a), a catalogue of the armory of discovery procedures available. (Rule 4001(d))

Before the amendment, Rule 4001(a) stated a scope which included ‘‘any civil action or proceeding at law or in equity brought in or appealed to any court which is subject to these rules.’’ Taken literally, these words embrace every conceivable form of action. They are unchanged by these amendments. However, the application of the Rules to eminent domain and to divorce, custody and support proceedings was not uniform. The amendments clarify the application of the Rules to those proceedings.

Viewers’ proceedings to assess damages in eminent domain actions were historically brought in the Courts of Quarter Sessions, which were courts not originally subject to the Rules of Civil Procedure. Even after the enactment of the Eminent Domain Code of 1963, vesting jurisdiction over eminent domain proceedings in the unified Common Pleas Court, Sec. 703(2) of the Eminent Domain Code provided only for limited discovery of experts’ valuation reports on appeal to the Common Pleas, provided they had not already testified before the viewers. The Code made no provision whatsoever for discovery for use in the initial proceedings before viewers. The viewers’ proceedings were the discovery proceedings. This often left litigants at a disadvantage before the viewers, in some cases leading to needless appeals.

The amendment to Rule 4001(a) makes clear that the entire chapter of deposition and discovery proceedings applies at all stages of an eminent domain action.

‘‘Trial’’ is defined in Rule 4001(b) specifically to include proceedings before ‘‘viewers’’ and also ‘‘arbitrators.’’

Control of the deposition and discovery procedure at the viewers’ and arbitrators’ stage will remain in the court. The viewers and arbitrators are not empowered to grant protective orders, impose sanctions or to take other action authorized by the Rules. The court in its order appointing viewers might consider establishing a cut-off date for completion of discovery so that the viewers’ hearings will not be unduly delayed. Or the viewers could set a cut-off date for hearing to afford opportunity for discovery.

In the Orphans’ Court Division, Supreme Court Orphans’ Court Rule 3.6 provides that the local Orphans’ Courts by general rule or special order may prescribe the practice relating to depositions, discovery, production of documents, and perpetuation of testimony. To the extent not provided by general rule or special order, the Orphans’ Court Rule provides that the practice relating to such matters shall conform to the practice in the trial or civil division of the local Court of Common Pleas. As a result, some courts have adopted local rules which require leave of court in all Orphans’ Court Division cases. Others limit discovery in varying degrees. Others have adopted no local rules, thereby incorporating these Rules in toto. Under a unified court system and statewide practice, this lack of uniformity is undesirable. However, the Orphans’ Court Rules are independent and cannot be regulated by the Civil Procedural Rules.

Where leave of court is required, application for leave is required in each individual proceeding. A local rule authorizing discovery in all cases without an individual application and a hearing would be inconsistent with the Rule. Further, it would be inconsistent with statewide practice and would permit non-uniformity of practice in the important area of discovery and depositions.

Leave of court is further discussed in Rule 4007.2.

The Committee considered but rejected the radical suggestion that all depositions and discovery, except depositions of aged, infirm, or going witnesses, should require leave of court. While this suggestion would undoubtedly limit the possibility of abusive discovery, it would add enormously to the burden on court and counsel. Multiple petitions, answers, briefs and hearings would be required in practically every case. This is unjustifiable. The courts, through protective orders and sanctions, should be able to control abuse of the discovery process. The limited use of leave of court in specific actions strikes a more equitable balance.

Sub-divisions (c) and (d), which state the permissible purposes of depositions and discovery, and list the procedural devices available, effect no change. They consolidate stylistically the existing practice.

Rule of Civil Procedure 4001(a) was amended in 1997 to eliminate reference to discovery in the domestic relations actions of support, custody of minor children and divorce or annulment of marriage. Discovery in those actions is governed by Rule 1930.5.

The provisions of this Rule 4001 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended June 27, 1980, effective July 1, 1980, 10 Pa.B. 2957; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 2732; amended March 19, 1999, effective July 1, 1999, 29 Pa.B. 1715; amended December 1, 1999, effective January 1, 2000, 29 Pa.B. 6327; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended September 20, 2007, effective November 1, 2007, 37 Pa.B. 5374. Immediately preceding text appears at serial pages (302589) to (302590) and (262135) to (262136).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4002 Agreement Regarding Discovery or Deposition Procedure.

The parties may by agreement (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner, and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for methods of discovery.

Official Note

See Rule 201 for advisability of writing.

The amendments of this Rule make two changes in present practice.

First, they enlarge the rights of the parties by permitting them to agree to modify the procedures for discovery as well as for the taking of depositions. This will be broader than Fed. R. Civ.P. 29 as amended in 1970. The Federal Rule requires court approval of any agreement to extend the time for responses in three instances during the discovery stage. The amendments to Rule 4002 do not incorporate this limitation. The need for leave of court to extend time may act as a spur to prompt responses but it must be balanced against the need for conservation of judicial manpower of already overburdened courts. Busy judges normally approve stipulations of counsel with respect to extra-judicial matters at the early stages of litigation. Little will be gained as a practical matter by requiring leave, and the need for hearing could actually accentuate delay. If one party agrees to give his opponent extra time to answer, why should the judge intervene and refuse?

Second, the phrase ‘‘stipulate in writing’’ in the prior Rule is changed to read ‘‘by agreement.’’ This will validate the common practice during the taking of oral depositions of dictating various stipulations to the reporter for inclusion in the transcript. Technically such a stipulation is not an‘‘agreement in writing’’ within the meaning of the Business of the Court Rule 201 and is not an agreement ‘‘at bar’’ since no judge is present and the deposition is not taken in a courtroom.

Counsel will be well advised to confirm such agreements in writing to avoid misunderstandings.

The provisions of this Rule 4002 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551. Immediately preceding text appears at serial page (16015).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4002.1 Filing Discovery Material.

Discovery material shall not be filed unless relevant to a motion or other pretrial proceeding, ordered by the court or required by statute.

The provisions of this Rule 4002.1 adopted November 7, 1988, effective January 1, 1989, 18 Pa.B. 5338.

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4003 Right to Take Depositions. Notice. [Rescinded].

[Rescinded].

Official Note

The subject matter of former Rule 4003 has been transferred to Rules 4001(c), 4007.1 and 4007.2.

The provisions of this Rule 4003 rescinded November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551. Immediately preceding text appears at serial page (16015).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4003.1 Scope of Discovery Generally. Opinions and Contentions.

(a) Subject to the provisions of Rules 4003.2 to 4003.5 inclusive and Rule 4011, a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, content, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.

(b) It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

(c) Except as otherwise provided by these rules, it is not ground for objection that the information sought involves an opinion or contention that relates to a fact or the application of law to fact.

Official Note

Interrogatories that generally require the responding party to state the basis of particular claims, defenses or contentions made in pleadings or other documents should be used sparingly and, if used, should be designed to target claims, defenses or contentions that the propounding attorney reasonably suspects may be the proper subjects of early dismissal or resolution or, alternatively, to identify and to narrow the scope of claims, defenses and contentions made where the scope is unclear.

Prior Rule 4003 has been deleted. It had embodied a number of disparate subjects, including the deposition of aged, infirm and going witnesses, the deposition of witnesses more than 100 miles from the courthouse, depositions for use at a hearing on a petition, motion or rule, and notice of depositions on oral examination. These subjects have been functionally rearranged and transposed to other Rules.

Depositions of aged, going and infirm witnesses and witnesses more than 100 miles from the courthouse are now regulated by Rule 4007.2(b). The use of depositions at a hearing on petition, motion or rule is authorized by Rule 4001(c). Notice of depositions on oral examination is now regulated by Rule 4007.1.

Under the prior practice, an argument might have been made that there was no sanction available against a party who refused to appear for a deposition for use in connection with a petition, motion or rule. The amendments preclude any such argument, since there is now a unified notice system for all oral depositions for all purposes. See Rules 4001(c), 4007.1 and 4019(a)(1).

To use the place vacated by Rule 4003, new Rules 4003.1 through 4003.5 have been added. They deal with the scope of discovery. Rule 4003.1 delineates generally the scope of discovery. It is taken almost verbatim from Fed.R.Civ.P. 26(b).

Rules 4003.2 through 4003.5 deal with specific aspects of the scope of discovery, such as discovery of insurance, discovery of trial preparation material generally, discovery of statements of parties or witnesses, and discovery of facts known and opinions held by experts. They are based closely on Fed. R.Civ.P. 26(b)(2), (3) and (4). Separate comment on each new Rule follows.

Rule 4003.1 incorporates the broad Federal discovery rule and replaces former Rule 4007(a), which had provided a more limited scope of discovery. Rule 4007(a) limited discovery to any matter not privileged which is relevant to the subject matter involved in the action and ‘‘will substantially aid in the preparation of the pleadings or the preparation or trial of the case.’’ Fed. R.Civ.P. 26(b)(1), from which Rule 4003.1 is taken almost verbatim, permits discovery of all relevant matter not privileged, whether it relates to a claim or defense. It is not restricted to preparation of pleadings or the trial of the case. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to discovery of admissible evidence.

Further widening of the scope of discovery follows from the deletion of former Rules 4011(d) and 4011(f), which restricted discovery of material prepared for trial or in anticipation of litigation and discovery of expert opinions. The effect of these omissions is discussed in the comments to Rules 4003.3, 4003.4 and 4003.5.

The provisions of this Rule 4003.1 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 14, 1989, effective January 1, 1990, 20 Pa.B. 11; amended April 8, 2008, effective July 1, 2008, 38 Pa.B. 1814. Immediately preceding text appears at serial pages (209473) to (209474).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4003.2 Scope of Discovery. Insurance.

A party may obtain discovery of the existence and terms of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of such disclosure admissible in evidence at trial. For the purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement.

Proposed Rule 4003.2 is taken almost verbatim from Fed. R.Civ.P. 26(b)(2). It codifies the decision of the Pennsylvania Supreme Court in Szarmack v. Welch, 456 Pa. 293, 318 A.2d 707 (1974), permitting discovery of insurance. It makes no change in present practice.

The provisions of this Rule 4003.2 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551.

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4003.3 Scope of Discovery. Trial Preparation Material Generally.

Subject to the provisions of Rules 4003.4 and 4003.5, a party may obtain discovery of any matter discoverable under Rule 4003.1 even though prepared in anticipation of litigation or trial by or for another party or by or for that other party’s representative, including his or her attorney, consultant, surety, indemnitor, insurer or agent. The discovery shall not include disclosure of the mental impressions of a party’s attorney or his or her conclusions, opinions, memoranda, notes or summaries, legal research or legal theories. With respect to the representative of a party other than the party’s attorney, discovery shall not include disclosure of his or her mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics.

The amended Rule radically changes the prior practice as to discovery of documents, reports and tangible things prepared in anticipation of litigation or for trial by or for another party or by or for that party’s representative, including his attorney, consultant, surety, indemnitor, insurer or agent.

Former Rule 4011(d) expressly prohibited such discovery. The amended Rule permits it, subject to the limitation that discovery of the work product of an attorney may not include disclosure of the mental impressions, conclusions, opinions, memoranda, notes, legal research or legal theories of an attorney. As to any other representative of a party, it protects the representative’s disclosure of his mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. Memoranda or notes made by the representative are not protected.

The essential purpose of the Rule is to keep the files of counsel free from examination by the opponent, insofar as they do not include written statements of witnesses, documents or property which belong to the client or third parties, or other matter which is not encompassed in the broad category of the ‘‘work product’’ of the lawyer. Documents, otherwise subject to discovery, cannot be immunized by depositing them in the lawyer’s file. The Rule is carefully drawn and means exactly what it says. It immunizes the lawyer’s mental impressions, conclusions, opinions, memoranda, notes, summaries, legal research and legal theories, nothing more.

There are, however, situations under the Rule where the legal opinion of an attorney becomes a relevant issue in an action; for example, an action for malicious prosecution or abuse of process where the defense is based on a good faith reliance on a legal opinion of counsel. The opinion becomes a relevant piece of evidence for the defendant, upon which defendant will rely. The opinion, even though it may have been sought in anticipation of possible future litigation, is not protected against discovery. A defendant may not base his defense upon an opinion of counsel and at the same time claim that it is immune from pre-trial disclosure to the plaintiff.

As to representatives of a party, and sometimes an attorney, there may be situations where his conclusions or opinion as to the value or merit of a claim, not discoverable in the original litigation, should be discoverable in subsequent litigation. For example, suit is brought against an insurance carrier for unreasonable refusal to settle, resulting in a judgment against the insured in an amount in excess of the insurance coverage. Here discovery and inspection should be permitted in camera where required to weed out protected material.

In two respects the amended Rule differs materially from Fed. R.Civ.P. 26(b)(3). First, the Federal Rule permits discovery only when the party seeking discovery shows substantial need of the materials in the preparation of his case and is unable, without undue hardship, to obtain a substantial equivalent of the materials by other means. Under the general provisions of Rule 4003.3, such a showing of substantial need and undue hardship will not be required. Note, however, that under Rule 4003.5(a)(3), governing discovery of opinions of an expert who is not expected to be called as a witness at trial, a showing of exceptional circumstances under which it is impracticable to obtain facts or opinions on the subject matter by other means is required.

The federal draftsmen have justified the special showing of need on the ground that ‘‘each side’s informal evaluation of its case should be protected, that each side should be encouraged to prepare independently, and that one side should not automatically have the benefit of the detailed preparatory work of the other side.’’ The Committee, after long and careful deliberation, rejected this view which would impose more court time on lawyers and additional burdens on judges in the motion court. At the same time it also rejected a proposal to go to the opposite extreme and direct the mandatory exchange of all pretrial material, statements, medical reports and experts’ reports under penalty of sanctions.

Second, the work product protection of the Rule distinguishes between that afforded the attorney and that afforded the party’s representative. They are on an equal footing under the Federal Rules. The Committee viewed the work product privilege enunciated by the United States Supreme Court in Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L.Ed. 451 (1947), as stating a special rule applicable to lawyers which need not necessarily be the same as that applied to other representatives, particularly insurance investigators. Under the Rule, a lawyer’s notes or memoranda of an oral interview of a witness, who signs no written statement, are protected but the same notes or memoranda made by an insurance investigator will not be protected. A signed statement of the witness is, of course, always discoverable, no matter who took it or where it is filed.

The provisions of this Rule 4003.3 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (209475) to (209476).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4003.4 Scope of Discovery. Trial Preparation Material. Statements.

Upon written request, a party is entitled to immediate receipt of a photostatic copy or like reproduction of a statement concerning the action or its subject matter previously made by that party, any other party or a witness. Upon written request, a person not a party is entitled to immediate receipt of a photostatic copy or like reproduction of a statement concerning the action or its subject matter previously made by that person. If the statement is not so provided, the party or person may move for a court order. For purposes of this rule, a statement previously made is

(1) a written statement signed or otherwise adopted or approved by the person making it, or

(2) a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.

Rule 4003.4 resolves a problem not covered in the prior practice, and which has troubled the courts. It provides that any party may, upon request, obtain from his opponent a copy of the party’s own statement or the statement of any witness in the possession of the opponent. Further, any witness may obtain a copy of his own statement upon request. If refused, the party or witness may move for a court order for compliance.

The Rule differs markedly in scope from Fed. R.Civ.P. 26(b)(3). The Federal Rule permits a party to obtain only his own statement; the production of statements of witnesses obtained by an adverse party in anticipation of litigation or preparation for trial requires a showing of substantial need in the preparation of the inquiring party’s case and that he is unable without undue hardship to obtain a substantial equivalent of the materials by other means.

There are no restrictions on the timing of the request. Under prior practice, some lower courts ruled that the statement of a party given to his opponent could be withheld until after the party had testified. Others held that the party could demand a copy of his statement before he testified. Some held that no witness could have a copy of his own statement because this would prevent a test of his veracity.

The amended Rule does not deal with the substantive problem of admissibility in evidence or use of the statements. Their admissibility is governed by the rules of evidence.

Two statutes are relevant. Section 7101 of the Judicial Code, 42 Pa.C.S. § 7101, prohibits the use of statements obtained from an injured person within fifteen days of admission to a hospital or sanitarium, unless he acknowledges before an independent notary public his willingness to give the statement.

Likewise, the Peer Review Protection Act of 1974, 63 P. S. § 425.1 et seq., imposes restrictions on discovery and use of the proceedings and records of health care peer review organizations for the purpose of evaluating the quality of health care.

The Rule covers all forms of statements, including signed statements, recordings and transcriptions.

The provisions of this Rule 4003.4 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551, amended December 14, 1979, effective January 5, 1980, 10 Pa.B. 34; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial pages (134399) to (134400).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4003.5 Discovery of Expert Testimony. Trial Preparation Material.

(a) Discovery of facts known and opinions held by an expert, otherwise discoverable under the provisions of Rule 4003.1 and acquired or developed in anticipation of litigation or for trial, may be obtained as follows:

(1) A party may through interrogatories require

(A) any other party to identify each person whom the other party expects to call as an expert witness at trial and to state the subject matter on which the expert is expected to testify and

(B) subject to the provisions of subdivision (a)(4), the other party to have each expert so identified state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. The party answering the interrogatories may file as his or her answer a report of the expert or have the interrogatories answered by the expert. The answer or separate report shall be signed by the expert.

(2) Upon cause shown, the court may order further discovery by other means, subject to

(A) such restrictions as to scope and such provisions concerning fees and expenses as the court may deem appropriate, and

(B) the provisions of subdivision (a)(4) of this rule.

(3) A party may not discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, except a medical expert as provided in Rule 4010(b) or except on order of court as to any other expert upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means, subject to such restrictions as to scope and such provisions concerning fees and expenses as the court may deem appropriate.

Official Note

For additional provisions governing the production of expert reports in medical professional liability actions, see Rule 1042.26 et seq. Nothing in Rule 1042.26 et seq. precludes the entry of a court order under this rule.

(4) A party may not discover the communications between another party’s attorney and any expert who is to be identified pursuant to subdivision (a)(1)(A) or from whom discovery is permitted under subdivision (a)(3) regardless of the form of the communications, except in circumstances that would warrant the disclosure of privileged communications under Pennsylvania law. This provision protects from discovery draft expert reports and any communications between another party’s attorney and experts relating to such drafts.

(b) An expert witness whose identity is not disclosed in compliance with subdivision (a)(1) of this rule shall not be permitted to testify on behalf of the defaulting party at the trial of the action. However, if the failure to disclose the identity of the witness is the result of extenuating circumstances beyond the control of the defaulting party, the court may grant a continuance or other appropriate relief.

(c) To the extent that the facts known or opinions held by an expert have been developed in discovery proceedings under subdivision (a)(1) or (2) of this rule, the direct testimony of the expert at the trial may not be inconsistent with or go beyond the fair scope of his or her testimony in the discovery proceedings as set forth in the deposition, answer to an interrogatory, separate report or supplement thereto. However, the expert shall not be prevented from testifying as to facts or opinions on matters on which the expert has not been interrogated in the discovery proceedings.

Rule 4011(f), which had protected a deponent, whether or not a party, from giving an opinion as an expert witness over his objection, has been rescinded. Discovery of these matters is now permitted by Rule 4003.5, which closely parallels Fed. R.Civ.P. 26(b)(4).

The Rule distinguishes carefully between an expert expected to be called as a witness and an expert not expected to be called.

With respect to the expert expected to be called, discovery of facts known and opinions held by him, acquired or developed in anticipation of litigation or for trial, may be obtained as follows:

(1) First, the inquirer can by interrogatories require his opponent to disclose the identity of expert witnesses he expects to call at trial. The opponent must not only identify such experts but also state the subject matter on which each is expected to testify.

If a party, in his answer to interrogatories, states that he has not yet retained his experts, he is under a duty to supplement his answer as provided by Rule 4007.4(1). In addition, the inquirer may obtain a stipulation that the party will supplement his response or ask the court for an order under Rule 4007.4(3) requiring the party to file a supplemental response when such experts are retained.

(2) In addition, the inquirer can require each expert to be called at the trial whose identity is disclosed to state the substance of the facts and opinion to which he will testify, and a summary of the grounds for his opinion. The answering party has the option of having the expert answer the interrogatories himself on this issue or prepare a separate report which the answering party may attach to his answers. The answer or separate report must be signed by the expert.

(3) If the answering party or the expert does not fully comply with the foregoing, the court under subdivision (b) or (c) may exclude or limit the testimony of such expert if offered at the trial. Sanction Rule 4019(i) also provides an independent sanction, excluding the testimony of a witness whose identity has not been revealed, unless the trial court determines there are extenuating circumstances beyond the control of the defaulting party.

(4) Supplemental oral questioning of the expert may be permitted only upon cause shown, and upon payment of such fees and expenses as the court may fix. The Rule specifically provides no fees and expenses to the expert for the time spent in preparing answers to interrogatories or his report. He will be entitled to fees and expenses only if the inquirer seeks further oral discovery after the answer or report has been filed.

(5) It should be emphasized that Rule 4003.5 is not applicable to discovery and deposition procedure where a defendant is himself an expert, such as a physician, architect or other professional person, and the alleged improper exercise of his professional skills is involved in the action. Such a defendant can be examined by written interrogatories under Rule 4005 or by oral deposition under Rule 4007.1. If so examined, a defendant cannot assert that his opinion may not be discovered without his consent.

(6) To prevent incomplete or ‘‘fudging’’ of reports which would fail to reveal fully the facts and opinions of the expert or his grounds therefor, subdivision (c) provides that an expert’s direct testimony at the trial may not be inconsistent with or go beyond the fair scope of his testimony as set forth in his deposition and answer to interrogatories, separate report or supplements thereto. However, he may testify to anything regarding matters in which he was never questioned in the discovery proceedings. This is a new provision not expressly found in the Federal Rule. It is implicit in the Federal Rule.

Where the full scope of the expert’s testimony is presented in the answer to interrogatories or the separate report, as provided in subdivisions (a)(1) and (2), this will fix the permissible limits of his testimony at the trial. But, if the inquirer limits his inquiry to one or more specific issues only, the expert is free to testify at trial as to any other relevant issues not included in the discovery. Therefore, what happens at the trial may depend upon the manner in which the expert is interrogated. The inquirer may be well advised to conduct his discovery broadly, by paraphrasing the language of 4003.5(a), which will require the expert to state all his opinions and grounds, thus preventing surprise testimony at trial concerning grounds never raised during the discovery.

All of the foregoing discussion relates to the expert expected to be called at the trial.

If the expert is not expected to be called at the trial, the situation is quite different. The special procedures listed above will not be applicable. Under subdivision (a)(3) of the Rule, no discovery of such a witness is permitted, except discovery of a medical expert under Rule 4010(b) infra, unless there is an order of court. To obtain this order of court, the inquirer must prove ‘‘exceptional circumstances’’ under which there is no practical way to find the facts or opinions by some other means.

Therefore, even if the inquirer knows the name of this expert, or knows that there is a report, he is forbidden to seek discovery of facts known or opinions held, unless he convinces the court that he must have the discovery. This is a heavy burden, which explains the small use of this provision under the Federal Rule. We can anticipate an equally small use in Pennsylvania.

One instance would be where an object is given by a plaintiff to an expert for the defendant for testing and is destroyed in the testing. Then, if the defendant elects not to call that expert at the trial, the plaintiff must get his testimony since the object is destroyed.

The Rule provides no special procedures in this instance. It is anticipated that ordinary discovery will suffice. If the inquirer does not know the name of the expert, he can ask for it by conventional interrogatory or oral deposition. If he knows there is a report, he can ask for it under Rule 4009.

Another difference is that the court may require the inquirer to pay the expert for his fees and expenses in the discovery. In the case of the expert who is expected to be called at the trial, there is no such provision in subsections (a)(1) and (2).

The Rule says nothing about the rare situation when the inquirer is an indigent party and cannot pay the expenses of the expert. Any such situation will have to be handled by the courts ad hoc, under the general principles of litigation in forma pauperis.

This subdivision is not intended, as pointed out by the federal draftsmen, to permit discovery of experts who may have been informally consulted by a party. Finally, it applies only to experts ‘‘retained or specially employed.’’ A regular employe of a party who may have collected facts, prepared reports and rendered opinions, and who may be qualified as an expert, is not covered by this sub-section and has no immunity from discovery, simply because the party elects not to call him at the trial. He is not an ‘‘expert’’ within the meaning of the Rule; he is simply a witness, an employe of a party.

The provisions of this Rule 4003.5 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended March 29, 2004, effective immediately, 34 Pa.B. 1926; amended July 10, 2014, effective August 9, 2014, 44 Pa.B. 4996. Immediately preceding text appears at serial pages (303597) to (303600).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4003.6 Discovery of Treating Physician.

(a) General Rule. Information may be obtained from the treating physician of a party only upon written consent of that party or through a method of discovery authorized by this chapter.

(b) Exception. This rule shall not prevent an attorney from obtaining information from:

(1) the attorney’s client;

(2) an employee of the attorney’s client; or

(3) an ostensible employee of the attorney’s client.

Practitioners should be aware of the overlap between the requirements of this rule and the Rules of Professional Conduct regarding the procedural and ethical ramifications when a firm represents a treating physician or has preexisting attorney-client relationships with multiple physicians, at least one of whom it represents in connection with a medical professional liability action. See Mertis v. Oh, 317 A.3d 529 (Pa. 2024) (holding that (1) information may be considered to have been obtained, for purposes of the rule, by imputation from one attorney at a law firm to another attorney at the same firm, and (2) an attorney cannot avail himself or herself of the ‘‘attorney’s client exception’’ pursuant to subdivision (b) by initiating an attorney-client relationship with a treating physician if the attorney would be otherwise subject to the restrictions of the rule as to that treating physician).

The provisions of this Rule 4003.6 adopted April 29, 1991, effective July 1, 1991, 21 Pa.B. 2337; amended August 27, 2025, effective immediately, 55 Pa.B. 6532. Immediately preceding text appears at serial page (373040).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4003.7 Punitive damages.

A party may obtain information concerning the wealth of a defendant in a claim for punitive damages only upon order of court setting forth appropriate restrictions as to the time of the discovery, the scope of the discovery, and the dissemination of the material discovered.

Official Note

Discovery may also proceed pursuant to the agreement of the parties. See Rule 4002.

The provisions of this Rule 4003.7 adopted August 11, 1997, effective December 1, 1997, 27 Pa.B. 4462.

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4004 Procedure on Depositions by Written Interrogatories.

(a)(1) A party taking a deposition by written interrogatories shall serve a copy of the interrogatories upon each party or the attorney of record of each party. Within thirty days thereafter the party so served may serve cross interrogatories upon each party or the attorney of record of each party. Subsequent interrogatories shall be similarly served within ten days.

(2) The interrogatories shall contain a notice stating the name or descriptive title and address of the officer before whom the deposition is to be taken, the time and place of taking the deposition and the name and address of each person to be examined if known, and, if the name is not known, a general description sufficient to identify each person to be examined or the particular class or group to which each person belongs. A deposition upon written interrogatories may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 4007.1(e).

(b) Objections to the form of interrogatories are waived unless filed and served upon the party propounding them within the time allowed for serving the succeeding cross or other interrogatories or within ten days after service of the last interrogatories. All other objections may be made at the trial except as otherwise provided by Rule 4016.

(c) A copy of all interrogatories for the taking of a deposition shall be transmitted to the person designated to take the deposition, who shall promptly give notice to the witness and thereafter propound the interrogatories to the witness and complete, certify and send the deposition by registered mail to the party taking the deposition, attaching thereto the copy of the interrogatories.

(d) When the deposition is received by the party taking the deposition, the party shall promptly give notice thereof to all other parties.

(e) After the service of interrogatories and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent, may make an order in accordance with Rule 4012, or an order that the deposition shall not be taken before the officer designated in the notice, or that it not be taken except upon oral examination.

The amendments make two major changes in the prior practice. First, in subdivision (a) the time period for filing cross-interrogatories is extended from ten days to thirty days and the time period for filing redirect interrogatories is extended from five days to ten days. These time periods follow the Federal Rules. In subdivision (b) the time period for filing objections to the form of interrogatories is extended from five days to ten days.

Second, subdivision (a) is further amended by adding a new subparagraph (2) providing for a notice identifying the officer, the time and place, and the name and address of each witness. If a name is unknown, it is sufficient to identify the witness or the particular class or group to which he belongs. This was previously permitted only as to notice of oral depositions under Rule 4007(c) and written interrogatories to a party under Rule 4005(a). It was not permitted as to written interrogatories to a witness under Rule 4004.

This new subparagraph (2) also incorporates by reference the provisions of new Rule 4007.1(e). This follows Fed. R.Civ.P. 30(b)(6) and 31(a) and permits a party to name a corporation, partnership, association, or governmental agency as the deponent and to designate the matter on which the opponent requests examination. The organization is then required to name one or more of its officers, directors, or managing agents, or other person who consents to appear as the person to be examined. If a person who has knowledge of the facts is not an officer, director or managing agent but is an employe and he refuses his consent, discovery may be used to ascertain his identity and he may thereafter be subpoenaed to appear.

As stated by the draftsmen of the amendments to the Federal Rules, these provisions reduce the difficulties previously encountered in determining, prior to the submission of written interrogatories or the taking of a deposition, the identity of the proper person to testify. The provision will avoid the necessity of deposing large numbers of officers, directors, agents or others, only to find in turn that they have no knowledge, or incomplete knowledge, of the information sought.

Present subdivisions (c), (d) and (e) of this Rule remain unchanged.

The provisions of this Rule 4004 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5338; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (234015) and (209481) to (209482).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4005 Written Interrogatories to a Party.

(a) Subject to the limitations provided by Rule 4011, any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or similar entity or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter. Interrogatories which are to be served prior to service of the complaint shall be limited to the purpose of preparing a complaint and shall contain a brief statement of the nature of the cause of action. Interrogatories shall be prepared in such fashion that sufficient space is provided immediately after each interrogatory or subsection thereof for insertion of the answer or objection.

Official Note

Rule 440 requires the party serving interrogatories upon any other party to serve a copy upon every party to the action.

See Rule 4003.8 governing pre-complaint discovery.

(b) Rescinded.

Official Note

The subject matter governed by former Rule 4005(b) has been transferred to Rule 4006(a).

(c) Interrogatories may relate to any matters which can be inquired into under Rules 4003.1 through 4003.5 inclusive and the answers may be used to the same extent as provided in Rule 4020 for the use of the deposition of a party. Interrogatories may be served after a deposition has been taken, and a deposition may be taken after interrogatories have been answered, but the court, on motion of the party interrogated, may make such protective order as justice requires. The number of interrogatories or of sets of interrogatories to be served may be limited as justice requires to protect the party from unreasonable annoyance, embarrassment, oppression, burden or expense.

The amendments to Rule 4005 make a number of stylistic changes, and three important changes of substance.

First, the word ‘‘adverse’’ has been deleted to permit interrogatories to be addressed to any other party to the action, whether or not adverse to the inquiring party. This is the same change which was made in Fed. R. Civ.P. 33 in 1970. The amendment clarifies the right to file interrogatories to additional defendants or co-defendants. Some lower court decisions held that additional defendants were not adverse parties and that interrogatories must be addressed to them as witnesses. Similarly, an additional defendant could not be compelled to respond to requests for admission under Rule 4014 since that likewise was restricted to adverse parties.

In a marked departure from the prior practice, amended Rules 4005 and 4006 require that the interrogatories and the answers thereto be contained in one document, with the answer immediately following the interrogatory to which it is responsive. Rule 4005 requires the inquiring party to leave sufficient space after each interrogatory for insertion of the answer. The original and two copies are served upon the answering party. The original is not filed until the answers have been inserted and the document signed and verified as provided by Rule 4006. It is recognized that in some cases it will be difficult to estimate the amount of space required for an answer. Rule 4006 provides that the answering party may continue his answer to an individual interrogatory on a supplemental sheet, identifying the number of the interrogatory to which it is responsive. Of course, the answering party may desire, as a matter of style, to retype the page rather than attach a supplemental sheet.

The time restriction in the former Rule, requiring leave of court if the interrogatories are to be served within 20 days of the commencement of the action, has been eliminated. Interrogatories may be filed with the complaint or writ or at any time thereafter.

Finally, the last sentence of subdivision (c), which does not appear in Fed. R. Civ.P. 33(b), permits the court to order a limitation upon the number of interrogatories or sets of interrogatories as justice requires to protect a party from unreasonable annoyance, expense, embarrassment or oppression. It is adapted from prior Rule 4005(c). Suggestions that the Rule specifically fix the number of interrogatories which can be submitted without leave of court was considered and rejected in favor of a more flexible limitation.

Civil Discovery Standard No. 8 of the American Bar Association (2004) establishes a guideline for the use of contention interrogatories. This standard has been added as a note to Rule 4003.1(c) governing discovery of opinions and contentions and as the second paragraph to the present note to Rule 4005(a) governing written interrogatories to a party.

The rationale for the proposal is succinctly set forth in the Comment to Civil Discovery Standard No. 8:

- - Contention interrogatories, like all forms of discovery, can be susceptible to abuse. Among other things, they can be used as an attempt to tie up the opposing party rather than to obtain discovery. The legitimate purpose of contention interrogatories is to narrow the issues for trial, not to force the opposing side to marshal all its evidence on paper. * * *

The potential for overreaching is particularly present when interrogatories seeking the detailed underpinnings of the opposing party’s allegations are served early in the case. Although, when used with discretion, interrogatories served near the outset of the case can be useful in narrowing the issues to define the scope of necessary discovery, contention interrogatories ordinarily are more appropriate after the bulk of discovery has already taken place. At that point, the party on whom the interrogatories are served should have the information necessary to give specific, useful responses. [Citations omitted.]

The provisions of this Rule 4005 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended June 16, 1994, effective September 1, 1994, 24 Pa.B. 3217; amended September 20, 2007, effective November 1, 2007, 37 Pa.B. 5374; amended April 8, 2008, effective July 1, 2008, 38 Pa.B. 1814. Immediately preceding text appears at serial pages (330306) to (330307).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4006 Answers to Written Interrogatories by a Party.

(a)(1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet.

(2) Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer. The answers shall be signed by the person making them, and the objections shall be signed by the attorney making them. The statement of an objection shall not excuse the answering party from answering all remaining interrogatories to which no objection is stated. The answering party shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories. The party submitting the interrogatories may move the court to dismiss an objection and direct that the interrogatory be answered.

Official Note

Rule 440 requires the answering party to serve a copy of the answers upon every party to the action.

(3) [Rescinded].

Official Note

See Rule 4003.1 for the general scope of discovery.

(b) Where the answer to an interrogatory may be derived or ascertained from the records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of that party’s records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer would be substantially the same for the party serving the interrogatory as for the party served, a sufficient answer to such an interrogatory shall be to specify the records from which the answer may be derived or ascertained and to afford the party serving the interrogatory reasonable opportunity to examine, audit or inspect those records and to obtain copies, compilations, abstracts or summaries.

The prior Rule has been completely rewritten to incorporate substantial parts of Fed. R. Civ.P. 33 and to conform to Rule 4005.

(1) The restriction in the prior Rule to ‘‘adverse’’ parties is deleted.

(2) The answering party will respond to each interrogatory in the space provided. If the space is inadequate, he may retype the interrogatories or he may use a supplemental sheet for the remainder of his response.

(3) The amendment requires the answering person to sign the answer and the attorney to sign any objections. This follows Fed. R. Civ.P. 33. Present practice provides only for signing the answer.

(4) An interrogatory which is otherwise proper is not objectionable because the answer will require an opinion or the application of law to fact. This conforms to Fed. R. Civ.P. 33(b) and the rescission of former Rule 4011(f).

(5) Subdivision (b) copies Fed. R. Civ.P. 33(c) by providing that, where the requested information may be derived or ascertained from a party’s records, he has an option to produce the records for inspection by the inquiring party rather than detailing the information in his answer.

The amendment, however, goes beyond Fed. R. Civ.P. 33(c) by making the option applicable to all records. The Federal Rule restricts the option to ‘‘business’’ records. This expansion of the option to all records is not intended to give an answering party carte blanche to foist upon the inquiring party a jumble of personal records. The option can be used only where the burden would be substantially the same for both parties and never where it will be an undue burden on the inquiring party. The amendment also goes beyond the Federal Rule in requiring the inquiring party who has made compilations, abstracts or summaries from the records to furnish a copy to the party who has produced the records. This will help facilitate agreements as to their accuracy for use at trial and prevent surprise.

(6) The time periods for answer are extended to 30 days after service of the interrogatories to conform to the time period of the Federal Rule.

(7) Under the amendment, as under the Federal Rule, the statement of an objection will not excuse the answering party from answering all remaining interrogatories to which no objection is stated.

The provisions of this Rule 4006 amended October 16, 1981, effective October 16, 1981, 11 Pa.B. 3687; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5338; amended December 14, 1989, effective January 1, 1990, 20 Pa.B. 11; amended April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921. Immediately preceding text appears at serial pages (209483) to (209485).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4007 Discovery. Depositions. Scope of Examination. Notice. [Rescinded].

[Rescinded].

Official Note

The subject matter of former Rule 4007 has been transferred to Rules 4001(c), 4003.1, 4007.1 and 4007.2.

The provisions of this Rule 4007 rescinded November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551. Immediately preceding text appears at serial page (16017) and (16018).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4007.1 Procedure in Deposition by Oral Examination.

(a) General Rule. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action, except that no notice need be given a defendant who was served by publication and has not appeared in the action. A party noticed to be deposed shall be required to appear without subpoena.

(b) General Notice Requirements. The notice shall:

(1) conform with the requirements of subdivision (c) of this rule and Rule 4007.2(b) and (c), if appropriate;

(2) state the time and place of taking the deposition; and

(3) state the name and address of each person to be examined if known, or, if the name is not known, a general description sufficient to identify the deponent or the particular class or group to which the deponent belongs.

(c) Notice Requirements for Deposition in Pre-Complaint Discovery. The purpose of the deposition and matters to be inquired into need not be stated in the notice unless the action has been commenced by writ of summons and the plaintiff desires to take the deposition of any person upon oral examination for the purpose of preparing a complaint. In such case, the notice shall include a brief statement of the nature of the cause of action and of the matters to be inquired into.

(d) Additional Notice Requirements on Party or Witness.

(1) If the person to be examined is a party, the notice may include a request made in compliance with Rule 4009.1 et seq., for the production of documents and tangible things at the taking of the deposition.

(2) If the person to be examined is not a party, and is to be served with a subpoena duces tecum to produce designated materials, the notice shall specify the materials to be produced. The materials shall be produced at the deposition and not earlier, except upon the consent of all parties to the action.

(e) Notice to Public or Private Corporations, Partnerships, Associations, or Governmental Agencies.

(1) In the notice or an issued subpoena, a party may:

(i) name as the deponent a public or private corporation, a partnership, an association, or a governmental agency; and

(ii) describe with reasonable particularity the matters to be inquired into and the materials to be produced.

(2) Any organization named pursuant to subdivision (e)(1)(i):

(i) shall serve a designation of one or more officers, directors, managing agents, or other persons who consent to testify on its behalf; and

(ii) may set forth for each designated person the matters on which each person will testify.

(3) A subpoena shall advise a non-party organization of its duty to make such a designation. The designated person or persons shall testify as to matters known or reasonably available to the organization.

(4) Subdivision (e) does not preclude taking a deposition by any other procedure authorized in these rules.

Regarding subdivision (b), the court upon cause shown may make a protective order with respect to the time and place of taking the deposition. See Pa.R.Civ.P. 4012.

Regarding subdivision (c), see Pa.R.Civ.P. 4003.8 governing pre-complaint discovery.

See the Uniform Interstate Depositions and Discovery Act, 42 Pa.C.S. § § 5331 et seq., for the issuance of a foreign subpoena from outside the Commonwealth.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Former Rule 4007 has been rescinded. The subject matter of former subdivision (a), dealing with the scope of discovery, has been enlarged and transposed to Rule 4003.1, supra. The provisions of former subdivision (b), dealing with the requirement of leave of court, have been transposed to Rule 4007.2. The provisions of former subdivision (c), dealing with notice, are enlarged in Rule 4007.1. The provisions of former subdivision (d)(1), authorizing local option rules for the content of the notice, are deleted and all local rules under former subdivision (d) will be invalid. The provisions of former subdivision (d)(2) for the filing of objections are deleted. A protective order under Rule 4012 is available.

In place of former Rule 4007 are new Rule 4007.1, which prescribes the procedure in deposition by oral examination, Rule 4007.2, which prescribes when leave of court is required, and Rules 4007.3 and 4007.4, which govern the sequence and timing of discovery and supplementary responses, subjects not previously governed by the Rules. These new Rules will be commented on separately.

Subdivisions (a) and (b) repeat the substance of former Rule 4007(c). A provision has been added to make it clear that a party noticed to be deposed need not be subpoenaed. The notice is sufficient to support subsequent sanction procedures under Rule 4019 for failure to appear.

Subdivision (c) is new. It provides that the purpose of the deposition and the matters to be inquired into need not be stated in the notice, except in the relatively infrequent case where the action has been commenced by a writ of summons and the plaintiff desires to take a deposition upon oral examination for the purpose of preparing a complaint. In this situation the inquirer must provide a brief statement of the nature of the cause of action and of the matters to be inquired into. The reason for the Rule is obvious. The party who has not yet been served with a complaint may in some instances not be aware of the nature of the action and thus be totally unprepared to submit to oral examination.

Subdivision (d) clarifies the practice for the production of documents in connection with an oral deposition. Under it, a simple request to a party to produce documents is sufficient. No subpoena is needed. But if the person examined is a witness and not a party, a subpoena duces tecum to produce specified materials and documents must be served.

Subdivision (e) is adapted, almost verbatim, from Fed.R.Civ.P. 30(b)(6). It provides, as an optional alternative to other forms of discovery, that the notice may name as a deponent a public or private corporation or a partnership or association or governmental agency. In this situation, however, the notice must describe with reasonable particularity the matters to be inquired into and the materials to be produced. The organization, if it is a party, is then required to serve on the inquirer a designation of the officers, directors, managing agents or other persons who will testify on its behalf. The purpose of the Rule is to avoid the wholesale subpoenaing of named directors, officers, and others where the inquirer does not know the identity of the exact person or persons who will be able to testify as to the requested information.

If it develops that the designated persons reveal others whose testimony may be relevant, they can also be deposed. The procedure is not exclusive and the inquirer may resort to any other method of discovery and subpoena available.

The reference to the ‘‘consent to testify’’ is limited to persons other than officers, directors or managing agents. The latter may not frustrate the discovery by declining to testify; their position requires them to testify. A subordinate employe is not in the same position and the organization cannot designate such a subordinate employe unless it certifies that he will testify.

Section 5326 of the Judicial Code, 42 Pa.C.S. § 5326, relating to ‘‘Assistance to tribunals and litigants outside this Commonwealth with respect to depositions’’ provides:

(a) General Rule.—A court of record of this Commonwealth may order a person who is domiciled or is found within this Commonwealth to give his testimony or statement or to produce documents or other things for use in a matter pending in a tribunal outside this Commonwealth. . . .

New subdivision (f) of Rule 4007.1 responds to the concern that there should be a limitation upon the county from which an order may be sought so that the person who is the subject of the order is not put to unreasonable expense or burden. A resident of Erie should not have to travel to Easton to object to an order obtained in connection with litigation outside the Commonwealth.

The provisions of this Rule 4007.1 adopted November 20, 1978, effective April 16, 1979, 9 Pa.B. 3551; amended April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended August 4, 1998, effective January 1, 1999, 28 Pa.B. 4175; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended September 20, 2007, effective November 1, 2007, 27 Pa.B. 5374; amended January 8, 2025, effective immediately, 55 Pa.B. 661. Immediately preceding text appears at serial pages (420483) to (420484) and (330311).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4007.2 When Leave of Court Required.

(a) Except as provided by Rules 1042.5 and 4003.5(a)(2) and by subdivisions (b) and (d) of this rule, a deposition may be taken without leave of court.

Official Note

Rule 1042.5 governs discovery in a professional liability action prior to the filing of a certificate of merit.

See Rule 1930.5(a) providing that there shall be no discovery in specified domestic relations matters unless authorized by the court. See also Rules 1910.9 and 1915.5(c) governing discovery in actions for support and custody, respectively.

(b) Leave of court must be obtained if a plaintiff’s notice schedules the taking of a deposition prior to the expiration of thirty days after service of the original process and the defendant has not served a notice of taking a deposition or otherwise sought discovery, unless the party or person to be examined is

(1) aged or infirm, or

(2) about to leave the county in which the action is pending for a place outside the Commonwealth or a place more than one hundred miles from the courthouse in which the action is pending.

(c) If the plaintiff proceeds under subdivision (b)(1) or (2) of this rule the notice of taking the deposition shall set forth the facts which support taking it without leave of court. The plaintiff’s attorney shall sign the notice and this signature shall constitute a certification that to the best of the attorney’s knowledge, information and belief the statement of facts is true.

Official Note

The court upon cause shown may make a protective order with respect to the time and place of taking the deposition. See Rule 4012.

(d) The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

This Rule consolidates in one Rule various provisions for leave of court which are now scattered through the prior Rules. It substantially follows present practice.

Rule 4003.5(a)(2), incorporated by reference, requires leave of court for further examination of experts whose opinions or reports have already been disclosed in response to the interrogatories.

Leave of court will also be required, under subdivision (d), to take the deposition of a person confined in prison. This follows the practice under prior Rule 4007(b).

Subdivision (b) states a general rule that leave of court is required where a plaintiff seeks to take an oral deposition prior to the expiration of 30 days after service of original process, if the defendant has not within such period sought discovery or noticed a deposition of his own. This is adapted from prior Rule 4007(b) with an extension of the time from 20 to 30 days.

However, subdivision (b) contains a special exception for aged, infirm or going witnesses. This was not in prior Rule 4007. No leave of court is required if the plaintiff’s notice to take the deposition sets forth the facts respecting the witness and the notice is signed by the plaintiff’s attorney. This constitutes a certification by him that the statement is true to the best of his knowledge, information and belief. The court, however, upon cause shown may under Rule 4012, on motion of an objecting party, enter a protective order changing the time or place.

Rule 4007.2(a) has been amended to delete the reference to Rule 4001(a). Rule 4001(a) was amended in 1997 by the deletion of the reference to domestic relations actions, the rules of which formerly contained a broad prohibition against discovery except upon leave of court. That broad prohibition has now been narrowed and discovery is available to the extent provided by Rule 1930.5 governing discovery in domestic relations matters generally and Rules 1910.9 and 1915.5 governing discovery in the actions of support and custody, respectively. At the same time, those rules continue to require leave of court in specified instances.

The provisions of this Rule 4007.2 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended March 19, 1999, effective July 1, 1999, 29 Pa.B. 1715; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended January 27, 2003, effective immediately, 33 Pa.B. 748. Immediately preceding text appears at serial pages (255403) to (255405).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4007.3 Sequence and Timing of Discovery.

Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery.

Neither the Federal Rules, prior to their amendment in 1970, nor prior Rule 4007 dealt with this subject. Some courts held that a party who first gave notice obtained a priority which would prevent depositions or discovery by other parties until the first party had completed his own depositions and discovery. This led to a ‘‘race to the courthouse.’’ The proposed Rule, which is taken almost verbatim from Fed. R.Civ.P. 26(d), is designed to reverse these decisions.

In principle, a party first initiating discovery gets no priority whatever. Nothing prevents other parties from proceeding simultaneously with their discovery.

Further, all methods of discovery may be used in any sequence; for example, interrogatories may precede oral depositions, or oral depositions may be followed by interrogatories or requests for admissions or requests for production of documents.

All this, however, is subject to the control of the court, which may enter special orders ‘‘for the convenience of parties and witnesses and in the interest of justice.’’

The provisions of this Rule 4007.3 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551.

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4007.4 Supplementing Responses.

A party or an expert witness who has responded to a request for discovery with a response that was complete when made is under no duty to supplement the response to include information thereafter acquired, except as follows:

(1) A party is under a duty seasonably to supplement the response with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters and the identity of each person expected to be called as an expert witness at trial, the subject matter on which each person is expected to testify and the substance of each person’s testimony as provided in Rule 4003.5(a)(1).

(2) A party or an expert witness is under a duty seasonably to amend a prior response if he or she obtains information upon the basis of which he or she knows

(i) the response was incorrect when made, or

(ii) the response though correct when made is no longer true.

(3) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests to supplement prior responses.

The prior Rules contained no provisions imposing any continuing obligation on an answering party to supplement his responses to interrogatories or oral depositions if he becomes aware of subsequent facts which make his prior answers incorrect when made or no longer true in the light of new circumstances.

Rule 4007.4 is adapted from Fed. R.Civ.P. 26(e) to provide such an automatic obligation. The automatic obligation is limited to (a) disclosure by a party of the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called at trial as expert witnesses, and (b) amendment of a prior answer if a party or expert witness obtains information on the basis of which he knows that the original response was incorrect, or, if correct when originally made, is no longer true. Additional obligations to supplement may be imposed by (1) an order of court; or (2) an agreement of the parties; or (3) supplemental interrogatories.

Fed. R.Civ.P. 26(e) has not been adopted verbatim. It restricts the duty to cases where ‘‘the circumstances are such that a failure to amend the response is in substance a knowing concealment.’’ This limitation has been rejected. It would introduce collateral issues. The test in new Rule 4007.4 is whether the party or the expert witness knows that the response was incorrect or is no longer correct in the light of intervening events of which he has knowledge. If he knows this, he must correct the response. If he does not know it, he need do nothing. Whether a failure to correct it is a ‘‘knowing concealment’’ introduces a different issue.

The Rule operates in several different ways as a practical matter.

First, it is quite common, when an oral deposition is complete, for the inquirer to request, and obtain, an agreement from the opponent or from an expert witness to supplement the response within the scope of the Rule. This also can be accomplished by appropriate closing questions in interrogatories.

Second, the inquirer, if such an agreement is refused, may move the court to enter an appropriate order.

Third, the inquirer may, at any time, force a review of prior responses by filing supplementary interrogatories or noticing a supplementary oral examination to discover whether the respondent has become aware of any information which requires an amendment of any prior response.

The Rule also expands the Federal Rule by including ‘‘a party or an expert witness’’; the Federal Rule includes ‘‘a party’’ only.

The provisions of this Rule 4007.4 adopted November 20, 1078, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (247872) to (247873) and (228825).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4008 Oral Examination. Limitation.

If a deposition is to be taken by oral examination more than one hundred miles from the courthouse, the court upon motion may make an order requiring the payment of reasonable expenses, including attorney’s fees, as the court shall deem proper.

This Rule remains unchanged.

It applies only where a deposition is to be taken by oral examination more than 100 miles from the courthouse. It does not apply to other situations or to other forms of discovery. Other kinds of limitations are prescribed in Rule 4012, infra, which provides for protective orders in all forms of discovery, in Rule 4010(a) which provides for limitations of physical or mental examinations and Rule 4009(b)(2) which provides for objections to production of documents and things and entry for inspection.

The provisions of this Rule 4008 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (228825) to (228826).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009 Production of Documents and Things and Entry for Inspection and Other Purposes. [Rescinded].

The provisions of this Rule 4009 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; rescinded April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921. Immediately preceding text appears at serial pages (209490 and (209491).

A. No Importation of Federal Law

Though the term ‘‘electronically stored information’’ is used in these rules, there is no intent to incorporate the federal jurisprudence surrounding the discovery of electronically stored information. The treatment of such issues is to be determined by traditional principles of proportionality under Pennsylvania law as discussed in further detail below.

B. Proportionality Standard

As with all other discovery, electronically stored information is governed by a proportionality standard in order that discovery obligations are consistent with the just, speedy and inexpensive determination and resolution of litigation disputes. The proportionality standard requires the court, within the framework of the purpose of discovery of giving each party the opportunity to prepare its case, to consider: (i) the nature and scope of the litigation, including the importance and complexity of the issues and the amounts at stake; (ii) the relevance of electronically stored information and its importance to the court’s adjudication in the given case; (iii) the cost, burden, and delay that may be imposed on the parties to deal with electronically stored information; (iv) the ease of producing electronically stored information and whether substantially similar information is available with less burden; and (v) any other factors relevant under the circumstances.

C. Tools for Addressing Electronically Stored Information

Parties and courts may consider tools such as electronic searching, sampling, cost sharing, and non-waiver agreements to fairly allocate discovery burdens and costs. When utilizing non-waiver agreements, parties may wish to incorporate those agreements into court orders to maximize protection vis-[agrave]-vis third parties. See, e.g., Fed. R. Evid. 502(c).

D. Eliminating References to ‘‘Depositions’’

The elimination of specific references to ‘‘depositions’’ in Rule 4011 is not intended to exclude depositions from the scope of this rule. The reference was eliminated because there was no reason to call out this one form of traditional discovery among many.

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.1 Production of Documents and Things. General Provisions.

(a) Any party may serve a request upon a party pursuant to Rules 4009.11 and 4009.12 or a subpoena upon a person not a party pursuant to Rules 4009.21 through 4009.27 to produce and permit the requesting party, or someone acting on the party’s behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, and electronically stored information), or to inspect, copy, test or sample any tangible things or electronically stored information, which constitute or contain matters within the scope of Rules 4003.1 through 4003.6 inclusive and which are in the possession, custody or control of the party or person upon whom the request or subpoena is served, and may do so one or more times.

(b) A party requesting electronically stored information may specify the format in which it is to be produced and a responding party or person not a party may object. If no format is specified by the requesting party, electronically stored information may be produced in the form in which it is ordinarily maintained or in a reasonably usable form.

Official Note

These rules do not prevent a court from entering an order under its common law power preserving or protecting a document or thing.

Parties to an action and persons not parties but served with a subpoena or request pursuant to these rules have the protective and enforcement provisions of the discovery rules available to them. See Rule 4012 governing protective orders and Rule 4019 governing enforcement and sanctions for failure to make discovery.

The remedy of a protective order is available to the party to whom a request is directed to prevent abuse.

These rules do not preclude (1) the issuance under Rule 234.1 et seq. of a subpoena or request for the production of documents or things at a deposition pursuant to Rule 4007.1(d) or (2) an independent action against a person not a party for production of documents or things.

For additional provisions governing the production of expert reports in medical professional liability actions, see Rule 1042.26 et seq.

The provisions of this Rule 4009.1 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended March 29, 2004, effective immediately, 34 Pa.B. 1926; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceeding text appears at serial pages (255407) to (255408) and (303601).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.11 Request Upon a Party for Production of Documents and Things.

(a) The request may be served without leave of court upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party.

(b) The request shall set forth in numbered paragraphs the items to be produced either by individual item or by category, and describe each item or category with reasonable particularity. Each paragraph shall seek only a single item or a single category of items. The request shall be prepared in such fashion that sufficient space is provided immediately after each paragraph for insertion of the answer.

Official Note

A request seeking electronically stored information should be as specific as possible. Limitations as to time and scope are favored, as are agreements between the parties on production formats and other issues.

See also Rule 4009.1 generally regarding electronically stored information.

The provisions of this Rule 4009.11 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial page (303601).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.12 Answer to Request Upon a Party for Production of Documents and Things.

(a) The party upon whom the request is served shall within thirty days after the service of the request

(1) serve an answer including objections to each numbered paragraph in the request, and

(2) produce or make available to the party submitting the request those documents and things described in the request to which there is no objection.

(i) Where the documents may be identified only after review of a larger group of documents, and the burden of identifying the documents would be substantially the same for the party serving the request as for the party served, the party served may afford the party serving the request reasonable opportunity to identify the documents, to examine or inspect them and to obtain copies.

(b) The answer shall be in the form of a paragraph-by-paragraph response which shall

(1) identify all documents or things produced or made available;

(2) identify all documents or things not produced or made available because of the objection that they are not within the scope of permissible discovery under Rule 4003.2 through Rule 4003.6 inclusive and Rule 4011(c). Documents or things not produced shall be identified with reasonable particularity together with the basis for non-production;

(3) specify a larger group of documents or things from which the documents or things to be produced or made available may be identified as provided by subdivision (a)(2)(i);

(4) object to the request on the grounds set forth in Rule 4011(a), (b), and (e) or on the ground that the request does not meet the requirements of Rule 4009.11;

(5) state that after reasonable investigation, it has been determined that there are no documents responsive to the request.

Official Note

The party who is requested to produce documents or things is encouraged to identify the documents or things produced and the documents or things withheld through a system of numbering. The party producing the documents and things and the party receiving them are encouraged to keep a current list of the documents and things produced and withheld based on the numbering system. This procedure will assist the court in resolving disputes arising out of production of documents.

Ordinarily, each page of a document should receive a separate number. However, a document may be assigned a number as a whole if it is bound or if it contains pages which are sequentially numbered.

The court may require numbering.

(c) The answer shall be signed and verified by the party making it and signed also by the attorney making an objection if one is set forth.

(d) If a request if reasonably susceptible to one construction under which documents sought to be produced are within the scope of the request and another construction under which the documents are outside the scope of the request, the answering party shall either produce the documents or identify with reasonable particularity the documents not produced together with the basis for non-production.

Official Note

See Rule 4009.1 regarding electronically stored information.

The provisions of this Rule 4009.12 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial pages (303601) to (303602).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.21 Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections.

(a) A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. A copy of the subpoena proposed to be served shall be attached to the notice.

Official Note

For the form of the written notice, see Rule 4009.24(a).

These rules do not preclude (1) the issuance under Rule 234.1 et. seq. of a subpoena or request for the production of documents or things at a deposition pursuant to Rule 4007.1(d) or (2) an independent action against a person not a party for production of documents or things.

(b) The written notice shall not be given to the person named in the subpoena.

(c) Any party may object to the subpoena by filing of record written objections and serving a copy of the objections upon every other party to the action.

Official Note

For the form of the objections, see Rule 4009.24(b).

The requirement of filing with the prothonotary the objections under this rule and the certificate under Rule 4009.23(a) provides a more formal procedure for the participation of a person not a party in the discovery process.

(d)(1) If objections are received by the party intending to serve the subpoena prior to its service, the subpoena shall not be served. The court upon motion shall rule upon the objections and enter an appropriate order.

Official Note

Subdivision (a) of this rule provides a twenty-day notice period during which a subpoena may not be served.

(2) If objections are not received as provided in paragraph (1), the subpoena may be served subject to the right of any party or interested person to seek a protective order.

Official Note

Rule 4009.22(a) requires the filing of a certificate as a prerequisite to service.

See Rule 4009.1 regarding electronically stored information.

The provisions of this Rule 4009.21 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended August 4, 1998, effective January 1, 1999, 28 Pa.B. 4175; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial pages (303602) and (247877).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.22 Service of Subpoena.

(a) The party seeking production may serve on the person named in the subpoena a copy of the subpoena only if it is identical to the subpoena attached to the notice of intent to serve the subpoena and if the party seeking production has filed of record a certificate that

(1) the notice of intent to serve a subpoena was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served,

(2) a copy of the notice of intent, including the proposed subpoena attached to the notice of intent, is attached to the certificate,

(3) no objection to the subpoena has been received, and

(4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena.

Official Note

For the form of the certificate, see Rule 4009.25.

The twenty-day advance notice is for the benefit of the parties and not the person served. The twenty-day notice period may be waived and the certificate modified accordingly.

(b) The subpoena shall be issued as provided by Rule 234.2(a) and shall be served in the manner provided by Rule 234.2(b).

Official Note

Rule 234.2(a) governs the issuance by the prothonotary of a subpoena to testify. Rule 234.2(b) governs service of a subpoena to testify.

For the form of a subpoena to produce, see Rule 4009.26.

The provisions of this Rule 4009.22 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (228829) to (228830).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.23 Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received.

(a) The person not a party upon whom the subpoena has been served shall, in complying with the subpoena, execute a certificate of compliance and deliver it with the documents or things produced to the party serving the subpoena within twenty days of service. A form of certificate to be executed and delivered shall be served with the subpoena.

Official Note

For the form of the certificate of compliance, see Rule 4009.27.

The requirement of filing with the prothonotary the certificate under this rule and the objections under Rule 4009.21(c) provides a more formal procedure for the participation of a person not a party in the discovery process.

(b) The party receiving documents and things pursuant to the subpoena shall give notice of receipt to every other party to the action and upon the payment of reasonable cost shall

(1) furnish a legible copy of each document to any other party who requests a copy and

(2) allow reasonable access to the things to any other party who requests access.

Official Note

See Rule 4009.1 regarding electronically stored information.

The provisions of this Rule 4009.23 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial page (247878).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.24 Notice of Intent to Serve Subpoena. Objection to Subpoena. Forms.

(a) The written notice of intent to serve a subpoena required by Rule 4009.21(a) shall be substantially in the following form:

NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCEDOCUMENTS AND THINGS FOR DISCOVERY PURSUANTTO RULE 4009.21

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.25 Certificate Prerequisite to Service of Subpoena. Form.

The certificate required by Rule 4009.22(a) as a prerequisite to the service of a subpoena shall be substantially in the following form:

(CAPTION)

CERTIFICATEPREREQUISITE TO SERVICE OF A SUBPOENAPURSUANT TO RULE 4009.22

As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.26 Subpoena to Produce Documents or Things. Form.

A subpoena to produce documents or things shall be substantially in the following form:

(CAPTION)

SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FORDISCOVERY PURSUANT TO RULE 4009.22

TO:

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.27 Certificate of Compliance. Form.

The certificate of compliance required by Rule 4009.23(a) shall be substantially in the following form:

(CAPTION)

NOTICE

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.31 Entry Upon Property for Inspection and Other Activities. General Provisions.

Any party may serve a request upon a party pursuant to Rule 4009.32 or a motion upon a person not a party pursuant to Rule 4009.33 to permit entry upon designated property in the possession or control of the party or person upon whom the request is served for the purpose of inspecting and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rules 4003.1 through 4003.6 inclusive.

Official Note

These rules do not prevent a court from entering an order under its common law power preserving or protecting property.

These rules do not preclude an independent action against a person not a party for permission to enter upon property.

The provisions of this Rule 4009.31 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921.

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.32 Request for Entry upon Property of a Party.

(a) The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. The request shall describe with reasonable particularity the property to be entered and the activities to be performed.

(b) The party upon whom the request is served shall allow the requested entry unless the request is objected to within thirty days after service of the request, in which event the reasons for objection shall be stated. If objection is made to part of a request, the part shall be specified. The party submitting the request may move for an order under Rule 4019(a) with respect to any objection to or failure to respond to the request or any part thereof, or any failure to permit entry as requested.

Official Note

The remedy of a protective order is available to the party to whom the request is directed to prevent abuse.

The provisions of this Rule 4009.32 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921.

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4009.33 Motion for Entry Upon Property of a Person Not a Party.

(a) A motion to permit entry upon property of a person not a party shall begin with the notice prescribed by subdivision (c) and shall describe with reasonable particularity the property to be entered and the activities to be performed. The motion shall be served personally by an adult in the same manner as original process. A copy of the motion shall also be served upon all other parties to the action pursuant to Rule 440.

Official Note

For general provisions governing entry upon property, see Rule 4009.31.

(b) If the person served does not affirmatively consent to the entry, the motion may be presented to the court. The moving party shall give the person served not less than fifteen days notice of the presentation of the motion. Upon proof of service of the notice of the presentation, the court, as it deems appropriate, may enter an order permitting or denying the entry or set a date for a hearing. The order permitting entry shall specify a reasonable time, manner or other condition of entry and of making the inspection and performing any related acts.

(CAPTION)

IMPORTANT NOTICE

YOU HAVE PROPERTY WHICH THE PARTIES TO THE ABOVE LAWSUIT WISH TO ENTER FOR INSPECTION OR OTHER ACTIVITIES. THE MOTION ATTACHED TO THIS NOTICE ASKS THE COURT FOR AN ORDER ALLOWING THE ENTRY INTO YOUR PROPERTY. IF YOU CONSENT TO THIS ENTRY PLEASE FILL IN THE ATTACHED FORM. PLEASE CONTACT THE ATTORNEY LISTED BELOW:

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4010 Physical and Mental Examination of Persons.

(a)(1) As used in this rule, ‘‘examiner’’ means a licensed physician, licensed dentist or licensed psychologist.

(2)(a) When the mental or physical condition of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by an examiner or to produce for examination the person in the party’s custody or legal control.

Official Note

The examination may include blood or genetic testing.

(3) The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.

(4)(i) The person to be examined shall have the right to have counsel or other representative present during the examination. The examiner’s oral interrogation of the person to be examined shall be limited to matters specifically relevant to the scope of the examination.

Official Note

Ordinarily, the facts giving rise to liability are not germane to an examination and the information which the examiner seeks should be limited to facts of liability germane to the issue of damages.

(ii) Subdivision (a)(4)(i) shall not apply to actions for custody, partial custody and visitation of minor children.

(5)(i) The party who is being examined or who is producing for examination a person in the party’s custody or legal control may have made upon reasonable notice and at the party’s expense a stenographic or audio recording of the examination. Upon request and payment of reasonable cost, the party who caused the recording to be made shall provide each other party with a copy of the recording.

(ii) Subdivision (a)(5)(i) shall not apply to actions for custody, partial custody and visitation of minor children.

(b)(1) If requested by the party against whom an order is made under this rule or the person examined, the party causing the examination to be made shall deliver to the requesting party or person a copy of a detailed written report of the examiner setting out the examiner’s findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows inability to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if an examiner fails or refuses to make a report the court shall exclude the examiner’s testimony if offered at the trial.

(2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege the party may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the party in respect of the same mental or physical condition.

(3) Subdivision (b) applies to an examination made by agreement of the parties, unless the agreement expressly provides otherwise. It does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner in accordance with the provisions of any other rule.

Prior Rule 4010 has been substantially revised to conform closely to Fed. R.Civ.P. 35. It makes the following changes in the prior practice:

(1) The Federal Rule covers a party and also a person in the custody or legal control of a party. This expansion is incorporated in the amendment.

(2) The amendment introduces a specific requirement of ‘‘good cause shown’’ and notice to all parties and to the person to be examined. Actually, this makes no change in present practice. Good cause and notice were implicit in the prior Rule, which required a showing that the physical or mental condition was in controversy in the action. Good cause and notice are intended to protect parties against undue invasion of their rights to privacy.

(3) Subdivision (b)(1) gives the party against whom the order is issued the right to require the examining physician to give him a report of the results of all tests made and his diagnoses and conclusions, including like reports of all earlier examinations of the same condition to which the examining physician may have had access. This would include the results of X-rays, cardiograms or other tests. If such a report is requested and received, the recipient must reciprocate, on request, and deliver a copy of all prior or later examinations made by his physician. Sanctions are provided for refusal. This follows Fed. R.Civ.P. 35(b)(1).

(4) Subdivision (b)(2) provides that if a report is requested and received under subdivision (b)(1) or if the deposition of the examining physician is taken, the party examined waives any privilege he may have concerning the testimony of anyone who may have examined him earlier or thereafter. This follows Fed. R.Civ.P. 35(b)(2).

(5) Subdivision (b)(3) provides that examinations made by agreement of the parties may be subject to production under the Rule and that discovery of the report of an examining physician or deposing him under other Rules is not precluded. This follows Fed. R.Civ.P. 35(b)(3) as amended in 1970.

In practice, medical reports, as part of the special damages, are routinely submitted during settlement discussions, sometimes even before suit is commenced. There was little litigation over prior Rule 4010 and there should be relatively little under the amended Rule.

The provisions of this Rule 4010 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 24, 1998, effective July 1, 1998, 28 Pa.B. 2131. Immediately preceding text appears at serial pages (228835) to (228837).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4010.1 Evaluation of Earning Capacity.

(a) When the earning capacity of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to an evaluation by a suitably licensed or certified evaluator or to produce for evaluation the person in the party’s custody or legal control.

(b) The evaluation shall be subject to the provisions of Rule 4010(a)(3) through (b)(3) inclusive.

The provisions of this Rule 4010.1 adopted April 24, 1998, effective July 1, 1998, 28 Pa.B. 2131.

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4011 Limitation of Scope of Discovery.

No discovery, including discovery of electronically stored information, shall be permitted which

(a) is sought in bad faith;

(b) would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party;

(d) is prohibited by any law barring disclosure of mediation communications and mediation documents; or

Official Note

Section 5949 of the Judicial Code, 43 Pa.C.S. § 5949, provides, with specified exceptions, that all mediation communications and mediation documents are privileged. See Section 5949(c) for definitions of mediation communication and mediation document.

(e) would require the making of an unreasonable investigation by the deponent or any party or witness.

Official Note

As with all other discovery rules, this rule governs electronically stored information. See the explanatory comment preceding Rule 4009.1.

The amendments, as already pointed out, make two important changes in present Rule 4011. They delete subdivision (d) limiting the discovery of trial preparation material, and subdivision (f) forbidding any discovery which would require a deponent, whether or not a party, to give an opinion as an expert witness over his objection. These changes have already been discussed under Rules 4003.3 to 4003.5, supra. Minor stylistic changes have been made in subdivision (b). The provision protecting trade secrets or other confidential research, development, or commercial information has been transposed from subdivision (c) to Rule 4012(a)(9).

The provisions of this Rule 4011 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 1443; amended August 20, 2004, effective October 1, 2004, 34 Pa.B. 4881; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial page (305444).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4012 Protective Orders.

(a) Upon motion by a party or by the person from whom discovery or deposition is sought, and for good cause shown, the court may make any order which justice requires to protect a party or person from unreasonable annoyance, embarrassment, oppression, burden or expense, including one or more of the following:

(1) that the discovery or deposition shall be prohibited;

(2) that the discovery or deposition shall be only on specified terms and conditions, including a designation of the time and place;

(3) that the discovery or deposition shall be only by a method of discovery or deposition other than that selected by the party seeking discovery or deposition;

(4) that certain matters shall not be inquired into;

(5) that the scope of discovery or deposition shall be limited;

(6) that discovery or deposition shall be conducted with no one present except persons designated by the court;

(7) that a deposition shall be sealed and shall be opened only by order of the court;

(8) that the parties simultaneously shall file specified documents or information enclosed in sealed envelopes to be opened as directed by the court;

(9) that a trade secret or other confidential research, development or commercial information shall not be disclosed or be disclosed only in a designated way.

If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.

Official Note

Motions for a protective order are governed by the motion rules, Rule 208.1 et seq. A court of common pleas, by local rule numbered Local Rule 208.2(e), may require that the motion contain a certification that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action.

(b) At any time during the taking of a deposition, on motion of any party or of the deponent, the court may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in subdivision (a). If the order made terminates the examination it shall be resumed thereafter only upon order of the court. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order and to obtain the court’s ruling thereon.

Under the prior practice, protective orders were available in depositions or discovery on oral examination (Rule 4012) or on written interrogatories (Rule 4004(e)). They were not specifically included in interrogatories to parties (Rule 4005) or in general discovery (Rule 4007). The amendment provides a comprehensive Rule which covers all depositions and all discovery. This follows Fed. R.Civ.P. 26(c).

The eight subdivisions of prior Rule 4012(a) remain, with stylistic changes which broaden their scope. No major change is made in principle. A new ninth subdivision is added, transposing the provisions of former Rule 4011(c) dealing with trade secrets, research and development. The nine subdivisions are defined as examples of the broad principle of protecting against ‘‘unreasonable annoyance, embarrassment, oppression, burden or expense.’’ The power of the court should be adequate to furnish any needed protection.

A self-explanatory clause is added at the end of subdivision (a) empowering the court, if it denies the protective order, to order that discovery go forward.

The amendment permits a simple motion procedure for a protective order. This is not necessarily the exclusive procedure for obtaining relief. The various forms of protective order authorized by the Rule can be included by the court in orders entered at other stages of the litigation, if appropriate. For example, a stay of all proceedings will automatically block any pending or prospective discovery.

The last sentence of former subdivision (b) is deleted, since all provisions for expenses and attorneys’ fees as sanctions are consolidated in Rule 4019, infra.

The provisions of this Rule 4012 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506. Immediately preceding text appears at serial pages (243960) to (243961) and (255409).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4013 Stay of Proceedings.

The filing of a motion for a protective order shall not stay the deposition, production, entry on land or other discovery to which the motion is directed unless the court shall so order. The court for good cause shown may stay any or all proceedings in the action until disposition of the motion.

Former Rule 4013 provided that the filing of any motion or application directed to a deposition or to discovery would automatically stay proceedings with respect to that deposition or discovery. Further, the court could also stay all proceedings in the action until disposition of the motion or application. It had no counterpart in the Federal Rules. Under federal practice the filing of a motion for a protective order will not constitute a stay unless a stay order is granted.

The automatic stay under former Rule 4013 presented the possibility of misuse. Assume one party notices an emergency deposition of a going, aged or infirm witness. Assume his opponent files a motion for a protective order. This will automatically stay the deposition. The witness may be dead or may have left the Commonwealth before the motion is disposed of and the stay is lifted.

If the motion, in such a case, was frivolous and filed in bad faith, simply to assure no deposition before death or departure, Rule 4019(h) authorized the imposition of counsel fees and costs. This will be a hollow benefit if the testimony of an important witness is irrevocably lost.

A number of alternative solutions for controlling misuse were suggested, including a provision for timely filing as a prerequisite to automatic stay, or limiting the automatic stay to 48 hours unless the court granted a further stay. None of these adequately solved the difficulties presented by the automatic stay procedure. Timely filing was imprecise as to time and the fixed 48-hour period failed to reach critical situations in the case of going or aged witnesses.

The amendment therefore abolishes all automatic stay and adopts the federal practice requiring a stay order in all cases. It is recognized that this will impose on the courts the creation of necessary administrative machinery to insure prompt access to and prompt action by the court. A judge must be available on short notice.

This has worked well in the federal courts and should work equally well in our courts.

In urgent discovery and deposition matters, there is no place for motion and argument lists held only once a month or quarterly. This is not a matter limited to protective orders; it cuts across the whole field of obstructive and dilatory tactics to frustrate discovery.

In many counties the machinery already exists, with special assignment of motion judges available at all times. Most counties also provide for emergency judges assigned for weekends and holidays, so that no major changes in administrative machinery should be required.

There are, in addition, a number of other Rules which provide for the equivalent of self-executing stays without special allowance, so that the need for emergency action in many instances will be obviated.

(a) Rule 4003.4 as amended permits a party to refuse to produce the statement of a party or a witness. He needs no stay order, because the Rule puts the burden on the requesting party to move for an order for production.

(b) Rule 4006(a)(1) provides that an answer to written interrogatories to a party may include grounds for objection. This similarly puts the burden on the inquirer to move for dismissal of the objection and a direction that the interrogatory be answered.

(c) Rule 4019 contains a group of additional instances where the burden is placed on the moving party to move for relief on the basis of an unjustifiable refusal of a party or witness to respond. These include failure to answer interrogatories (under Rules 4004 and 4005), refusal of a party to appear for deposition after notice, refusal of a party to obey an order of court, inducing a person to refuse to obey an order of court, refusal to obey an order of court under Rule 4009 for production and inspection of documents or things or entry upon land, refusal to obey an order of court under Rule 4010 for a medical examination, and, generally, a failure to make discovery or to obey an order of court relating to discovery.

(d) Rule 4014, regulating requests for admission, provides that the answering party may raise objections in his answer. The burden is placed on the requesting party to move for a determination of the sufficiency of the objection. The requirement of a stay order to protect against abusive discovery should not be an excessive burden on the parties, nor should the courts be swamped with applications for a stay. The federal experience and the Pennsylvania experience suggest that there are adequate means by which counsel can protect his client and his witnesses from abusive discovery other than by seeking protective orders, and that the requirement of asking the court for a stay order in a significant case is a minor procedural act.

The provisions of this Rule 4013 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551. Immediately preceding text appears at serial page (16021).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4014 Request for Admission.

(a) A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rules 4003.1 through 4003.5 inclusive set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or available for inspection and copying in the county. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party.

(b) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission an answer verified by the party or an objection, signed by the party or by the party’s attorney; but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five days after service of the original process upon him or her. If objection is made, the reasons therefor shall be stated. The answer shall admit or deny the matter or set forth in detail the reasons why the answering party cannot truthfully do so. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the answering party states that he or she has made reasonable inquiry and that the information known or readily obtainable by him or her is insufficient to enable him or her to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request. That party may, subject to the provisions of Rule 4019(d), deny the matter or set forth reasons why he or she cannot admit or deny it.

Official Note

The requirements of an answer are governed by this rule and not by Rule 1029(b).

(c) The party who has requested the admission may move to determine the sufficiency of the answer or objection. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pre-trial conference or at a designated time prior to trial.

(d) Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 212.3 governing pre-trial conferences, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him or her in maintaining the action or defense on the merits. Any admission by a party under this rule is for the purpose of the pending action only and is not an admission by the party for any other purpose nor may it be used against the party in any other proceeding.

Prior Rule 4014 has been completely revised to conform to Fed. R.Civ.P. 36 as amended in 1970.

The amendments make the following significant changes in present practice:

(1) The scope of the requests is enlarged. The prior Rule permitted requests for admission only as to truth of any relevant matters of fact or the genuineness of any writing, agreement, or record. The revision will cover all matters within the scope of deposition Rules 4003.1 through 4003.5. This includes all matters that relate to the truth of any matter, but also to statements or opinions of fact or of the application of law to fact.

(2) The request may be made on any party; the prior Rule limited the request to ‘‘adverse’’ parties. The plaintiff may serve a request on any defending party after the party has been served with original process. A defending party may serve a request on the plaintiff at any time after the action is commenced.

(3) The respondent must answer or object. The answer must admit or deny in whole or in part. The form of a denial is clarified. Lack of information or knowledge is an insufficient denial, unless he avers that he has made reasonable inquiry and that the information available is still insufficient to enable him to admit or deny. Subdivision (b), unlike the Federal Rule, requires a sworn answer. The answer or the objections may be signed by the attorney.

(4) The form of the denial will not be governed by Pleading Rule 1029(b). Subdivision (b) provides that a denial shall fairly meet the substance of the requested admission and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. Thus, a good faith general denial which would be insufficient under Rule 1029(b) might be sufficient here. (5) Where the respondent believes that a request for admission involves a genuine issue of fact for trial, this alone does not make the request objectionable. He must deny the matter or set forth reasons why he cannot admit or deny it. Sanction Rule 4019(d), which is specially mentioned in subdivision (b), provides that if, at trial, a party is required to prove that which should have been admitted, the expenses, including counsel fees, of proving such matters may be imposed upon the respondent unless the admission was of no substantial importance, or the request could have been held objectionable, or the respondent reasonably believed he could prevail at trial on the issue, or there was other good reason for the failure to admit.

(6) The time periods for answer or objection are conformed to the Federal Rule and extended from 10 to 30 days or to 45 days after service of original process.

(7) A specific procedure is provided in subdivision (c) for an early determination of the sufficiency of an answer or objection. The prior Rule provided no such determination before trial, and a party often came to trial uncertain whether the answer constituted an admission or denial. The amendment provides that the court may order the matter to be admitted or an amended answer to be served, or it may postpone the final determination of this issue to pretrial conferences or a designated time prior to trial.

(8) Finally, subdivision (d) sets forth the terms under which an admission may be withdrawn or amended and the effect of possible prejudice to the inquirer from an amendment or withdrawal. It also contains the important condition that the admission is localized in the pending action and cannot be used against him in any other proceeding.

The provisions of this Rule 4014 amended through October 16, 1981, effective October 16, 1981, 11 Pa.B. 3687; amended December 14, 1989, effective January 1, 1990, 20 Pa.B. 11; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (228840) to (228842).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4015 Persons Before Whom Depositions May be Taken.

(a) Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of this Commonwealth or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed shall have power to administer oaths and take testimony.

(b) In a foreign country, depositions may be taken

(1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or

(2) before a person commissioned by the court in which the action is pending, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony, or

(3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed ‘‘To the Appropriate Authority in (here name the country).’’ Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules.

(c) No deposition shall be taken before a person who is a relative, employee or attorney of any of the parties, or who is a relative or employee of such attorney, or who is financially interested in the action.

The amendments conform the Rule to Fed. R.Civ.P. 28. They make the following changes in present practice:

(1) When depositions are to be taken within the United States or a territory or insular possession, the list of persons authorized to take the deposition is increased by adding a person appointed by the court in which the action is pending. That person thereby acquires the power to administer an oath. This permits the taking of depositions in isolated places where no one would ordinarily be found who is authorized to administer an oath, and where the parties do not stipulate that the oath be waived under Rule 4002.

(2) When depositions are to be taken in foreign countries, the list of persons who may take the deposition will now include any person authorized to administer an oath in the place in which the examination is held, either by the law of that place or by the law of the United States. Commissions or letters rogatory remain available, and a person commissioned by the court will have the power to administer oaths or to take testimony by virtue of his commission. It is not requisite to the issuance of a commission or a letter rogatory that the taking of a deposition in any other matter is impracticable or inconvenient and both a commission and a letter may be issued in proper cases.

In many cases international judicial assistance may be required, especially if there is a non-cooperative witness whose appearance must be compelled. A check should be made to see if the foreign country involved is a signatory to the Hague Convention for the Taking of Evidence Abroad. If so, the procedure under that Convention may be useful. (3) Evidence obtained in response to a letter rogatory may not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the technique used in depositions taken within the United States. This provision is essential to permit the use of testimony taken in non-common law countries where testimony may be taken before a judge or other officer who questions the witness, sometimes without administering an oath and without a verbatim transcript, and who prepares a summary of the testimony which the witness has given. While the court may not exclude the evidence for this reason, its value or weight may be affected by the method of taking or recording the testimony.

The provisions of this Rule 4015 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding test appears at serial pages (228843) to (228844).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4016 Taking of Depositions. Objections.

(a) Objection to taking a deposition because of the disqualification of the person before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

(b) Objections to the competency of a witness or to the competency, relevancy, or materiality of the testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which was known to the objecting party and which might have been obviated or removed if made at that time.

(c) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of oral questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might have been obviated, removed, or cured if objections had been promptly made, are waived unless seasonable objection is made at the taking of the deposition.

(d) All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.

Official Note

Objections to the form of written interrogatories must be made as provided by Rule 4004(b).

This Rule remains unchanged.

The provisions of this Rule 4016 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551. Immediately preceding text appears at serial page (16022).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4017 Transcript of Testimony. Objections.

(a) The person before whom the deposition is taken shall put the witness on oath or affirmation and shall personally or by someone acting under his or her direction and in his or her presence record the testimony of the witness.

(b) The testimony of the witness shall be transcribed. Objections to the manner of preparation or the correctness of the transcript are waived unless they are filed in writing with the court promptly after the grounds of objection become known or could have been discovered with reasonable diligence.

(c) When the testimony is fully transcribed a copy of the deposition with the original signature page shall be submitted to the witness for inspection and signing and shall be read to or by the witness and shall be signed by the witness, unless the inspection, reading and signing are waived by the witness and by all parties who attended the taking of the deposition, or the witness is ill or cannot be found or refuses to sign. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the person before whom it was taken with a statement of the reasons given by the witness for making the changes. If the deposition is not signed by the witness within thirty days of its submission to the witness, the person before whom the deposition was taken shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

(d) The person before whom the deposition is taken shall certify on the deposition that the witness was duly sworn and that the deposition is a true record of the testimony given by the witness.

(e) In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the person taking the deposition, who shall propound them to the witness and record the answers verbatim.

(f) Upon payment of reasonable charges, the person before whom the deposition was taken shall furnish a copy thereof to any party or to the deponent.

Minor stylistic changes have been made in this Rule. In addition, a time limit of 30 days is given the witness to make any changes in the transcript of the deposition and to sign it.

The provisions of this Rule 4017 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5338; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (228844) to (228845).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4017.1 Video Depositions.

(a) Any deposition upon oral examination may be taken as a matter of course as a video deposition by means of simultaneous audio and visual electronic recording. Except as provided by this rule, the rules of this chapter governing the practice and procedure in depositions and discovery shall apply.

(1) Any party may have a video deposition recorded simultaneously by stenographic means as provided by this chapter.

(2) A video deposition may be used in court only if accompanied by a transcript of the deposition.

(b) Every notice or subpoena for the taking of a video deposition shall state

(1) that the deposition is to be taken as a video deposition,

(2) the name and address of the person whose deposition is to be taken,

(3) the name and address of the officer before whom it is to be taken,

(4) whether the deposition is to be simultaneously recorded by stenographic means, and

(5) the name and address of the video operator and of his or her employer. The operator may be an employe of the attorney taking the deposition.

(c) The deposition shall begin by the operator stating on camera (1) his or her name and address, (2) the name and address of his or her employer, (3) the date, time and place of the deposition, (4) the caption of the case, (5) the name of the witness, and (6) the party on whose behalf the deposition is being taken. The officer before whom the deposition is taken shall then identify himself or herself and swear the witness on camera. At the conclusion of the deposition the operator shall state on camera that the deposition is concluded. When the length of the deposition requires the use of more than one videotape, the end of the videotape and the beginning of each succeeding videotape shall be announced on camera by the operator.

(d) The deposition shall be timed by a digital clock on camera which shall show continually each hour, minute and second of each videotape of the deposition.

(e) No signature of the witness shall be required.

(f) The attorney for the party taking the deposition shall take custody of and be responsible for the safeguarding of the videotape and shall permit the viewing of and shall provide a copy of the videotape or the audio portion thereof upon the request and at the cost of a party.

(g) In addition to the uses permitted by Rule 4020 a video deposition of a medical witness or any witness called as an expert, other than a party, may be used at trial for any purpose whether or not the witness is available to testify.

(h) At a trial or hearing that part of the audio portion of a video deposition which is offered in evidence and admitted, or which is excluded on objection, shall be transcribed in the same manner as the testimony of other witnesses. The videotape shall be marked as an exhibit and may remain in the custody of the court.

Official Note

Local rules and practice shall regulate the procedure for handling objections to questions and answers on the videotape. Suggested devices include inter alia, previewing by the judge and counsel and withholding from the evidence material to which objections are sustained; or having the operator turn off the audio portion of the videotape at the trial or hearing to exclude objectionable material or the use of ‘‘fast forward’’ by the operator at the trial or hearing to eliminate both the image and the sound of the objectionable material.

(i) As used in this rule, ‘‘videotape’’ includes all media on which a video deposition may be recorded.

This Rule remains unchanged.

Pennsylvania was one of the first states to authorize videotape depositions. Although adopted in April, 1973 as part of a two-year experimental program, the Rule appears to have worked well in practice.

The provisions of this Rule 4017.1 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1727; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended April 25, 2007, effective July 1, 2007, 37 Pa.B. 2178. Immediately preceding text appears at serial pages (255416) and (301351).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4018 [Rescinded].

Official Note

See Rule 234.1 et seq. governing subpoenas.

The provisions of this Rule 4018 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; rescinded December 14, 1989, effective January 1, 1990, 20 Pa.B. 7. Immediately preceding text appears at serial pages (134427) to (134428).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4019 Sanctions.

(a)(1) The court may, on motion, make an appropriate order if

(i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005;

(ii) a corporation or other entity fails to make a designation under Rule 4004(a)(2) or 4007.1(e);

(iii) a person, including a person designated under Rule 4004(a)(2) to be examined, fails to answer, answer sufficiently or object to written interrogatories under Rule 4004;

(iv) a party or an officer, or managing agent of a party or a person designated under Rule 4007.1(e) to be examined, after notice under Rule 4007.1, fails to appear before the person who is to take the deposition;

(v) a party or deponent, or an officer or managing agent of a party or deponent, induces a witness not to appear;

(vi) a party or an officer, or managing agent of a party refuses or induces a person to refuse to obey an order of court made under subdivision (b) of this rule requiring such party or person to be sworn or to answer designated questions or an order of court made under Rule 4010;

(vii) a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested;

(viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery.

(2) A failure to act described in subdivision (a)(1) may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order.

Official Note

Motions for sanctions are governed by the motion rules, Rule 208.1 et seq. A court of common pleas, by local rule numbered Local Rule 208.2(e), may require that the motion contain a certification that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action.

(b) If a deponent refuses to be sworn or to answer any question, the deposition shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, the proponent may apply to a proper court in the county where the deposition is being taken or to the court in which the action is pending, for an order compelling the witness to be sworn or to answer, under penalty of contempt, except that where the deposition of a witness not a party is to be taken outside the Commonwealth, the application shall be made only to a court of the jurisdiction in which the deposition is to be taken.

(1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition;

(3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience;

(4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010;

(5) such order with regard to the failure to make discovery as is just.

(d) If at the trial or hearing, a party who has requested admissions as authorized by Rule 4014 proves the matter which the other party has failed to admit as requested, the court on motion may enter an order taxing as costs against the other party the reasonable expenses incurred in making such proof, including attorney’s fees, unless the court finds that

(1) the request was or could have been held objectionable pursuant to Rule 4014, or

(2) the admission sought was of no substantial importance, or

(3) the party failing to admit had reasonable ground to believe that he or she might prevail on the matter, or

(4) there was other good reason for the failure to admit.

(e) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by such other party and his or her attorney in so attending, including attorney’s fees.

(f) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and because of such failure the witness does not attend, and if another party attends in person or by attorney expecting the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by such other party and his or her attorney in so attending, including attorney’s fees.

(g)(1) Except as otherwise provided in these rules, if following the refusal, objection or failure of a party or person to comply with any provision of this chapter, the court, after opportunity for hearing, enters an order compelling compliance and the order is not obeyed, the court on a subsequent motion for sanctions may, if the motion is granted, require the party or deponent whose conduct necessitated the motions or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses, including attorney’s 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.

(2) If the motion for sanctions is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney’s fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

(3) 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 in a just manner.

Official Note

For other special provisions authorizing the award of expenses including attorney fees see Rule 4008 where a deposition is to be taken more than 100 miles from the courthouse; 4019(d) where a party unjustifiably refuses to admit causing the other party to incur expenses of proof at trial; 4019(e) and (f) where a party notices a deposition and fails to appear or to subpoena a witness to appear causing the other party to incur unnecessary expenses; and 4019(h) where a party files motions or applications for the purpose of delay or bad faith.

(h) If the filing of a motion or making of an application under this chapter 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 attorney’s fees, actually incurred by the opposing party by reason of such delay or bad faith. A party upon whom such costs have been imposed may neither (1) take any further step 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.

(i) A witness whose identity has not been revealed as provided in this chapter shall not be permitted to testify on behalf of the defaulting party at the trial of the action. However, if the failure to disclose the identity of the witness is the result of extenuating circumstances beyond the control of the defaulting party, the court may grant a continuance or other appropriate relief.

(j) Expenses and attorney’s fees may not be imposed upon the Commonwealth under this rule.

Former Rule 4019 worked reasonably well since it was first adopted in 1950. Amendments were, however, necessary to reflect the many amendments in other Rules. Opportunity was taken to make additional amendments to approach more closely the language of Fed. R.Civ.P. 37.

(1) Subdivision (a)(viii) is a blanket authorization to the court to enter a sanction order whenever there is a failure to make discovery or to obey an order of the court. The preceding subsections of subdivision (a) set out a series of specific violations of Rules 4004, 4005, 4007.1, 4007.2, 4009 and 4010 which are included in the blanket authorization. These are only illustrations and do not limit the all-inclusive coverage of subsection (viii).

(2) Prior Rule 4019(a) required a showing that an offender had acted ‘‘wilfully.’’ This word has been deleted. The court may impose sanctions even if the failure is not wilful. Wilfulness of course may be a factor in determining the extent of the sanction but it will not be an essential condition precedent to the power to impose a sanction.

(3) A new subdivision (a)(2), taken from Fed. R.Civ.P. 37(4), provides that failure to permit deposition or discovery may not be excused on the ground that the discovery sought is objectionable, unless the party failing to act has filed an appropriate objection or has applied for a protective order.

Subdivision (b) remains unchanged, except that the procedure for imposition of expenses and counsel fees is transposed to the new subdivision (g).

Subdivision (c) remains unchanged except for the addition of a catch-all subsection (5).

Subdivision (d) permits an award of expenses including counsel fees where a party has unjustifiably failed or refused to admit requests for admissions under Rule 4014, and the inquirer is thereafter compelled to prove the unadmitted facts at the trial. This has been discussed in the commentary to Rule 4014, supra.

Subdivisions (e) and (f) are unchanged. These also permit the sanction of expenses, including counsel fees. These provisions have been rarely invoked in practice. They remind counsel that lack of professional courtesy in notifying opposing counsel that parties or witnesses may not attend a deposition may subject them to sanctions.

Subdivision (g) contains novel provisions with respect to the imposition of expenses and counsel fees in situations other than those regulated in subdivisions (d), (e), (f) and (h). These four sub-sections cover requests for admissions, failure of a party or a witness to attend depositions and the filing motion or application in bad faith or for purposes of delay.

These constitutes a relatively small area of deposition and discovery practice. They do not include the situations regulated in subdivisions (a), (b) and (c), which cover the more common situations of interrogatories and answers, oral depositions on notice, production of documents and things and physical and mental examinations.

The prior Rule contained no provision for expenses and counsel fees in these situations except in subdivision (b), the case where a witness refused to be sworn or to answer.

Fed. R.Civ.P. 37(a)(4) provides that, if a party is successful in obtaining an order of compliance, the court shall, at the same time and without waiting to see if the order of compliance is obeyed, award expenses including counsel fees unless the failure, refusal or objection of the offending party is found to be substantially justified. Conversely, the court shall impose counsel fees against the parties unsuccessful in seeking a compliance order unless their conduct was substantially justified. If the motion is granted in part and refused in part, the court could in its discretion apportion expenses in a just manner.

The amendment suggest a new approach. It refers generally to ‘‘refusal, objection or failure of a party or person to comply with any provision of this chapter’’ which could hardly be more all-inclusive. However, it preserves the special provisions of subdivisions (d), (e), (f) and (h) by the phrase ‘‘except as otherwise provided in these rules.’’ As to those situations not covered by subdivisions (d), (e), (f) and (h), it requires a ‘‘two step’’ procedure rather than the ‘‘single step’’ procedure of the Federal Rule.

The first step under subdivision (g)(1) is a motion to compel compliance. If, after a hearing, the motion is granted and depositions or discovery are ordered and the party against whom it is directed complies, that is the end of the matter as far as expenses and counsel fees are concerned. There can be no award of expenses and fees. If the order to comply is not obeyed, the aggrieved party may file a new motion to impose sanctions. The court, at this ‘‘second step’’ of the proceedings, may award expenses and counsel fees for either or both steps depending upon how the court views the conduct of the defaulting party and his counsel. The Rule permits the court to decline any award if the court finds that the opposition to the motion was substantially justified or that other circumstances make an award unjust. Similarly, if the second step procedure is unsuccessful and no award is made, subdivision (g)(2) authorizes the court to impose expenses including counsel fees on the moving party unless the court finds that the making of the second step motion was substantially justified or that other circumstances make an award of expenses unjust. Finally, subdivision (g)(3) permits the court to apportion expenses among the parties if the motion for sanctions is granted in part and denied in part.

An order of compliance entered in the first step of the proceedings, which is not obeyed, will ordinarily supply substantial justification for the second step procedure requesting sanctions including expenses and counsel fees. There may be exceptional circumstances where the second step will fail. For example, there may be a failure to notify the respondent and the failure to comply may have resulted from no knowledge of the order. Or, the order of compliance may have directed the respondent to do something which the Rules do not permit or which was beyond the jurisdiction of the court.

Reference is made in the commentary to Rule 4003 of a possible ambiguity in the availability of sanctions under the prior Rule for failure of a party to appear for a deposition taken on a petition, motion or rule. Any such ambiguity will be removed by the all-inclusive language of subdivision (g)(1).

The amendment authorizes the court, if it grants the motion for sanctions, to impose the payment of the expenses on the guilty party or deponent or on the attorney who advised the conduct or on both. If the motion for sanctions is refused, the court is authorized to impose the expenses on the moving party or on the attorney who advised the filing of the motion or on both.

These are powerful disciplinary tools, if the courts will use them. The placing of the burden to escape the expenses and counsel fees on the shoulders of the losing party, plus the new provision for imposing the sanction on the attorney, will hopefully assure compliance with the Discovery Rules and a minimum of sanction proceedings.

Subdivision (h) adds a new provision for expenses and counsel fees not expressly found in the Federal Rule. It provides that if the filing of a motion or application is in bad faith or for the purpose of delay, the court may impose on the party making the motion reasonable costs, including attorney’s fees, incurred by the opposing party by reason of such delay or bad faith. The party on whom such costs have been imposed may take no further steps in the action without leave of court so long as the costs remain unpaid and may not recover such cost if ultimately successful in the action. The language of this Rule has been adapted from Rule 217 governing the imposition of costs in connection with continuances.

Independent of the above provisions, Rule 4008 provides that, as to oral depositions to be taken more than 100 miles from the courthouse, expenses including counsel fees may be imposed in the discretion of the court. This is of course not a sanction provision.

Subdivision (i) adds a new provision for sanctions for failure to identify witnesses as to whom discovery has been sought. A witness whose identity has not been revealed as provided by the Rules will not be permitted to testify at trial. If the failure to disclose his identity was the result of extenuating circumstances beyond the control of the defaulting party, the court may grant a continuance or other appropriate relief.

Subdivision (j) is former subdivision (g) with only a minor stylistic change. It forbids the imposition of expenses and counsel fees on the Commonwealth.

The amendment does not compel a party who has identified a witness under Rule 4003.1 as having ‘‘knowledge of discoverable matter’’ to call the witness at the trial. Nor, except as to the disclosure under Rule 4003.5(b) of the identity of experts expected to be called at trial, is a party required to present a ‘‘witness list’’ of those he intends to call at trial. Nor can an opponent claim surprise if an identified witness is not called on the ground that this tactic deprives him of the opportunity for cross-examination. He could have taken his deposition before trial.

The Rule does not deal specifically with the difficult problem of rebuttal witnesses. A plaintiff may not identify persons who can testify to rebut a particular defense because the defendant’s pleadings and discovery do not clearly identify that defense. If the defendant introduces this defense at the trial, should the court exclude the plaintiff’s rebuttal witness, on the ground that he did not ‘‘identify’’ this witness? A skilled plaintiff can avoid this danger by careful discovery from the defendant, which will force a disclosure of all the defenses.

The problem, of course, can arise only if the defendant has asked the plaintiff to identify all persons ‘‘having knowledge,’’ and the plaintiff has done so.

The provisions of this Rule 4019 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506. Immediately preceding text appears at serial pages (255417) to (255420) and (271799) to (271800).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4020 Use of Depositions at Trial.

(a) At the trial, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had notice thereof if required, in accordance with any one of the following provisions:

(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of a deponent as a witness, or as permitted by the Pennsylvania Rules of Evidence.

(2) The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a party or a person designated under Rule 4004(a)(2) or 4007.1(e) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party, may be used by an adverse party for any purpose.

(3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds

(a) that the witness is dead, or

(b) that the witness is at a greater distance than one hundred miles from the place of trial or is outside the Commonwealth, unless it appears that the absence of the witness was procured by the party offering the deposition, or that the witness is unable to attend or testify because of age, sickness, infirmity or imprisonment, or that the party offering the deposition has been unable to procure the attendance of the witness by subpoena, or upon application and notice that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.

(4) If only part of a deposition is offered in evidence by a party, any other party may require the offering party to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

Official Note:

See the Pennsylvania Rules of Evidence for a broader statement of this rule.

(5) A deposition upon oral examination of a medical witness, other than a party, may be used at trial for any purpose whether or not the witness is available to testify.

(b) Substitution of parties does not affect the right to use depositions previously taken; and, when an action has been dismissed and another action involving the same subject is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken in the former action may be used in the latter as if originally taken therein. A deposition previously taken may also be used as permitted by the Pennsylvania Rules of Evidence.

(c) Subject to the provisions of Rule 4016(b), objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

(d) A party shall not be deemed to make a person his or her own witness for any purpose by taking the person’s deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use of an adverse party of a deposition as described in subdivision (a)(2) of this rule. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by that party or by any other party.

Except for minor stylistic amendments this Rule remains unchanged, except for a new subdivision (a)(5) permitting the use at trial of a deposition upon oral examination of a medical witness, other than a party, whether or not the witness is available to testify.

The rising costs of obtaining the testimony at trial of medical experts and the inconvenience which may be caused to the medical witness and to his patients, have suggested relaxation of the requirement that a medical witness who is available to testify must be produced at trial. The witness may have to appear a total of three times, first, at a deposition, second, at a compulsory arbitration hearing and third, at trial in the Common Pleas Court.

Videotape Rule 4017.1(g) recognizes this hardship by permitting use at trial of the videotape deposition of a medical witness even if he is available to appear. Rule 1809(b) similarly provides that on a de novo appeal to the Common Pleas Court from a Health Care Arbitration Panel the deposition of any medical witness offered during arbitration shall be admissible whether or not the witness is available at trial on the appeal.

In fact, these two Rules go beyond the medical witness and give the same privilege to any ‘‘other’’ expert witness.

To the contrary, subdivision (a)(5) is limited to medical witnesses.

The Committee was concerned about the effect of the inclusion of ‘‘other experts’’ in this Rule which permits a deposition to be read at a trial in lieu of the appearance of a witness who is available to appear.

The videotape situation is different. Here the jury or the court will see the witness and can observe his demeanor. Although there may be a reduction in the size of the image and the reproduction may not be perfect, it is a far cry from having someone read from a stenographic transcript the words of an absent person.

The Health Care Services cases are also different. These are by definition medical malpractice cases. Here the issues are basically medical and majority of expert witnesses will be medical witnesses. Sometimes there will be issues which will need a non-medical expert witness, but these issues will necessarily be subordinate to the essential medical character of the trial. For example, an issue might be the construction and operating efficiency of a piece of hospital equipment or the purity of a drug which was administered.

It is obvious that Rule 4020 is different from Rules 4017.1 and 1809(b). This Rule covers every kind of action at law or in equity. The types of experts and the nature of their testimony will be almost unlimited. These experts will have no ‘‘personal’’ problems like the physician, whose problems have been the justification for special treatment. The ‘‘other experts’’ may talk about real estate values, actuarial formulas, exploding bottles, concrete construction, security values, fire alarm systems, defective steering assemblies, false signatures, urban planning, defective heating systems, ballistics and the endless list of topics which can be the focus of expertise in litigation.

If these manifold experts do not appear on videotape, what special reason is there for the jury never to see them, if they are available to appear at the trial?

The provisions of this Rule 4020 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended November 28, 2000, effective January 1, 2001, 30 Pa.B. 6425. Immediately preceding text appears at serial pages (255422) to (255424).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4023 Acts of Assembly Not Suspended.

The following Acts of Assembly shall not be deemed suspended or affected:

(a) 42 Pa.C.S. § 5325, relating to when and how a deposition may be taken outside the Commonwealth.

(b) Any Act of Assembly relating to shareholder actions for the inspection of corporate records pursuant to 15 Pa.C.S. § 1508, the examination of persons and production of documents and tangible things at a hearing or trial in proceedings upon insolvency pursuant to 39 P.S. § 252, election contests pursuant to 25 P.S. § 3465, or appeals from registration commissions pursuant to 25 Pa.C.S. § 1603.

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

The statutes preserved or suspended by the above rules have been repealed by the Judiciary Act Repealer Act, effective June 27, 1978. The rules have been devised to reflect those repeals.

The note to paragraph (3) of Rule 4023 has been revised by deleting the reference to the repealed Act of May 5, 1933, P.L. 364, as amended, 15 P.S. § 1308 and substituting the reference to the successor provision, Section 1508 of the Associations Code, 15 Pa.C.S. § 1508.

The provisions of this Rule 4023 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227; amended January 8, 2025, effective immediately, 55 Pa.B. 661. Immediately preceding text appears at serial pages (301358) and (255425).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4024 Effective Date. Pending Actions.

The amendments promulgated November 20, 1978, effective April 15, 1979, shall apply to all actions pending on April 15, 1979.

The provisions of this Rule 4024 rescinded November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551, readopted December 14, 1979, effective January 5, 1980, 10 Pa.B. 34, amended January 4, 1980, effective January 5, 1980, 10 Pa.B. 215. Immediately preceding text appears at serial page (40176).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

231 Pa. Code Rule 4025 Abolition of Practice and Procedure under Repealed Statutes.

The practice and procedure provided in all former Acts of Assembly governing depositions and discovery, which have been repealed by the Judiciary Act Repealer Act (JARA), act of April 28, 1978, No. 53 and which are now part of the common law of the Commonwealth by virtue of Section 3(b) of JARA, are hereby abolished and shall not continue as part of the common law of the Commonwealth.

The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

History

Source: The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227. Immediately preceding text appears at serial page (134437).

Part II ORPHANS’ COURT RULES

Chapter 8006 [Reserved]

231 Pa. Code Rule 6.5 [Repealed].

The provisions of this Rule 6.5 repealed April 30, 1992, effective immediately, 22 Pa.B. 2678. Immediately preceding text appears at serial page (87380).

History

Source: The provisions of this Chapter VI reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098, unless otherwise noted.

Chapter 8014 GUARDIANSHIPS OF INCAPACITATED PERSONS

231 Pa. Code Rule 14.1 [Rescinded].

(a) Proceedings for Adjudication of Incapacity and Appointment of a Guardian. The following petition practice and pleading requirements set forth in Chapter III (Petition Practice and Pleading) shall be applicable to proceedings for the adjudication of incapacity and appointment of a guardian:

(1) Rule 3.2 (Headings; Captions);

(2) Rule 3.3 (Contents of All Petitions; General and Specific Averments);

(3) Rule 3.12 (Signing);

(4) Rule 3.13 (Verification); and

(5) Rule 3.14 (Amendment).

(b) Responsive Pleadings to a Petition for Adjudication of Incapacity and Appointment of a Guardian Filed Pursuant to Rule 14.2.

(1) Permitted responsive pleadings to a petition seeking the adjudication of incapacity and appointment of a guardian are limited to those identified in Rule 3.6 (Pleadings Allowed After Petition) and shall be subject to Rules 3.10 (Denials; Effect of Failure to Deny) and 3.11 (Answer with New Matter).

(2) The alleged incapacitated person and any person or institution served pursuant to Rule 14.2(f)(2) may file a responsive pleading.

(3) Any responsive pleading shall be filed with the clerk and served pursuant to Rule 4.3 (Service of Legal Paper Other than Citations or Notices) on all others entitled to file a responsive pleading pursuant to subparagraph (b)(2).

(4) All responsive pleadings shall be filed and served no later than five days prior to the hearing. The failure to file or timely file and serve a responsive pleading does not waive the right to raise an objection at the hearing.

(5) The court shall determine any objections at the adjudicatory hearing.

(c) All Other Petitions for Relief. Unless otherwise provided by Rule in this Chapter, the petition practice and pleading requirements set forth in Chapter III shall be applicable to any proceeding under these Rules other than a petition seeking the adjudication of incapacity and appointment of a guardian. ‘‘Interested party’’ as used in Chapter III shall include all those entitled to service pursuant to Rule 14.2(f).

(d) Intervention. A petition to intervene shall set forth the ground on which intervention is sought and a statement of the issue of law or question of fact the petitioner seeks to raise. The petitioner shall attach to the petition a copy of any pleading that the petitioner will file if permitted to intervene. A copy of the petition shall be served pursuant on all those entitled to service pursuant to Rule 14.2(f).

This Rule is intended to specify the provisions and procedures of Chapter III that are applicable to proceedings under Chapter XIV. In proceedings for the adjudication of incapacity and appointment of a guardian, responsive pleadings are permitted as a means of identifying contested legal issues and questions of fact prior to the adjudicatory hearing. However, given the abbreviated time for filing a responsive pleading relative to other proceedings (Compare Pa. O.C. Rule 3.7(a)), the failure to file a responsive pleading should not operate to prelude an issue or objection from being raised and considered at the hearing. Such pleadings should not be filed as a means of delaying the hearing on the merits of the petition.

The practice for other petitions is to follow the requirements of Chapter III. Nothing in this Rule is intended to prevent relief being sought on an expedited basis, provided the petitioner or respondent is able to establish circumstances to the satisfaction of the court warranting disregard of procedural requirements. See Pa. O.C. Rule 1.2(a).

The provisions of this Rule 14.1 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524.

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.2 [Rescinded].

(a) Petition Contents. A petition to adjudicate an individual as an incapacitated person and appoint a guardian shall state in plain language:

(1) Name, age, address, and mailing address, if different, of the petitioner and the petitioner’s relationship to the alleged incapacitated person;

(2) Name, date of birth, residence, and mailing address, if different, of the alleged incapacitated person;

(3) Names and addresses of the spouse, parents, and presumptive intestate heirs of the alleged incapacitated person and whether they are sui juris or non sui juris;

(4) Name and address of the person or institution providing residential services to the alleged incapacitated person;

(5) Names and addresses of other service providers and nature of services being provided;

(6) Whether there is an executed health care power of attorney or advance health care directive pursuant to Title 20, Chapter 54, and if so, the name and address of the person designated in the writing to act as the agent;

(7) Whether there is an executed power of attorney pursuant to Title 20, Chapter 56, and if so, the name and address of the person designated in the writing to act as the agent;

(8) Whether there is any other writing by the alleged incapacitated person pursuant to Title 20, Chapters 54 or 58 authorizing another to act on behalf of the alleged incapacitated person, and if so, the name and address of the person designated;

(9) Whether the alleged incapacitated person is represented by counsel and, if so, the name and address of counsel;

(10) Reason(s) why guardianship is sought, including a description of functional limitations and the physical and mental condition of the alleged incapacitated person;

(11) If not plenary, then specific areas of incapacity over which it is requested that the guardian be assigned powers;

(12) The probability of whether the physical condition and mental condition of the alleged incapacitated person will improve;

(13) Whether there has been a prior incapacity hearing concerning the alleged incapacitated person, and if so, the name of the court, the date of the hearing, and the determination of capacity;

(14) What less restrictive alternatives to a guardianship were considered or tried, and why the alternatives are unavailable or insufficient;

(15) If a guardian of the estate is sought:

(i) the gross value of the estate and net income from all sources, to the extent known; and

(ii) whether there is a prepaid burial account, to the extent known;

(16) Whether the alleged incapacitated person is a veteran of the United States Armed Services or the spouse or dependent of a veteran of the United States Armed Services, and whether the alleged incapacitated person is receiving benefits from the United States Department of Veterans Affairs on behalf of himself or herself or through another person, including a spouse; and

(17) Name and address, if available, of any person that the petitioner proposes should receive notice of the filing of guardianship reports pursuant to Pa.R.O.C.P. 14.8(b), which may include any person identified in subdivisions (a)(3)—(a)(9).

(b) Nomination of Guardian. The petition shall also include:

(1) The name, address, and mailing address, if different, of the proposed guardian whom the petitioner nominates to be appointed guardian and the nominee’s relationship, if any, to the alleged incapacitated person. If the proposed guardian is an entity, then the name of the person or persons to have direct responsibility for the alleged incapacitated person and the name of the principal of the entity;

(2) Whether the proposed guardian has any adverse interest to the alleged incapacitated person;

(3) Whether the proposed guardian is available and able to visit or confer with the alleged incapacitated person;

(4) Whether the proposed guardian has completed any guardianship training, including the name of the training program, length of the training, and date of completion;

(5) Whether the proposed guardian has any guardianship certification, the current status of the certification, and any disciplinary action related to the certification;

(6) Whether the proposed guardian is, was, or seeks to be a guardian in any other matters and, if so, the number of active matters and the judicial districts where the active matters were filed;

(7) If the proposed guardian is an individual seeking to serve in a third active guardianship and is not currently certified by a national certification organization as defined in 20 Pa.C.S. § 5511(f)(2)(ii)(B)(III), then how the proposed guardian intends to satisfy the certification requirement prescribed in Pa.R.O.C.P. 14.6(c); and

(8) If the petition nominates a different proposed guardian of the estate from the proposed guardian of the person, then the information required in subdivisions (b)(1)—(b)(7) as to each nominee.

(1) All writings referenced in subdivisions (a)(6)—(a)(8), if available;

(2) The certified response to a Pennsylvania State Police criminal record check, with Social Security Number redacted, for each proposed guardian issued within six months of the filing of the petition;

(i) If any proposed guardian has resided outside the Commonwealth within the previous five-year period and was 18 years of age or older at any time during that period, then the petition shall include a criminal record check obtained from the statewide database, or its equivalent, in each state in which such proposed guardian has resided within the previous five-year period.

(ii) If any proposed guardian is an entity, the person or persons to have direct responsibility for the alleged incapacitated person and the principal of the entity shall comply with the requirements of subdivision (c)(2).

(3) Any proposed orders as required by Pa.R.O.C.P. 3.4(b);

(4) Any consent or acknowledgement of a proposed guardian to serve; and

(5) Certification. If the proposed guardian is an individual required to be certified pursuant to 20 Pa.C.S. § 5511(f)(2) because he or she is seeking appointment to a third active guardianship, then either:

(i) proof of a currently valid national certification pursuant to Pa.R.O.C.P. 14.6(c)(2); or

(ii) a concurrent petition for waiver of the certification requirement pursuant to Pa.R.O.C.P. 14.6(c)(3) accompanied by written proof of equivalent licenses or certifications to ensure the capability of the proposed guardian.

(d) Emergency Guardian. A petition seeking the appointment of an emergency guardian shall aver with specificity the facts giving rise to the emergent circumstances and why the failure to make such an appointment will result in irreparable harm to the person or estate of the alleged incapacitated person.

(e) Separate Petitions. Separate petitions shall be filed for each alleged incapacitated person.

(f) Citation with Notice. A citation with notice using the form provided in the Appendix to these rules shall be attached to and served with the petition and any preliminary order as follows:

(1) By personal service upon the alleged incapacitated person no less than 20 days prior to the hearing. Additionally, the content and terms of the petition shall be explained to the maximum extent possible in language and terms the alleged incapacitated person is most likely to understand.

(2) In a manner permitted by Pa.R.O.C.P. 4.3 no less than 20 days prior to the hearing upon:

(i) All persons sui juris who would be entitled to an intestate share in the estate of the alleged incapacitated person;

(ii) The person or institution providing residential services to the alleged incapacitated person;

(iii) Any person named in subdivisions (a)(6)—(a)(9); and

(iv) Such other entities and persons as the court may direct, including service providers.

(3) For a petition seeking the appointment of an emergency guardian, the court may direct the manner of service as emergent circumstances warrant. Thereafter, notice shall be served in accordance with Pa.R.O.C.P. 14.2(f)(2).

See 20 Pa.C.S. § § 5421 et seq. for health care power of attorney and advance health care directive, which includes a combination of a living will and a health care power of attorney. See 20 Pa.C.S. § § 5601 et seq. for power of attorney. See 20 Pa.C.S. § § 5441—5447 for Living Will Act; 20 Pa.C.S. § § 5451—5465 for Health Care Agents and Representatives Act; 20 Pa.C.S. § § 5821—5826 for Advance Directive for Mental Health Act; 20 Pa.C.S. § § 5831—5845 for Mental Health Care Agents Act.

See 20 Pa.C.S. § 5511(a.1)(1) pertaining to the petitioner’s obligation to inform the court if the petitioner learns the alleged incapacitated person is represented by counsel.

As used in subdivision (a)(14), less restrictive alternatives to a guardianship include, but are not limited to, an advance directive, such as a durable power of attorney or trust, a living will, a health care power of attorney, a health care representative, a financial power of attorney, trusts, including special needs trusts, representative payees for individuals receiving Social Security benefits, and mental health advance directives. See 20 Pa.C.S. § 5512.1(a)(3).

Petitioner’s counsel should consider the Rules of Professional Conduct pertaining to confidentiality and conflicts if he or she has consulted with the alleged incapacitated person regarding the less restrictive alternatives to guardianship set forth in 20 Pa.C.S. § 5512.1(a)(3). See Pa.R.P.C. 1.6 and 1.7; see also Pa.R.P.C. 1.14.

Concerning the requirement of a criminal record check set forth in subdivision (c)(2), the Pennsylvania State Police has created the Pennsylvania Access to Criminal History (‘‘PATCH’’) System to enable the public to obtain criminal history record checks via Internet request. For information on requesting a criminal record check from the Pennsylvania State Police, see https://epatch.pa.gov/home. The certified response from the Pennsylvania State Police criminal history record check need not be notarized to comply with the requirements of this rule. Any response other than ‘‘no record’’ may require supplementation at the discretion of the court.

An individual seeking appointment to a third active guardianship must be certified pursuant to Pa.R.O.C.P. 14.6(c) prior to the third guardianship appointment. See also 20 Pa.C.S. § 5511(f).

Limitations on emergency guardianships are prescribed by statute. See 20 Pa.C.S. § 5513.

For notice to the United States Department of Veterans Affairs, see 20 Pa.C.S. § 8411.

The provisions of this Rule 14.2 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396085) to (396088).

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.3 Alternative Proof of Incapacity: Expert Report in Lieu of In-Person or Depo- sition Testimony of Expert.

(a) A petitioner may seek to offer into evidence an expert report for the determination of incapacity in lieu of testimony, in-person or by deposition, of an expert using the form provided in the Appendix to these rules. In an emergency guardianship proceeding, an expert report may be offered into evidence if specifically authorized by the court.

(b) Notice.

(1) If a petitioner seeks to offer an expert report permitted under subdivision (a), the petitioner shall serve a copy of the completed report upon the alleged incapacitated person’s counsel and all other counsel of record pursuant to Pa.R.O.C.P. 4.3 no later than ten days prior to the hearing on the petition.

(2) If a petitioner seeks to offer an expert report, as permitted under subdivision (a), the petitioner shall serve pursuant to Pa.R.O.C.P. 4.3 a notice of that fact upon those entitled to notice of the petition and hearing no later than ten days prior to the hearing on the petition.

(3) The petitioner shall file a certificate of service with the court as to subdivisions (b)(1) and (b)(2).

(1) Within five days of service of the completed report provided in subdivision (b)(1), the alleged incapacitated person’s counsel may file with the court and serve upon the petitioner pursuant to Pa.R.O.C.P. 4.3 a demand for the testimony of the expert.

(2) If a demand for testimony is filed and served as provided herein, then the expert report may not be admitted and an expert must provide testimony at the hearing, whether in-person or by deposition.

(d) Unless otherwise demanded pursuant to subdivision (c)(2), in the sole discretion of the court, incapacity may be established through the admission of an expert report prepared in compliance with the form provided in the Appendix to these rules. The expert must be qualified by training and experience in evaluating individuals with incapacities of the type alleged in the petition. The expert must sign, date, and verify the completed expert report.

(e) In the interest of justice, the court may excuse the notice and demand requirements set forth in subdivisions (b) and (c).

This rule is intended to permit the alleged incapacitated person to exercise the right to cross-examine testimony as to the capacity of the alleged incapacitated person. See 20 Pa.C.S. § 5518.1. Permitting the use of an expert report in compliance with this rule replaces the requirement of testimony, in-person or by deposition, of an expert. See 20 Pa.C.S. § 5518. ‘‘Deposition,’’ as used in this rule, is intended to be a deposition conducted in accordance with the Pennsylvania Rules of Civil Procedure. The rule is permissive; whether an expert report is admitted in lieu of testimony is in the sole discretion of the court. Nothing in this rule is intended to preclude the court from requiring testimony from the expert or otherwise requiring supplementation.

The provisions of this Rule 14.3 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396089) to (396090).

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.4 Counsel.

(a) Retention of Counsel.

(1) Except as provided in subdivision (a)(3) and if not set forth in the petition filed pursuant to Pa.R.O.C.P. 14.2 or 14.9(c), the petitioner shall file a written notice with the court containing the name and contact information of retained counsel as soon as the petitioner becomes aware that the alleged incapacitated person has retained counsel.

(2) The notice shall include the name and contact information of retained counsel.

(3) If retained counsel has filed an entry of appearance pursuant to Pa.R.O.C.P. 1.7(a), the petitioner is not required to file the notice in subdivision (a)(1).

(b) Private Counsel. If the alleged incapacitated person has retained private counsel, counsel shall prepare a comprehensive engagement letter for the alleged incapacitated person to sign, setting forth when and how counsel was retained, the scope of counsel’s services, whether those services include pursuing any appeal, if necessary, how counsel will bill for legal services and costs and the hourly rate, if applicable, who will be the party considered responsible for payment, whether any retainer is required, and if so, the amount of the retainer. Counsel shall provide a copy of the signed engagement letter to the court upon request.

(1) Generally. If the alleged incapacitated person has not retained counsel, the court shall appoint counsel to represent the alleged incapacitated person in any matter initiated by a petition filed pursuant to Pa.R.O.C.P. 14.2 and in any proceeding to review, modify, or terminate a guardianship. The appointment required by this subdivision shall be made without regard to the ability of the alleged incapacitated person to pay.

(2) Qualifications of Appointed Counsel. Prior to appointing counsel to represent an alleged incapacitated person, the court shall inquire as to the experience and training of counsel to ensure adequate representation of the alleged incapacitated person.

(3) Initial Meeting; Certification by Counsel.

(i) Appointed counsel shall meet with the alleged incapacitated person as soon as reasonably possible after the appointment.

(ii) Within five days of the initial meeting between appointed counsel and the alleged incapacitated person, appointed counsel shall file a certification with the court setting forth the time and place of the meeting.

(d) Other Counsel. Counsel for any other party shall enter an appearance in accordance with Pa.R.O.C.P. 1.7(a).

Reasonable counsel fees, when appropriate, should be paid from the estate of the alleged incapacitated person whenever possible. If the alleged incapacitated person is unable to pay for counsel, then the court may order counsel fees and costs to be paid by the county. See 20 Pa.C.S. § 5511(c). Any fee dispute should be resolved in a timely and efficient manner to preserve resources in order to maintain the best possible quality of life for the incapacitated person.

An order adjudicating incapacity and appointing a guardian will identify the scope of representation of court-appointed counsel. See Pa.R.O.C.P. 14.7(a)(1)(v).

See Pa.R.P.C. 1.14 pertaining to the responsibilities of counsel to a client with diminished capacity.

The provisions of this Rule 14.4 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial page (396090).

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.5 Waiver or Modification of Bond.

The provisions of this Rule 14.5 adopted June 12, 1995, effective August 5, 1995, 25 Pa.B. 2594; amended June 29, 2001, effective July 1, 2001, 31 Pa.B. 3872; amended October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098; reserved June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524. Immediately preceding text appears at serial page (392704).

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.6 Determination of Incapacity and the Need for Guardianship; Selection of Guardian; Certification of Certain Guardians.

(a) Determination of Incapacity. The procedure for determining incapacity and for appointment of a guardian shall meet all requirements set forth at 20 Pa.C.S. § § 5511, 5512, and 5512.1. In addition, the petitioner shall present the citation and proof of service at the hearing.

(b) Selection of Guardian. If guardianship services are needed, then the court shall appoint the person nominated as such in a power of attorney, a health care power of attorney, an advance health care directive, a mental health care declaration, or mental health power of attorney, except for good cause shown or disqualification. Otherwise, the court shall consider the eligibility of one or more persons to serve as guardian in the following order:

(1) Guardian of the Person:

(i) The guardian of the estate;

(ii) The spouse, unless estranged or an action for divorce is pending;

(iii) An adult child;

(iv) A parent;

(v) The nominee of a deceased or living parent of an unmarried alleged incapacitated person;

(vi) An adult sibling;

(vii) An adult grandchild;

(viii) Other adult family member;

(ix) An adult who has knowledge of the alleged incapacitated person’s preferences and values, including, but not limited to religious and moral beliefs, and would be able to assess how the alleged incapacitated person would make decisions; or

(x) Other qualified proposed guardian, including an entity as provided in 20 Pa.C.S. § 5511(f)(1).

(2) Guardian of the Estate. If the estate of the incapacitated person consists of minimal assets or the proposed guardian possesses the skills and experience necessary to manage the finances of the estate:

(i) The guardian of the person;

(ii) The spouse unless estranged or an action for divorce is pending;

(iii) An adult child;

(iv) A parent;

(v) The nominee of a deceased or living parent of an unmarried alleged incapacitated person;

(vi) An adult sibling;

(vii) An adult grandchild;

(viii) Other adult family member;

(x) If no individual listed in subdivisions (b)(2)(i)—(b)(2)(ix) possesses the skills and experience necessary to manage the finances of the estate, then the guardian of the estate may be any qualified proposed guardian, including an entity as provided in 20 Pa.C.S. § 5511(f)(1).

(1) Generally. An individual shall be certified or receive waiver of certification pursuant to this subdivision prior to appointment to a third active guardianship.

(2) Certification by a National Organization.

(i) An individual seeking to serve as a guardian in a third active guardianship shall satisfy the certification requirement in 20 Pa.C.S. § 5511(f)(2) by being certified by a national nonprofit organization that provides a comprehensive certification program for guardians that:

(A) requires submission of education and employment history;

(B) requires submission of Federal and State criminal history record information;

(D) administers and monitors a compliance and decertification process for certified guardians.

(ii) Continuing duty. A guardian certified by a national organization defined in subdivision (c)(2)(i) shall:

(A) maintain the certification in good standing; and

(B) file with the court:

(I) proof of recertification prior to the expiration date of the current certification; and

(II) written notice of any certification lapse, suspension, termination, or disciplinary action within seven days of such action.

(3) Petition for Waiver of Certification.

(i) Generally.

(A) The certification required by subdivision (c)(2) may be waived by the court in an individual court case following the grant of a petition demonstrating that a proposed guardian has such equivalent licenses or certifications as are necessary to ensure that the proposed guardian is capable of fully, faithfully, and competently performing the obligations of a guardian.

(B) The equivalent licenses or certifications shall be relevant to the form of guardianship sought in the petition.

(C) The petition shall include an averment identifying each judicial district where he or she has been granted a certification waiver and the number of active waivers.

(ii) Prohibition. A license to practice law alone is not an equivalent license or certification for purposes of subdivision (c)(3)(i).

The procedure for determining incapacity and for appointment of a guardian includes, among other things, the consideration of and factual findings as to the insufficiency of supports and less restrictive alternatives to guardianship. See 20 Pa.C.S. § 5512.1(a)(3); see also In re Peery, 727 A.2d 539 (Pa. 1999) (holding a person does not require a guardian if there is no need for guardianship services). Less restrictive alternatives include, but are not limited to, an advance directive, such as a durable power of attorney or trust, a living will, a health care power of attorney, a health care representative, a financial power of attorney, trusts, including special needs trusts, representative payees for individuals receiving Social Security benefits, and mental health advance directives. See 20 Pa.C.S. § 5512.1(a)(3). The findings of fact required by § 5512.1(a)(3) are not publicly available unless included in the order adjudicating a person as incapacitated. See Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, § 9.0B, 204 Pa. Code § 213.81.

If the alleged incapacitated person has requested a jury trial pursuant to 20 Pa.C.S. § 777(b), then the findings of fact required by 20 Pa.C.S. § 5512.1(a) shall be made by the jury.

If a principal nominates a guardian pursuant to a power of attorney, a health care power of attorney, an advance health care directive, which includes a combination of a living will and a health care power of attorney, a mental health care declaration, or mental health power of attorney, then the court must appoint that person as guardian except for good cause or disqualification. See 20 Pa.C.S. § 5604(c)(2) (power of attorney); 20 Pa.C.S. § 5460(b) (health care power of attorney); 20 Pa.C.S. § 5422 (defining ‘‘advance health care directive’’); 20 Pa.C.S. § 5823 (mental health declaration); 20 Pa.C.S. § 5841(c) (mental health power of attorney); see also 20 Pa.C.S. § 5511(f) (who may be appointed guardian).

For guardianship certification and waiver pursuant to subdivision (c), see 20 Pa.C.S. § 5511(f). The Center for Guardianship Certification is an example of an organization that meets the criteria of § 5511(f).

See Pa.R.O.C.P. 14.2(c)(5) pertaining to exhibits to the petition for appointment of guardian to demonstrate compliance with subdivision (c) and 20 Pa.C.S. § 5511(f).

Examples of relevant licenses or certifications for a proposed guardian of the person may include, but are not limited to, health care, nursing, social work, psychology, or care management. Examples of relevant licenses or certifications for a proposed guardian of the estate may include, but are not limited to, accounting, financial management, or retirement income planning.

A license to practice law alone is not an equivalent license or certification for purposes of seeking waiver of certification. 20 Pa.C.S. § 5511(f)(3).

The provisions of this Rule 14.6 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396091) to (396092).

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.7 Order and Certificate.

(a) Order Adjudicating Incapacity and Appointing Guardian.

(1) An order adjudicating incapacity and appointing a guardian shall address:

(i) the type of guardianship being ordered and any limits, if applicable;

(ii) the continued effectiveness of any previously executed powers of attorney or health care powers of attorney and the authority of such agent to act under the document;

(iii) the necessity of filing reports pursuant to Pa.R.O.C.P. 14.8(a);

(iv) the person or persons entitled to receive notice of the filing of such reports, pursuant to Pa.R.O.C.P. 14.8(b); and

(v) the continued scope of representation of court-appointed counsel.

(2) An order adjudicating incapacity and appointing a guardian shall contain a provision substantially in the following form:

[Incapacitated person] is hereby notified of the right to seek reconsideration of this Order pursuant to Pa.R.O.C.P. 8.2 and the right to appeal this Order within 30 days from the date of this Order by filing a Notice of Appeal with the Clerk of the Orphans’ Court. [Incapacitated person] may also petition the court at any time to review, modify, or terminate the guardianship due to a change in circumstances. [Incapacitated person] has a right to be represented by counsel to file a motion for reconsideration, an appeal, or to seek modification or termination of this guardianship. If he or she is unrepresented, the court will appoint counsel to represent [incapacitated person]. The court may order that the representation is free of charge if it is determined that [incapacitated person] cannot afford to pay for counsel.

(3) Scheduled Review Hearing. If the court finds that evidence presented during the guardianship proceeding indicates that the circumstances of the incapacitated person’s incapacity may change, the order shall include the date for a review hearing no later than one year from the date of the order establishing the guardianship.

(b) Order Adjudicating Incapacity and Appointing Guardian of Estate.

(1) In addition to the requirements set forth in subdivision (a)(1), an order adjudicating incapacity and appointing a guardian of the estate shall address:

(i) whether a bond is required and when the bond is to be filed; and

(ii) whether the guardian can spend principal without prior court approval.

(2) In addition to the requirement set forth in subdivision (a)(2), an order adjudicating incapacity and appointing a guardian of the estate shall contain a provision reflecting the authority of the guardian:

(i) Plenary Guardian. An order appointing a plenary guardian shall contain a provision in substantially the following form:

All financial institutions, including without limitation, banks, savings and loans, credit unions, and brokerages, shall grant to the guardian of [incapacitated person]’s estate access to any and all assets, records, and accounts maintained for the benefit of [incapacitated person], and the guardian of [incapacitated person]’s estate shall be entitled to transfer, retitle, withdraw, or otherwise exercise dominion and control over any and all said assets, records, and accounts. The failure of any financial institution to honor this order may lead to contempt proceedings and the imposition of sanctions.

(ii) Limited Guardian. An order appointing a limited guardian shall specify the portion of assets or income over which the guardian of the estate is assigned powers and duties.

(1) Certificate of Plenary Guardianship of Estate. Upon the request of the plenary guardian of the estate, the clerk shall issue a certificate substantially in the following form:

I CERTIFY that on

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.8 Guardianship Reporting, Monitoring, Review, and Compliance.

(a) Reporting. A guardian shall file the following reports with the clerk:

(1) An inventory by the guardian of the estate within 90 days of such guardian’s appointment;

(2) An annual report by the guardian of the estate of an incapacitated person one year after appointment and annually thereafter;

(3) An annual report by the guardian of the person one year after appointment and annually thereafter;

(4) A final report by the guardian of the person and the guardian of the estate within 60 days of the death of the incapacitated person, an adjudication of capacity, a change of guardian, or the expiration of an order of limited duration; and

(5) A final report from the guardian of the person and the guardian of the estate upon receipt of the provisional order from another state’s court accepting transfer of a guardianship.

(b) Notice of Filing. If, pursuant to Pa.R.O.C.P. 14.7(a)(1)(iv), the order appointing the guardian identifies the person or persons entitled to receive notice of the filing of any report set forth in subdivision (a), the guardian shall serve a notice of filing within ten days after filing a report using the form provided in the Appendix to these Rules. Service shall be in accordance with Pa.R.O.C.P. 4.3.

(d) Monitoring. The clerk or the court’s designee shall monitor the guardianship docket to confirm the guardian’s compliance with the reporting requirements set forth in subdivision (a).

(e) Review. The court or its designee shall review the filed reports.

(f) Compliance. To ensure compliance with these reporting requirements:

(1) If any report is deemed incomplete or is more than 20 days delinquent, then the clerk or the court’s designee shall serve notice on the guardian directing compliance within 20 days, with a copy of the notice sent to the court and the guardian’s counsel, if represented.

(2) If the guardian fails to comply with the reporting requirements within 20 days of service of the notice, then the clerk or the court’s designee shall file and transmit a notice of deficiency to the adjudicating judge and serve a notice of deficiency on those persons named in the court’s order pursuant to Pa.R.O.C.P. 14.7(a)(1)(iv) as being entitled to receive a notice of filing.

(3) The court may thereafter take such enforcement procedures as are necessary to ensure compliance.

(4) After reasonable enforcement procedures by the court have been unsuccessful, the court shall enter an order that:

(i) includes an explanation of the actions taken by the court to attempt enforcement of the filing requirements;

(ii) includes clearly enumerated reasons why the guardian or former guardian has not been compelled to comply with any filing requirements; and either

(A) directs that a successor guardian or designee of the court file the delinquent filing with the clerk and it shall be docketed as such by the clerk; or

(B) directs the order issued by the court to be docketed by the clerk in lieu of the delinquent filing.

See Pa.R.J.A. 510 governing the filing of inventories and annual reports online using the Guardianship Tracking System.

Provisions of former subdivision (c), pertaining to reporting forms, were moved to Pa.R.O.C.P. 1.8(c). The reporting forms are available at https://www.pacourts.us/forms/for-the-public/orphans-court-forms. This rule is silent as to the manner of proceeding when reports are deficient or warrant further investigation, or when the guardian is recalcitrant after being given notice by the clerk or the court’s designee. In its discretion, the court may order further documentation, conduct a review hearing, or take further action as may be deemed necessary, including, but not limited to, removal of the guardian or contempt proceedings. If those efforts are unsuccessful, the court shall proceed as set forth in subdivision (f)(4).

As used in subdivision (f)(4)(ii)(A), a ‘‘designee of the court’’ is an individual who is: (1) knowledgeable about the incapacitated person and the contents of the report; and (2) appointed by the court for the sole purpose of filing the delinquent report that the guardian or successor guardian is unable or unwilling to file. An attorney, accountant, or agent of the guardian or former guardian may have the requisite knowledge to serve in this capacity.

The provisions of this Rule 14.8 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended January 2, 2020, effective April 1, 2020, 50 Pa.B. 306; amended June 12, 2023, effective April 1, 2024, 53 Pa.B. 3305; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (418496) to (418497).

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.9 Review Hearing.

(a) Initiation. A review hearing may be requested by petition, ordered by the court upon its own initiative, or set forth in the order adjudicating incapacity and appointing a guardian. The procedure for conducting a review hearing shall meet all requirements set forth at 20 Pa.C.S. § 5512.2.

(b) Counsel. If an incapacitated person is unrepresented by counsel prior to the review hearing, then the court shall appoint counsel to represent the incapacitated person prior to the review hearing. An order ruling on the merits of the review hearing shall address the continued scope of representation of court-appointed counsel.

(1) A petition for a review hearing shall set forth:

(i) the name, age, address, and mailing address, if different, of the petitioner and the petitioner’s relationship to the incapacitated person;

(ii) the date of the adjudication of incapacity;

(iii) the names and addresses of all guardians;

(iv) if the incapacitated person has been a patient in a mental health facility, the name of such facility, the date of admission, and the date of discharge;

(v) the present address of the incapacitated person, and the name of the person with whom the incapacitated person is living;

(vi) the names and addresses of the presumptive intestate heirs of the incapacitated person and whether they are sui juris or non sui juris;

(vii) whether the incapacitated person is represented by counsel and, if so, the name and address of counsel; and

(viii) averments setting forth why the guardianship should be terminated or modified, including averments pertaining to the findings required by 20 Pa.C.S. § 5512.1(a)(1)—(a)(4).

(2) Service. The petition shall be served in accordance with Pa.R.O.C.P. 4.3 upon the incapacitated person, his or her counsel, and those entitled to notice pursuant to Pa.R.O.C.P. 14.2(f)(2).

(3) Hearing. The review hearing shall be conducted promptly after the filing of the petition with notice of the hearing served upon those served with the petition pursuant to subdivision (c)(2).

(d) Scheduled Review Hearing. If the court orders a review hearing on its own initiative or in the order establishing the guardianship pursuant to Pa.R.O.C.P. 14.7(a)(3), then:

(1) the court shall give notice of the hearing to the incapacitated person, his or her counsel, and those entitled to notice pursuant to Pa.R.O.C.P. 14.2(f)(2) at least 20 days prior to the date of the hearing; and

(2) the hearing notice shall be served in compliance with Pa.R.O.C.P. 4.3.

Nothing in this rule is intended to preclude the court from scheduling a review hearing upon its own initiative or in the order adjudicating incapacity and appointing a guardian. For the court’s disposition of a review hearing and evidentiary burden of proof, see 20 Pa.C.S. § 5512.2.

See Pa.R.O.C.P. 14.4(c) pertaining to responsibilities of appointed counsel.

The provisions of this Rule 14.9 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial page (418498).

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.10 Proceedings Relating to Real Property.

(a) Applicable Rules. A petition for the public or private sale, exchange, lease, or mortgage of real property of an incapacitated person or the grant of an option for the sale, exchange, or lease of the same shall conform as far as practicable to the requirements of these Rules for personal representatives, trustees, and guardians of minors in a transaction of similar type.

(b) Objection. The guardian shall include in the petition an averment as to whether the guardian knows or has reason to know of any objection of the incapacitated person to the proposed transaction, the nature and circumstances of any such objection, and whether expressed before or after the adjudication of incapacity.

Note

See Pa. O.C. Rules 5.10, 5.11, and 5.12.

The provisions of this Rule 14.10 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524.

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.11 Transfer of Guardianship of the Person to Another State.

(a) Petition. A petition filed by a guardian appointed in Pennsylvania to transfer the guardianship of the person to another state must plead sufficient facts to demonstrate:

(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2) plans for care and services for the incapacitated person in the other state are reasonable and sufficient;

(3) the court to which the guardianship will be transferred; and

(4) the guardianship will likely be accepted by the other state’s court.

(b) Service. The guardian shall serve a copy of the petition in accordance with Rule 4.3 upon the incapacitated person and those entitled to service pursuant to Rule 14.2(f)(2).

(c) Objections. Any person entitled to service of the petition may file an answer with the clerk raising objections alleging that the transfer would be contrary to the interests of the incapacitated person.

(d) Hearing. If needed, the court shall conduct an evidentiary hearing on the petition.

(e) Orders. Upon finding that the allegations contained in the petition have been substantiated and the objections, if any, have not been substantiated, the court shall:

(1) issue an order provisionally granting the petition to transfer the guardianship and directing the guardian to petition for acceptance of the guardianship in the other state; and

(2) issue a final order confirming the transfer and relinquishing jurisdiction upon receipt of the provisional order from the other state’s court accepting the transfer and the filing of the final report of the guardian.

See Subchapter C of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, 20 Pa.C.S. § § 5921—5922. This petition may also include a request to transfer the guardianship of the estate to another state as provided in Rule 14.12. The likelihood that the guardianship may be accepted by the other state’s court may be established by evidence of the state having procedures similar to Rule 14.13.

The provisions of this Rule 14.11 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524.

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.12 Transfer of Guardianship of the Estate to Another State.

(a) Petition. A petition filed by a guardian appointed in Pennsylvania to transfer the guardianship of the estate must plead sufficient facts to demonstrate:

(1) the incapacitated person is:

(i) physically present in the other state;

(ii) reasonably expected to move permanently to the other state; or

(iii) significantly connected to the other state.

(2) adequate arrangements will be made for the management of the incapacitated person’s estate;

(3) the court to which the guardianship will be transferred; and

(4) the guardianship will likely be accepted by the other state’s court.

(b) Service. The guardian shall serve a copy of the petition in accordance with Rule 4.3 upon the incapacitated person and those entitled to service pursuant to Rule 14.2(f)(2).

(d) Hearing. If needed, the court shall conduct an evidentiary hearing on the petition.

(e) Orders. Upon finding that the allegations contained in the petition have been substantiated and the objections, if any, have not been substantiated, the court shall:

(1) issue an order provisionally granting the petition to transfer the guardianship and directing the guardian to petition for acceptance of the guardianship in the other state; and

See Subchapter C of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, 20 Pa.C.S. § § 5921—5922. For factors used to determine the significance of the incapacitated person’s connection with the other state, see 20 Pa.C.S. § 5911(b). This petition may also include a request to transfer the guardianship of the person to another state as provided in Rule 14.11. The likelihood that the guardianship may be accepted by the other state’s court may be established by evidence of the state having procedures similar to Rule 14.13.

The provisions of this Rule 14.12 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524.

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.13 Acceptance of a Guardianship Transferred from Another State.

(a) A petition to confirm the transfer of a guardianship from another state to Pennsylvania shall:

(1) plead sufficient facts to demonstrate:

(i) the eligibility of the guardian for appointment in Pennsylvania;

(ii) the proceeding in the other state approving the transfer was conducted in a manner similar to Rules 14.11 or 14.12 (concerning transfer of guardianship);

(2) include a certified copy of the other state’s provisional order approving the transfer; and

(3) include a certified copy of the petition and order determining initial incapacity in the other state.

(b) Service. The guardian shall serve a copy of the petition in the manner and upon the incapacitated person and those entitled to service pursuant to Rule 14.2(f).

(c) Objections. Any person entitled to notice of the petition may file an answer with the clerk raising objections alleging that the transfer would be contrary to the interests of the incapacitated person.

(d) Hearing. If needed, the court shall conduct an evidentiary hearing on the petition.

(e) Orders. Upon finding that the allegations contained in the petition have been substantiated and the objections, if any, have not been substantiated, the court shall:

(1) issue an order provisionally granting the petition to confirm transfer of the guardianship; and

(2) upon receiving a final order from the court transferring the guardianship, the court shall issue a final order accepting the guardianship, appointing the guardian appointed previously by the court of the other state as the guardian in Pennsylvania, and directing the guardian to comply with the reporting requirements of Rule 14.8.

See Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, 20 Pa.C.S. § 5922(f) (court’s consideration of a modification of guardianship).

The provisions of this Rule 14.13 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524.

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

231 Pa. Code Rule 14.14 Forms.

The following forms located in the Appendix to these rules shall be used exclusively:

(a) Important Notice—Citation with Notice (G-01);

(b) {Rescinded};

(d) Guardian’s Inventory for a Minor (G-04);

(e) {Rescinded};

(f) Guardianship of Incapacitated Person: Petition for Adjudication/Statement of Proposed Distribution Pursuant to Pa.R.O.C.P. 2.4 (OC-03);

(g) Guardianship of Minor: Petition for Adjudication/Statement of Proposed Distribution Pursuant to Pa.R.O.C.P. 2.4 (OC-04);

(h) Expert Report (G-06); and

(i) Notice of Filing (G-07).

In accordance with Pa.R.O.C.P. 1.8, these forms shall be used exclusively and cannot be replaced or supplanted by a local form.

Subdivisions (b), (c), and (e), pertaining to reports required by Pa.R.O.C.P 14.8, were rescinded. Although rescinded from the Appendix to these rules, the reporting forms are available at https://www.pacourts.us/forms/for-the-public/orphans-court-forms and shall be used exclusively. See Pa.R.O.C.P. 14.8(a) and 1.8(c).

The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

History

Source: The provisions of this Rule 14.14 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396099) to (396100).

Chapter 8015 ADOPTIONS

231 Pa. Code Rule 15.1 Local Adoption Rules.

The practice and procedure with respect to adoptions shall be as provided by Act of Assembly and the Rules under this Chapter XV. Local rules further regulating the practice and procedure with respect to adoptions may be promulgated in accordance with Rule 1.5, provided such local rules shall not be inconsistent with these Rules and the Adoption Act, 23 Pa.C.S. § § 2101 et seq.

The provisions of this Rule 15.1 rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial page (382159).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.2 Definitions.

In addition to the terms and definitions provided in Rule 1.3, the following words and phrases when used in Chapter XV shall have the following meaning: ‘‘Adopted Child’’ or ‘‘Adopted Individual’’—any individual for whom a decree of adoption has been entered in accordance with 23 Pa.C.S. § 2902 after a hearing, or in accordance with the laws of another country or state of a similar import; ‘‘Adoptee’’—an individual as defined in 23 Pa.C.S. § 2102; ‘‘Agency’’—an entity or organization providing adoption services as defined in 23 Pa.C.S. § 2102 or 23 Pa.C.S. § 2732, as applicable; ‘‘Authorized Representative’’—an individual as defined in 23 Pa.C.S. § 2911 trained by the Department to handle certain requests for identifying information and to search for the subject of the request as necessary; ‘‘Birth Relative’’—an individual as identified in 23 Pa.C.S. § 2732; ‘‘Child’’—an adoptee or adopted individual who is a minor, or the individual whose parent’s rights are the subject of a termination proceeding; ‘‘Clerk’’—the clerk or department as defined in 23 Pa.C.S. § 2102; ‘‘Contact Agreement’’—a voluntary written agreement between a Prospective Adoptive Parent and a birth relative that is executed and approved by the court in accordance with 23 Pa.C.S. § § 2731 et seq. and provides for continuing post-adoption contact or communication between the adopted child and the birth relative or between the adoptive parent and the birth relative; ‘‘Court’’—the division of the Court of Common Pleas conducting any proceeding under the Adoption Act; ‘‘Department’’—the Department of Human Services of the Commonwealth; ‘‘Intermediary’’—any person or agency arranging an adoption placement as defined in 23 Pa.C.S. § 2102; ‘‘Minor’’—a person who has not attained 18 years of age; ‘‘Presumptive Father’’—the man married to the child’s mother at any time during the one-year period prior to the child’s birth; ‘‘Prospective Adoptive Parents’’—individuals with whom the adoptee has been placed for the purpose of adoption, or who have filed a report of intention to adopt under 23 Pa.C.S. § 2531; ‘‘Putative Father’’—an alleged birth father whose parental status has not been legally established and who is not a presumptive father; ‘‘Statement of medical, personal, or social history information’’—the information concerning an adopted individual or the birth family of an adopted individual as set forth in 23 Pa.C.S. § § 2102, 2911. The Rules in this Chapter use the term ‘‘statement of medical, personal, or social history information’’ because the Adoption Act refers to these statements in varying ways. Compare 23 Pa.C.S. § § 2503(e), 2504(d), 2511(c) with 23 Pa.C.S. § § 2923, 2934.

In Philadelphia County, jurisdiction over adoptions, terminations of parental rights, birth records, and related proceedings is exercised through the Family Court Division of the Philadelphia Court of Common Pleas. 20 Pa.C.S. § 713. In all other counties, family court judges who have adjudicated a child dependent, conducted permanency hearings, or conducted other dependency proceedings may be assigned to the Orphans’ Court Division for purposes of hearing petitions to terminate parental rights or petitions to adopt a dependent child. 42 Pa.C.S. § 6351(i).

The provisions of this Rule 15.2 rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial pages (382159) to (382160).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.3 Prerequisites for any Petition to Terminate Parental Rights or Petition to Adopt.

(a) Separate Petitions for Each Child and Any Adoptee. Separate petitions must be filed for each child or adult adoptee who is the subject of a proceeding under Rule 15.7 (Voluntary Relinquishment to Agency), Rule 15.8 (Voluntary Relinquishment to Adult Intending to Adopt Child), Rule 15.9 (Alternative Procedure for Relinquishment by Confirmation of Consent to Adoption), Rule 15.10 (Involuntary Termination of Parental Rights), Rule 15.12 (Court Review and Approval of Contact Agreement), Rule 15.13 (Adoption), Rule 15.14 (Registration of Foreign Adoption Decree), Rule 15.15 (Petition for Adoption of a Foreign Born Child), Rule 15.17 (Petition to Modify a Contact Agreement), Rule 15.18 (Petition to Enforce a Contact Agreement), and Rule 15.19 (Petition to Discontinue a Contact Agreement).

(b) Filing of Original Birth Certificate. Unless previously filed, the child’s original birth certificate or certification of registration of birth shall be filed when the petition to terminate parental rights is filed, and the clerk shall make the original birth certificate or certification of registration of birth part of the court file pertaining to that child.

For the following reasons, a separate petition must be filed for each child and any adult adoptee who is the subject of any one of the enumerated proceedings: (i) privacy concerns; (ii) better and more accurate data collection, especially if siblings do not share the same birth parents; and (iii) facilitating appellate proceedings if an appeal from an order terminating parental rights is taken as to only one of the involved children. The court in its discretion may consolidate separate petitions for any hearing.

A county agency unduly burdened by the costs of filing separate petitions for a group of siblings may petition the court for relief from such filing costs. It is anticipated that such petitions for relief would be made only when the costs are burdensome.

The provisions of this Rule 15.3 rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial page (382160).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.4 Notice of Hearing to Terminate Parental Rights; Method and Time.

(a) Contents of Notice; Service of Notice and Copies to Others.

(1) For a petition filed under Rule 15.7 (relating to Voluntary Relinquishment to Agency) or Rule 15.8 (relating to Voluntary Relinquishment to Adult Intending to Adopt Child), notice shall be in the form and served upon the individuals as provided in 23 Pa.C.S. § 2503(b).

(2) For a petition filed under Rule 15.9 (relating to Alternative Procedure for Relinquishment by Confirmation of Consent to Adoption), notice shall be in the form provided in 23 Pa.C.S. § 2513(b) and served upon the individuals as provided in 23 Pa.C.S. § 2504(b).

(3) For a petition filed under Rule 15.10 (relating to Involuntary Termination of Parental Rights), notice shall be in the form and served upon the individuals as provided in 23 Pa.C.S. § 2513(b).

(b) Method of Notice.

(1) For a proceeding under Rule 15.7 (relating to Voluntary Relinquishment to Agency) or Rule 15.8 (relating to Voluntary Relinquishment to Adult Intending to Adopt Child), every person whose parental rights are sought to be terminated in the proceeding and any other person entitled to notice under 23 Pa.C.S. § 2503(b) shall be provided with notice of the hearing by one of the following means:

(A) personal service;

(B) registered or certified mail with delivery restricted to the addressee only and a return receipt requested, or first-class United States mail postage prepaid, mailed to the person’s residence, location where he or she is known to be staying, or business where he or she is known to be currently employed;

(C) electronic transmission provided such person has signed a writing consenting that notice be sent by electronic transmission, providing an electronic mail address or social media account to which such notice shall be sent, and verifying that he or she regularly accesses and reviews such electronic mail address or social media account; or

(D) such other means including electronic transmission as the court may require under the facts of the individual case. Any person entitled to notice of the hearing may waive in writing such notice.

(2) For a proceeding under Rule 15.9 (relating to confirming consent as an Alternative Procedure for Relinquishment), every person whose parental rights are sought to be terminated in the proceeding and any other person entitled to notice under 23 Pa.C.S. § 2504(b) shall be provided with notice of the hearing by one of the following means:

(A) personal service;

(B) registered or certified mail with delivery restricted to the addressee only and a return receipt requested mailed to the person’s residence, location where he or she is known to be staying, or business where he or she is known to be currently employed;

(D) such other means including electronic transmission as the court may require under the facts of the individual case.

Any person entitled to notice of the hearing may waive in writing such notice.

(3)(A) For a proceeding under Rule 15.10 (relating to Involuntary Termination of Parental Rights), every person entitled to notice as provided in 23 Pa.C.S. § 2513(b) shall be provided with notice of the hearing by one of the following means:

(i) personal service;

(ii) registered or certified mail with delivery restricted to the addressee only and a return receipt requested mailed to the person’s residence, location where he or she is known to be staying, or business where he or she is known to be currently employed; or

(iii) such other means including electronic transmission as the court may require under the facts of the individual case.

(B) If the identity and location of the person whose parental rights are sought to be involuntarily terminated are known or can be determined after reasonable investigation, a copy of the petition for involuntary termination of parental rights shall be attached to the notice required by 23 Pa.C.S. § 2513(b).

(C) A person who is not the subject of the proceeding and whose parental rights are not sought to be terminated in the proceeding but who is entitled to receive notice of the hearing under 23 Pa.C.S. § 2513(b) may waive in writing such notice.

(4) If service cannot be obtained upon the person whose parental rights are sought to be terminated either because service is refused or unsuccessful and no alternative service is directed by the court or because the person’s identity or whereabouts are unknown after reasonable investigation, then notice by publication shall be given as directed by the court, after a motion in accordance with Pa.R.C.P. No. 430(a) and upon a finding by the court that a reasonable investigation was made.

(A) In addition to any other requirements that may be imposed by the court, the publication notice shall include the last name of the birth mother, the date of the child’s birth, the place of the child’s birth and the child’s gender. The publication notice shall include the contents of the notice required by 23 Pa.C.S. § 2503(b) or 23 Pa.C.S. § 2513(b), as applicable, but shall not include notice of the opportunity for a birth relative of the child to enter into a Contact Agreement.

(B) The publication notice shall direct the person whose parental rights are sought to be terminated to contact the petitioner or counsel for the petitioner as set forth in the notice to obtain a copy of the petition prior to the hearing.

(C) Publication shall occur once in a newspaper of general circulation for the county where the birth parent whose rights are sought to be terminated resides, or if not known, the place where the child was conceived.

(5) If service cannot be obtained upon a person who is not the subject of the proceeding and whose parental rights are not sought to be terminated in the proceeding but who is entitled to receive notice of the hearing under 23 Pa.C.S. § 2503(b), § 2504(b), or § 2513(b), and service could not be obtained either because service is refused or unsuccessful or because the person’s identity or whereabouts are unknown after reasonable investigation, no further service of the notice shall be required.

(6) Once service has been obtained in a manner as provided upon the person whose parental rights are sought to be terminated, all persons entitled to receive any subsequent legal paper or notice may be served by hand delivery, by first-class United States mail, postage prepaid, to the person’s last known residence, location where he or she is known to be staying or business where he or she is known to be currently employed, by electronic transmission provided such person has signed a writing consenting that notice be sent by electronic transmission, providing an electronic mail address or social media account to which such notice shall be sent, and verifying that he or she regularly accesses and reviews such electronic mail address or social media account, or to the person’s counsel of record, if represented.

The notice required by subparagraph (a)(3) advises a parent whose rights are subject to termination in an involuntary termination proceeding that he or she has the right to be represented at the hearing by a lawyer. The notice includes the contact information for the person or agency in the judicial district from whom information as to the availability of legal help may be obtained. The court shall appoint counsel for a parent whose rights are subject to termination in an involuntary termination proceeding, if upon petition of the parent, the court determines that the parent is unable to pay for counsel or that payment would result in substantial financial hardship. See 23 Pa.C.S. § 2313(a.1); Rule 15.10(d)(2).

Personal service in the context of this Rule means service by handing a copy to the person entitled to notice.

See Pa.R.C.P. No. 76 that certified mail is the equivalent of registered mail.

See also Pa.R.C.P. No. 430(a) regarding the averments necessary in a motion for alternative service if service cannot otherwise be accomplished. If the motion under Pa.R.C.P. No. 430(a) avers sufficient facts and includes sufficient supporting exhibits to establish that a reasonable investigation was made to ascertain the identity or whereabouts of the subject birth parent, the court need not conduct a hearing on the motion, but shall issue an order directing alternative service, including service by electronic transmission or publication.

The PACFile electronic filing system, developed and administered by the Administrative Office of Pennsylvania Courts, does not provide notice of the hearing that is compliant with the requirements of (b)(1)(C) and (b)(2)(C), unless a person consents in writing to notices being sent by electronic transmission. In the alternative, a court may, per subparagraphs (b)(1)(D), (b)(2)(D), and (b)(3)(A)(iii) and dependent upon the facts of an individual case, permit notification of the hearing by PACFile without requiring consent in writing that the notice be sent by electronic transmission.

The provisions of this Rule 15.4 rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial pages (366187) to (366188).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.5 Certification Filed with the Clerk Maintaining the Dependency Docket.

(a) Within seven days of the filing of a petition to terminate parental rights under Rules 15.7, 15.8, 15.9, or 15.10, or a petition to adopt under Rule 15.13, the county agency shall file a praecipe with the clerk of the court where the child was declared dependent using the caption of the dependency proceeding, notifying that clerk of the name of the petition filed and the date of its filing in substantially the form approved by the Supreme Court.

(b) Within seven days of receiving the court’s disposition of the petitions described in paragraph (a), the county agency shall file a praecipe with the clerk of the court where the child was declared dependent using the caption of the dependency proceeding, notifying that clerk of the disposition of the petition and the date of the order in substantially the form approved by the Supreme Court.

(c) If a notice of appeal from an order described in paragraph (b) is filed, then within seven days of service of the notice of appeal, the county agency shall file a praecipe with the clerk of the court where the child was declared dependent using the caption of the dependency proceeding, notifying that clerk of the appeal and the date of its filing in substantially the form approved by the Supreme Court.

(d) Within seven days of receiving the appellate court’s disposition of the appeal described in paragraph (c), the county agency shall file a praecipe with the clerk of the court where the child was declared dependent using the caption of the dependency proceeding, notifying that clerk of the disposition of the appeal and the date of the decision in substantially the form approved by the Supreme Court.

The purpose of the Rule is to provide a procedure for collecting data concerning children who have been declared dependent under the Juvenile Act and placed in the custody of the county agency. The information is entered into the Common Pleas Case Management System-Dependency Module to comply with reporting requirements and to monitor dependent children in the foster care system. Unlike a ‘‘notice,’’ as used in Rule 15.4, the county agency is not required to serve the praecipe upon the parties to the dependency, termination, or adoption proceeding. The definition of ‘‘county agency’’ as used in this Rule is that contained in Pa.R.J.C.P. 1120.

Pursuant to Rule 1.8 (Forms), the Supreme Court has approved forms for statewide practice to comply with the requirements of this Rule. These forms can be found in the Appendix to these Rules.

The provisions of this Rule 15.5 rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial page (366188).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.6 Filing of Termination Petitions when an Agency is Not Involved.

Except in cases involving an agency or as otherwise provided by law, a petition to terminate parental rights shall not be granted unless a Report of Intention to Adopt under 23 Pa.C.S. § 2531 or an adoption petition under Rule 15.13 has been filed.

This Rule implements long-standing Pennsylvania Supreme Court precedent that a parent can petition to terminate the parental rights of the other parent only where there is evidence of a present plan for the child to be adopted by a stepparent or other person. In re Adoption of M.R.D., 145 A.3d 1117, 1120 (Pa. 2016); In re T.R., 465 A.2d 642 (Pa. 1983); In re B.E., 377 A.2d 153 (Pa. 1977). See also In re E.M.I, 57 A.3d 1278 (Pa. Super. 2012); In re Adoption of J.F., 572 A.2d 223 (Pa. Super. 1990). A mere averment in the petition or testimony by the petitioning birth parent is insufficient; instead, evidence must be presented to the court considering the parental rights termination petition that the child’s adoption is intended and foreseeable. However, neither such averments nor evidence are required when a petition has been filed by a parent seeking to involuntarily terminate the parental rights of the other parent pursuant to 23 Pa.C.S. § 2511(a)(7) (relating to a child conceived as a result of a rape or incest). See 23 Pa.C.S. § 2514.

A Report of Intention to Adopt is required to be filed with the clerk within 30 days of when the child is placed with the non-relative individuals. 23 Pa.C.S. § 2532. In the case of an adoption by one not required to file such a report, see 23 Pa.C.S. § 2531(c), this Rule requires the adoption petition to be filed. If the adoption proceeding will occur in the same judicial district as the hearing on the parental rights termination petition, the court will be able to review the Report of Intention to Adopt or the adoption petition to determine if there are any possible impediments to completing the adoption, which then can be explored and investigated as part of the hearing on the parental rights termination petition.

The provisions of this Rule 15.6 amended March 19, 2013, effective April 19, 2013 for all termination and adoption petitions filed after that date, 43 Pa.B. 1836; rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial pages (366188) to (366189).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.7 Voluntary Relinquishment to Agency.

(a) Petition. A petition under 23 Pa.C.S. § 2501 to relinquish parental rights and duties with respect to a child who has been in the care of an agency shall contain the following averments:

(1) the name, address, age, and racial background of each petitioner;

(2) the information required in subparagraph (1) as to any parent who is not a petitioner, including the birth father, presumptive father and putative father, or the reasons why the court should find such information is not necessary;

(3) the marital status of the mother as of the time of the child’s birth and during one year prior thereto, and her maiden name;

(4) the name, age, date of birth, place of birth, racial background, and gender of the child;

(5) the name and address of the agency having care of the child;

(6) the date when the child was placed with the agency;

(7) the reasons for seeking relinquishment;

(8) whether each petitioner has been informed of counseling services concerning the termination of parental rights and the alternatives thereto and provided with a list of qualified counselors and counseling services;

(9) whether each petitioner has received any counseling concerning the termination of parental rights and the alternatives thereto and, if so, the name of the organization or qualified counselor providing such counseling services;

(10) whether each petitioner has been informed of the opportunity for a birth relative of the child, including the petitioner, to enter into a Contact Agreement with the Prospective Adoptive Parents, once identified;

(11) whether the agency’s consent to accept custody of the child until such time as the child is adopted is attached to the petition; and

(12) that each petitioner understands the petition, has considered the alternatives, and has executed the petition voluntarily.

(b) Exhibits. The following exhibits shall be attached to the petition:

(1) Documentation signed by each petitioner as required by 23 Pa.C.S. § 2501(a).

(2) A verified statement from a representative of the agency, counsel for the agency, or counsel representing any other party that written notice was provided to the petitioner birth parent regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(1)(C), and the date(s) that such notice was given. A copy of the notice shall accompany this verified statement.

(3) If, as part of the hearing on the petition, the parental rights of a putative father could be terminated pursuant to 23 Pa.C.S. § 2503(d), and if written notice of the opportunity to enter into a Contact Agreement has been provided to the putative father in advance of the petition’s filing, a verified statement from a representative of the agency, counsel for the agency, or counsel representing any other party that written notice was provided to the putative father regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(1)(C), and the date(s) that such notice was given, or the reasons why such notice cannot be given, including efforts made to identify or locate the subject person. If notice was given, a copy of the notice shall accompany this verified statement.

(4) The joinder or consent of the agency having care of the child, including its consent to accept custody of the child until such time as the child is adopted.

(1) Notice of the hearing on the petition shall be provided in accordance with 23 Pa.C.S. § 2503(b), and in accordance with 23 Pa.C.S. § 2503(d) if the rights of a putative father are to be terminated as part of the same proceeding, and shall be served in accordance with Rule 15.4(b)(1).

(2) On or before the hearing, the court shall be presented with a certificate of service stating that notice of the hearing on the petition was given to the petitioner and all others entitled to a copy of the notice in accordance with 23 Pa.C.S. § 2503 and Rule 15.4(b)(1).

(3) The petitioner birth parent voluntarily relinquishing his or her parental rights shall be present at the hearing and available to be examined under oath.

(4) If as part of hearing on the petition, the parental rights of a putative father could be terminated pursuant to 23 Pa.C.S. § 2503(d), and if notice of the opportunity to enter into a Contact Agreement was not provided to the subject putative father prior to the petition’s filing, then on or before the hearing, the court shall be presented with a verified statement from a representative of the agency, counsel for the agency, or counsel representing any other party that written notice was provided to the subject putative father regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(1)(C), and the date(s) that such notice was given or the reasons why such notice cannot be given, including efforts made to identify or locate the subject person. If notice was given, a copy of the notice shall accompany this verified statement.

Section 2733(c) of the Adoption Act requires the agency, the intermediary or an attorney for a party to provide notice of the opportunity to enter into a Contact Agreement to the Prospective Adoptive Parents, a birth parent, and, in some instances, a child. Notice to a birth relative who is not a birth parent is not statutorily required, although birth relatives may enter into and become parties to a Contact Agreement.

The provisions of this Rule 15.7 amended March 3, 1999, effective immediately, 29 Pa.B. 1484; rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial page (366190).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.8 Voluntary Relinquishment to Adult Intending to Adopt Child.

(a) Petition. A petition under 23 Pa.C.S. § 2502 to relinquish parental rights with respect to a child who has been in the exclusive care of Prospective Adoptive Parents shall contain the following averments:

(1) the name, address, age, and racial background of each petitioner;

(2) the information required in subparagraph (1) as to any parent who is not a petitioner, including the birth father, presumptive father, and putative father, or the reasons why the court should find such information is not necessary;

(3) the marital status of the mother as of the time of the child’s birth and during one year prior thereto, and her maiden name;

(4) the name, age, date of birth, place of birth, racial background, and gender of the child;

(5) the date when the child was placed with the Prospective Adoptive Parents;

(6) the date when the Report of Intention to Adopt was filed;

(7) the reasons for seeking relinquishment;

(10) whether each petitioner has been informed of the opportunity for a birth relative of the child, including the petitioner, to enter into a Contact Agreement with the Prospective Adoptive Parents;

(11) whether a Report of Intention to Adopt under 23 Pa.C.S. § 2531 or an adoption petition under Rule 15.13 has been filed;

(12) whether the Prospective Adoptive Parents’ consent to accept custody of the child until such time as the child is adopted is attached to the petition; and

(13) that each petitioner understands the petition, has considered the alternatives, and has executed the petition voluntarily.

(b) Exhibits. The following exhibits shall be attached to the petition:

(1) A verified statement from a representative of the agency or intermediary, counsel for the agency or intermediary, or counsel representing any other party that written notice was provided to the petitioner birth parent regarding the opportunity to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(1)(C), and the date(s) that such notice was given. A copy of the notice shall accompany this verified statement.

(2) If, as part of the hearing on the petition, the parental rights of a putative father could be terminated pursuant to 23 Pa.C.S. § 2503(d), and if written notice of the opportunity to enter into a Contact Agreement has been provided to the putative father in advance of the petition’s filing, a verified statement from a representative of the agency or intermediary, counsel for the agency or intermediary, or counsel representing any other party that written notice was provided to the putative father regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(1)(C), and the date(s) that such notice was given, or the reason(s) why such notice cannot be given, including efforts made to identify or locate the subject person. If notice was given, a copy of the notice shall accompany this verified statement.

(3) The signed consents of the Prospective Adoptive Parents to accept custody of the child until such time as the adoption is completed.

(3) The petitioner birth parent voluntarily relinquishing his or her parental rights shall be present at the hearing and available to be examined under oath.

(4) If as part of hearing on the petition, the parental rights of a putative father could be terminated pursuant to 23 Pa.C.S. § 2503(d), and if notice of the opportunity to enter into a Contact Agreement was not provided to the subject putative father prior to the petition’s filing, then on or before the hearing, the court shall be presented with a verified statement from a representative of the agency or intermediary, counsel for the agency or intermediary, or counsel representing any other party that written notice was provided to the subject putative father regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(1)(C), and the date(s) that such notice was given or the reason(s) why such notice cannot be given, including efforts made to identify or locate the subject person. If notice was given, a copy of the notice shall accompany this verified statement.

An original birth certificate or certification of registration of the child’s birth must be filed with the clerk by the time of filing the initial petition to terminate parental rights. See Rule 15.3(b). For additional information about notice of the opportunity to enter into a Contact Agreement, see the Explanatory Comment to Rule 15.7.

The provisions of this Rule 15.8 adopted August 30, 2006, effective September 5, 2006, 36 Pa.B. 5777; amended January 3, 2011, effective in sixty days, 41 Pa.B. 336; rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial pages (366190) to (366192).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.9 Alternative Procedure for Relinquishment by Confirmation of Consent to Adoption.

(a) Petition. A petition under 23 Pa.C.S. § 2504 to confirm the consent to adoption given by a birth parent, presumptive father, or putative father relinquishing parental rights and agreeing to have the child placed for adoption shall contain the following averments:

(1) the name, address, age, and racial background of the consenter;

(2) the information required in subparagraph (1) as to any parent who has not signed a consent to adoption, including the birth father, presumptive father, and putative father, or the reasons why the court should find such information is not necessary;

(3) the marital status of the mother as of the time of the child’s birth and during one year prior thereto, and her maiden name;

(4) the name, age, date of birth, place of birth, racial background, and gender of the child;

(5) the date when the consent to adoption was executed by the consenter and that the consent was executed in accordance with 23 Pa.C.S. § § 2711 and 2712;

(6) the number of days that have elapsed since the consent to adoption was executed by the consenter;

(7) whether the petitioner, counsel for the petitioner, or the agency or intermediary in those cases where the agency or intermediary is not the petitioner, has received any writing from the consenter revoking or attempting to revoke the previously executed consent to adoption;

(8) whether the consenter was informed of counseling services concerning the termination of parental rights and the alternatives thereto and provided with a list of qualified counselors and counseling services;

(9) whether the consenter received counseling concerning the termination of parental rights and the alternatives thereto and, if so, the name of the organization or qualified counselor providing such counseling services;

(10) whether the consenter has been informed of the opportunity for a birth relative of the child, including the consenter, to enter into a Contact Agreement with the Prospective Adoptive Parents, once identified; and

(11) whether a consent by the Prospective Adoptive Parents or by the agency to accept custody of the child until such time as the child is adopted is attached to the petition, and if custody is to an individual, whether a Report of Intention to Adopt under 23 Pa.C.S. § 2531 or an adoption petition under Rule 15.13 has been filed.

(b) Exhibits. The following exhibits shall be attached to the petition:

(1) The original consent(s) to adoption.

(2) A verified statement from a representative of the agency or intermediary, counsel for the agency or intermediary, or counsel representing any other party that written notice was provided to the consenter regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(2)(C), and the date(s) that such notice was given. A copy of the notice shall accompany this verified statement.

(3) If, as part of the hearing on the petition, the parental rights of a putative father could be terminated pursuant to 23 Pa.C.S. § 2504(c), and if written notice of the opportunity to enter into a Contact Agreement has been provided to the putative father in advance of the petition’s filing, a verified statement from a representative of the agency or intermediary, counsel for the agency or intermediary, or counsel representing any other party that written notice was provided to the putative father regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(2)(C), and the date(s) on which such notice was given, or the reasons why such notice cannot be given, including efforts made to identify or locate the subject person. If a notice was given, a copy of the notice shall accompany this verified statement.

(4) The signed consents of the Prospective Adoptive Parents or agency to accept custody of the child until such time as the adoption is completed.

(1) Notice of the hearing on the petition shall be in the form specified in 23 Pa.C.S. § 2513(b) and shall be provided and served in accordance with 23 Pa.C.S. § 2504(b) and Rule 15.4(b)(2).

(2) On or before the hearing, the court shall be presented with a certificate of service stating that notice of the hearing on the petition was provided in the form specified in 23 Pa.C.S. § 2513(b) and given to the consenter and all others entitled to a copy of the notice in accordance with 23 Pa.C.S. § 2504(b) and Rule 15.4(b)(2).

(3) If as part of hearing on the petition, the parental rights of a putative father could be terminated pursuant to 23 Pa.C.S. § 2504(c), and if notice of the opportunity to enter into a Contact Agreement was not provided to the subject putative father prior to the petition’s filing, then on or before the hearing, the court shall be presented with a verified statement from a representative of the agency or intermediary, counsel for the agency or intermediary, or counsel representing any other party that written notice was provided to the subject putative father regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(2)(C), and the date(s) that such notice was given, or the reason(s) why such notice cannot be given, including efforts made to identify or locate the subject person. If notice was given, a copy of the notice shall accompany this verified statement.

The provisions of this Rule 15.9 adopted January 3, 2011, effective in 60 days, 41 Pa.B. 336; rescinded and replaced July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267. Immediately preceding text appears at serial pages (366192) to (366195).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.10 Involuntary Termination of Parental Rights.

(a) Petition. A petition for involuntary termination of parental rights under 23 Pa.C.S. § § 2511-2512 shall contain the following averments:

(1) the name and address of the petitioner(s);

(2) the basis for the standing asserted by the petitioner(s);

(3) the name, age, date of birth, place of birth, racial background, and gender of the child;

(4) the name, address, age, and racial background of the birth parents, including the birth father, presumptive father, and putative father;

(5) if a birth father, presumptive father or putative father is not identified in subparagraph, whether a claim for paternity has been filed under 23 Pa.C.S. § 5103 (relating to claim of paternity);

(6) the marital status of the mother as of the time of the child’s birth and during one year prior thereto, and her maiden name;

(7) the date when the child was placed in the care of the petitioner;

(8) the date when the child was removed from the parent who is the subject of the petition, if different than the date of placement with the petitioner;

(9) specific facts setting forth why the child was voluntarily placed in the custody of an entity or individual or involuntarily removed from the parent who is the subject of the petition;

(10) a reference to the applicable subsection(s) of 23 Pa.C.S. § 2511(a) providing the ground(s) for termination and specific facts to support terminating the parental rights of the subject birth parent pursuant to the subsection(s) referenced;

(11) whether either parent of the child is entitled to benefits under the Servicemembers Civil Relief Act of 1940, as amended (50 U.S.C. § § 3901 et seq.);

(12) one of the following:

(A) that the parent who is the subject of the petition has been provided with written notice regarding the opportunity for a birth relative of the child, including the subject birth parent, to enter into a Contact Agreement with the Prospective Adoptive Parents, once identified;

(B) that such written notice will be given to the subject birth parent prior to the hearing by the agency, intermediary or counsel representing a party; or

(13) whether a consent by the petitioner, the Prospective Adoptive Parents, or the agency to accept custody of the child until such time as the child is adopted is attached to the petition, and if custody is to an individual, whether a Report of Intention to Adopt under 23 Pa.C.S. § 2531 or an adoption petition under Rule 15.13 has been filed or the reason why such consent or filing is not required by law; and

(14) that each petitioner understands the petition and believes its filing to best serve the developmental, physical and emotional needs and welfare of the child.

(b) Exhibits. The following exhibits shall be attached to the petition:

(1) A verified statement from a representative of the agency or intermediary, counsel for the agency or intermediary, or counsel representing any other party that written notice was provided to the subject birth parent regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by such other means as provided in Rule 15.4(b)(3)(A)(iii), and the date(s) that such notice was given, or the reason(s) why such notice cannot be given, including efforts made to identify or locate the subject person. If notice was given, a copy of the notice shall accompany this verified statement.

(2) Except as otherwise provided by law, the signed consent of the petitioner, the Prospective Adoptive Parents, or the agency to accept custody of the child until such time as the adoption is completed.

(1) Notice of the hearing on the petition shall be provided and served in accordance with 23 Pa.C.S. § 2513(b) and Rule 15.4(b)(3).

(3) If notice of the opportunity to enter into a Contact Agreement was not provided to the subject birth parent prior to the petition’s filing, then on or before the hearing, the court shall be presented with a verified statement from a representative of the agency or intermediary, counsel for the agency or intermediary, or counsel representing any other party that written notice was provided to the subject birth parent regarding the opportunity of a birth relative to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by such other means as provided in Rule 15.4(b)(3)(A)(iii), and the date(s) that such notice was given or the reason(s) why such notice cannot be given, including efforts made to identify or locate the subject person. If notice was given, a copy of the notice shall accompany this verified statement.

(d) Appointment of Counsel.

(1) Child. In accordance with 23 Pa.C.S. § 2313(a), the court shall appoint counsel to represent the child in an involuntary termination proceeding when the proceeding is contested by one or both parents. If the court determines that the child requires counsel to represent both the best interests and legal interests of the child, the court shall determine on the record whether counsel can represent both interests without conflict before appointing an individual to serve as both guardian ad litem and counsel for the child.

(2) Parent. In accordance with 23 Pa.C.S. § 2313(a.1), the court shall appoint counsel for a parent whose rights are subject to termination in an involuntary termination proceeding if, upon petition of the parent, the court determines that the parent is unable to pay for counsel or that payment would result in a substantial financial hardship.

If the petitioner is an agency, Prospective Adoptive Parents need not have been identified prior to the agency’s filing of a petition to involuntarily terminate parental rights. Also, an averment of a present intent to adopt the child is not required if the petitioner is an agency. Where petitioner is an individual, see Rule 15.6. Neither the averments nor evidence set forth in subdivisions (a)(13) and (b)(2) are required when the petition has been filed by a parent seeking to involuntarily terminate the parental rights of the other parent pursuant to 23 Pa.C.S. § 2511(a)(7) (relating to a child conceived as a result of a rape or incest). See 23 Pa.C.S. § 2514.

Section 2733(c) of the Adoption Act requires the agency or intermediary, counsel representing the agency or intermediary, or counsel representing any other party to provide notice to the Prospective Adoptive Parents, birth parents, and, in some instances, a child of the opportunity to enter into a Contact Agreement. The statute does not require notice to birth relatives who are not the birth parents, although birth relatives may enter into and become parties to a Contact Agreement.

It is understood that County Agencies may be encouraged early in the process, even during dependency proceedings, to give notice to a birth parent of the opportunity to enter into a Contact Agreement. Requiring the verified statement to set forth the specific date(s) as to when notice was given is only to further ensure that the particular notice was given and not to suggest that providing this notice is time sensitive and expires after a certain time.

The provisions of this Rule 15.10 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267; amended September 30, 2024, effective January 1, 2025, 54 Pa.B. 6418. Immediately preceding text appears at serial pages (409801) to (409804).

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.11 Notice of Right to File Statement of Medical, Personal, or Social History Information.

The clerk, in accordance with Rule 4.6, shall transmit the decree of termination to the parent whose rights are terminated or to counsel for that parent, if represented. In that mailing, the clerk shall include a reference to information and instructions for the parent to file with the clerk and with the Department medical, personal, or social history information and to update the information filed, whether or not the medical condition is in existence or discoverable at the time of adoption. The clerk shall also include a reference to information and instructions to redact the birth parent’s name from the child’s original birth certificate.

The clerk may include in the mailing to the birth parent or birth parent’s counsel any forms promulgated by the Department, any forms promulgated by the Department of Health, and any forms adopted by local rule, including forms authorizing the release of information, withholding authorization to release information, or revoking any prior authorization to release information.

The provisions of this Rule 15.11 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.12 Court Review and Approval of Contact Agreement.

(a) Time and Filing. An executed proposed agreement for post-adoption contact and communication signed by the Prospective Adoptive Parents and any birth relatives (‘‘the proposed agreement’’) must be appended to a petition requesting the court to approve the proposed agreement.

(1) If Prospective Adoptive Parents have been identified by the time of the hearing terminating the parental rights of the parent whose birth relative is a party to the proposed agreement, the proposed agreement may be presented by separate petition to the same court that has or will conduct the hearing on the petition to terminate parental rights, and if not then presented, the proposed agreement shall be presented by petition to the court that will be presented with the adoption petition.

(2) If Prospective Adoptive Parents are identified after the time of the hearing to terminate parental rights, the proposed agreement shall be presented by separate petition to the court that will be presented with the adoption petition.

(3) The petition to approve the proposed agreement may be filed by the agency or intermediary, any party to the proposed agreement, or by the guardian ad litem appointed to represent the child.

(b) Petition to Approve a Contact Agreement. A petition to approve the proposed agreement under 23 Pa.C.S. § 2735 shall contain averments setting forth the following specific and material facts, to the extent known to the petitioner:

(1) the age and birth date of the child;

(2) if the child has attained 12 years of age, whether the child signed a written consent agreeing to the proposed agreement or signed the proposed agreement as evidence of his or her consent;

(3) whether the child has been represented by a guardian ad litem;

(4) whether a guardian ad litem is required to be appointed under 23 Pa.C.S. § 2733(b), and if so, whether such guardian ad litem has been appointed for any of the child’s minor siblings;

(5) the length of time that the child has been under the care, custody and control of an individual other than a birth parent, even if such individual is other than the Prospective Adoptive Parents;

(6) the circumstances under which the child became freed for adoption, including the name of the judge who terminated parental rights if the petition and proposed agreement are not being presented to the court that heard the termination of parental rights petition or confirmation of consent petition;

(7) the length of time that the child has been in the care and custody of the Prospective Adoptive Parents;

(8) whether the proposed agreement will impact the child’s adjustment to the home, school and community of the Prospective Adoptive Parents;

(9) the names of any other persons who are not parties to the proposed agreement but who routinely would be present when the birth relatives who are parties to the proposed agreement have contact or communications with the child and the child’s interaction and relationship with such other persons;

(10) the willingness and ability of the signatory birth relatives to respect and appreciate the bond between the child and Prospective Adoptive Parents;

(11) the willingness and ability of the Prospective Adoptive Parents to respect and appreciate the bond between the child and the birth relatives who are parties to the proposed agreement;

(12) whether the petitioner is aware of any evidence or substantiated allegation that the child has been abused or neglected by the birth relatives who are parties to the proposed agreement; and

(13) that each petitioner has read and understands the petition and believes its filing and the proposed agreement to be in the best interests of the child.

(1) A copy of the proposed agreement signed by the Prospective Adoptive Parents and the involved birth relatives;

(2) The child’s signed consent if required under 23 Pa.C.S. § 2734; and

(3) Affidavits of all parties to the proposed agreement affirmatively stating that the proposed agreement was entered into knowingly and voluntarily and is not the product of coercion, fraud, or duress. The affidavits may be executed jointly or separately.

(d) Service of Petition.

(1) The petitioner shall mail a copy of the petition with exhibits and a notice that any responsive pleading must be filed with the clerk within 10 days from the date indicated on the petition or notice letter, whichever is later, to the following:

(A) all parties to the proposed agreement or their counsel, if represented;

(B) the individual or entity having custody of the child at the time of the petition’s filing;

(C) the child if he or she signed a separate written consent agreeing to the proposed agreement or signed the proposed agreement as evidence of his or her consent, or his or her attorney if acting as counsel;

(D) the child’s guardian ad litem if one has been appointed; and any minor sibling who signed a separate written consent agreeing to the proposed agreement or signed the proposed agreement as evidence of his or her consent, or his or her attorney if acting as counsel, or his or her guardian ad litem if one has been appointed.

(2) A certificate of service shall be appended to the petition or filed separately and contemporaneously with the filing of the petition, stating the date when the petition with exhibits and the notice for filing a timely responsive pleading was mailed by first-class United States mail, postage prepaid, to those listed in subparagraphs (1)(A)—(1)(D), as applicable.

(e) Guardian ad litem. Upon its own motion, or if requested by the petitioner or by any previously appointed guardian ad litem, the court shall appoint a new guardian ad litem or reappoint any prior guardians ad litem for any or all of the following:

(1) the child if one is not currently serving; and

(2) any minor siblings of the child entitled to be represented by a guardian ad litem pursuant to 23 Pa.C.S. § 2733(b).

(f) Court Review and Approval; Necessity of a Hearing and Notice of the Hearing.

(1) If, upon a review of the petition and the attached exhibits, the court determines that the proposed agreement is in the best interest of the child, the court may issue a decree approving the proposed agreement attached to the petition, provided, however, that any such decree shall not be issued less than 10 days after the date of service unless all of those entitled to notice under subparagraph (d)(1) of this Rule have signed consents, joined in the petition, or waived in writing the notice required herein.

(2) The court shall schedule and conduct a closed hearing under any one of the following circumstances:

(A) upon a review of the petition and the attached exhibits, the court cannot determine if the proposed agreement is in the best interest of the child;

(B) any person receiving notice of the filing of the petition under subparagraph (d)(1) files a responsive pleading in opposition to the petition; or

(3) Notice of the Hearing. The petitioner shall provide notice of the scheduled hearing to the same parties entitled to notice under subparagraph (d)(1) of this Rule and any other individual or entity that the court directs to receive notice.

(A) Notice of the hearing need not comport with the requirements of Rule 15.4. Notice of the hearing may be sent by first-class United States mail, postage prepaid, by electronic transmission, or by whatever other means will effectively inform everyone entitled to notice of the date, time, and place of the hearing.

(B) A certificate of service shall be presented to the court at the time of the hearing. The certificate of service shall indicate the method of notice and shall have attached thereto a copy of the notice, any affidavit by one who made personal service, any receipt cards for service sent by registered or certified mail, and any electronic receipt confirmation for service sent by electronic transmission.

(g) Court Decree. The court shall review and grant or deny the petition to approve the proposed agreement on or before the date of any adoption decree issued in accordance with 23 Pa.C.S. § 2902.

Although agreements providing for post-adoption contact and communication may be negotiated and entered without anyone seeking judicial approval, the court will enforce and provide remedies only for those agreements that receive court approval on or before the date when the adoption is finalized. See 23 Pa.C.S. § § 2735(c), 2738(c)(2).

Discussions about post-adoption contact and communication agreements should begin as early as possible, especially once all the necessary parties are identified. To this end, the courts can review and approve a proposed agreement for post-adoption contact and communication at any time after termination of parental rights and prior to finalization of the adoption. If practical, a hearing on the petition to approve an executed proposed agreement may be conducted immediately following a hearing to terminate parental rights by the same judge who presided over the termination hearing. This Rule establishes where the petition to approve the proposed agreement may be filed depending upon whether Prospective Adoptive Parents have been identified by the time of the hearing to terminate parental rights.

Section 2735 of the Adoption Act, 23 Pa.C.S. § 2735, does not indicate who is responsible for filing the petition seeking court approval of the proposed agreement for post-adoption contact and communication. The Orphans’ Court Procedural Rules Committee decided not to require a particular party to file the requisite petition in all instances, but rather, to allow the individuals to the proposed agreement and the agency or intermediary facilitating the negotiation and development of the proposed agreement to determine who should be responsible for drafting and filing the petition depending upon the resources and circumstances of all those involved.

Section 2735 of the Adoption Act, 23 Pa.C.S. § 2735, does not require a hearing in order for the court to approve the proposed agreement, and the Orphans’ Court Procedural Rules Committee decided not to impose an evidentiary hearing requirement in all instances. Nevertheless, given that one who has not attained the age of 18 cannot attest to a notary that he or she executed or consented to a proposed agreement voluntarily, knowingly, without coercion, fraud or duress, best practices would be for the court to conduct its own inquiry whenever a child or any of the child’s minor siblings signed a separate consent agreeing to the proposed agreement or signed the proposed agreement as evidence of such consent. At such hearing, the court can ensure that any individual who is a minor consented to or signed the proposed agreement voluntarily and fully understands the terms of the proposed agreement. Because section 2738(c)(3) of the Adoption Act, 23 Pa.C.S § 2738(c)(3), requires a child who has attained 12 years of age to consent to the proposed agreement, best practices would be to conduct an evidentiary hearing in these situations.

The court must find, either by reviewing the petition and exhibits or by conducting an evidentiary hearing, the proposed agreement, as submitted, is in the child’s best interests. Since the statute does not specify the standard of proof, this question will have to be determined by developing case law. Section 2734 does specify that the proposed agreement may not be enforced unless the child who has attained 12 years of age at the time of the agreement’s execution consents to the proposed agreement, thereby suggesting that a proposed agreement cannot be found to be in the best interests of a child who has attained 12 years of age and refuses to consent to the proposed agreement.

If the court finalizing the adoption will be different from the court that approved the Contact Agreement, the Contact Agreement must be filed with the clerk of the court that signs and enters the adoption decree under 23 Pa.C.S. § § 2902, 2907. Neither the statute nor these Rules impose that obligation on any one of the signatories to the Contact Agreement, except as provided in Rule 15.13.

The provisions of this Rule 15.12 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.13 Adoption.

(a) Petition. A petition for adoption under 23 Pa.C.S. § 2701 shall contain the following averments:

(1) the name, current address, any other addresses for the past five years, marital status, age, occupation, racial background and religious affiliation of the petitioners;

(2) the name of the adoptee as it appears on the birth certificate or certification of registration of the child’s birth;

(3) the relationship, if any, of the petitioners to the adoptee;

(4) whether the adoptee has resided with the petitioners, and if so, the length of time that adoptee has so resided with the petitioners;

(5) the name and address of the intermediary, if any;

(6) whether the home study and preplacement report under 23 Pa.C.S. § 2530, the Report of an Intention to Adopt under 23 Pa.C.S. § 2531, and the Report of Intermediary under 23 Pa.C.S. § 2533 have been filed;

(7) if there is no intermediary, if no Report of the Intermediary has been or will be filed, or if the adoptee has attained 18 years of age, all vital statistics and other information required in the Report of the Intermediary, so far as is applicable;

(8) whether the original birth certificate or certification of registration of the child’s birth has been filed with the clerk where the adoption petition is being filed, and if not whether a birth certificate or certification of registration of the child’s birth is attached to the petition as an exhibit, and if not previously filed or attached, the reason why it is has not been filed or is not attached, the efforts made to obtain the birth certificate or certification of registration of the child’s birth, and evidence available to establish a date and place of the adoptee’s birth;

(9) whether all the consents required by 23 Pa.C.S. § 2711 are attached to the petition as exhibits;

(10) whether the criminal history records information and child abuse clearance certificate for each Prospective Adoptive Parent prepared in accordance with 23 Pa.C.S. § 6344(b), (d)(1) are attached to the petition as exhibits;

(11) whether there are any court orders that remain in effect as of the date of the petition’s filing and which:

(A) terminate parental rights of any birth parent, presumptive father, or putative father of the adoptee;

(B) establish rights of guardianship or custody of the adoptee in any person or entity other than the birth parent; or

(C) establish or set forth any special conditions concerning placement, custody, guardianship, or adoption of the adoptee;

(12) whether there has been compliance with the Interstate Compact on the Placement of Children if 62 P.S. § § 761 et seq. applies to this placement;

(13) if any of the reports or exhibits listed in subparagraphs (a)(6)—(a)(12) have not been filed or are not attached to the petition, specific averments explaining why such reports have not been filed or exhibits have not been attached and the reasons showing cause why the court may enter a decree of adoption under 23 Pa.C.S. § 2901, notwithstanding the absence of all legal requirements having been met;

(14) whether the Prospective Adoptive Parents and the minor adoptee, if required by 23 Pa.C.S. § 2733(c), have been informed of the opportunity to enter into a Contact Agreement with any of the minor adoptee’s birth relatives;

(15) if an agreement for post-adoption contact and communication has been negotiated and executed by the Prospective Adoptive Parents and one of more birth relatives, an averment of one of the following, as applicable:

(A) the date of the order and the name of the court approving the Contact Agreement and that the Contact Agreement and court order are attached as exhibits to the petition; or

(B) a petition to approve the executed proposed agreement for post-adoption contact and communication has been submitted and is pending before the court or is being filed under a separate petition simultaneously with the filing of this petition;

(16) whether the adoptee will retain his or her given birth name or the adoptee’s proposed new name if a name change is desired;

(17) that the petitioners desire to have a ‘‘parent-child’’ relationship established between the petitioners and the adoptee; and

(18) that each petitioner has read and understands the petition and believes the adoptee’s needs and welfare will be promoted by the adoption.

(b) Exhibits. Unless the petition contains averments explaining why an exhibit is not attached, the following exhibits shall be attached to the petition:

(1) Unless previously filed with the clerk where the adoption petition is being filed, a birth certificate or certification of registration of the child’s birth.

(2) The consents required by 23 Pa.C.S. § 2711, as applicable.

(3) Unless previously filed, the Report of the Intermediary with the exhibits required under 23 Pa.C.S. § 2534.

(4) The criminal history records information and child abuse clearance certificate for each Prospective Adoptive Parent prepared in accordance with 23 Pa.C.S. § 6344(b).

(5) Copies of any court orders referenced in subparagraph (a)(11).

(6) Written approval by the Interstate Compact on the Placement of Children if 62 P.S. § § 761 et seq. applies to this placement.

(7) A verified statement from a representative of the agency or intermediary, counsel representing the agency or intermediary, or counsel representing any other party that written notice was provided to the Prospective Adoptive Parents and to the minor adoptee, if required by 23 Pa.C.S. § 2733(c), regarding the opportunity to enter into a Contact Agreement, that such notice was provided by hand delivery, by first-class United States mail, postage prepaid, to the last known address, or by electronic transmission in accordance with Rule 15.4(b)(1)(C), and the date(s) that such notice was provided. A copy of the notice shall accompany this verified statement.

(8) If previously approved, the Contact Agreement and the court order approving the Contact Agreement.

(1) Notice of the hearing on the petition for adoption shall be given to the birth parent, putative father, and presumptive father in accordance with Rule 15.4 unless the parental rights of such birth parent, putative father, or presumptive father were terminated in a prior proceeding.

(2) If, as part of the adoption hearing, the petitioners are seeking court approval of an executed proposed agreement for post-adoption contact and communication, the petitioner shall mail a copy of the petition to approve the proposed agreement and the accompanying exhibits in accordance with subparagraph (d)(1) of Rule 15.12 to the individuals and entities therein listed, shall file a certificate of service as provided in subparagraph (d)(2) of Rule 15.12, and shall provide notice of the adoption hearing to these individuals and entities as provided in subparagraph (f)(3) of Rule 15.12.

(d) Investigation. A petition for adoption shall be subject to investigation as prescribed by local rules. The investigation report shall cover the matters alleged in the petition, any other matters that may affect the welfare of the adoptee, and the information required by 23 Pa.C.S. § § 2535 and 2724.

(e) Hearing. The court shall schedule a hearing to allow for testimony pursuant to 23 Pa.C.S. § § 2721—2724. Petitioner(s) and the adoptee shall appear at the hearing. After a hearing, if the court determines that the adoption can be granted, the court shall enter a decree conforming to the requirements of 23 Pa.C.S. § § 2901-2902, 2904.

(1) If the petition for adoption contains averments requesting that the court waive a statutory requirement of the Adoption Act, the court shall determine if the petitioner has shown cause for failing to meet the statutory requirement and has demonstrated that the adoptee’s needs and welfare nevertheless will be best served by entering a decree of adoption.

(2) At the hearing on the petition for adoption, there shall be offered in evidence a report, verified by the petitioners or counsel, setting forth the amount of fees and expenses paid or to be paid to counsel, and any other fees, costs and expenses paid or to be paid to an intermediary or to any other person or entity, in connection with the adoption. The court may request an itemization of any of the amounts reported.

(f) Adult—Change of Name. When the person to be adopted is over the age of 18 years and desires to assume the surname of the adopting parents, evidence showing compliance with the law relating to change of name must be introduced before a decree will be made. See 54 Pa.C.S. § 702.

The court, in its discretion, can dispense with any statutory requirement of the Adoption Act for cause shown. See 23 Pa.C.S. § 2901. As a result, if petitioner is unable to satisfy all the prerequisites or attach all the exhibits required by the Adoption Act, the adoption petition should not be dismissed summarily. Rather, the petitioner should be afforded an opportunity to demonstrate why a statutory requirement has not or cannot be met and why the proposed adoptee’s best interests nevertheless are served by granting the adoption petition. In re Adoption of R.B.F. and R.C.F., 803 A.2d 1195 (Pa. 2002). If, upon reviewing the petition’s averments as to why a statutory requirement should be waived, the court determines that cause has been demonstrated, the court can grant the relief requested and dispense with the relevant statutory requirement without conducting a hearing. However, if the court is not inclined to waive the pertinent statutory requirement, the petitioner is entitled to a hearing and an opportunity to present evidence in support of the averments in the petition. See In re Adoption of R.B.F. and R.C.F.

Subparagraph (c)(1) of this Rule applies if a parent’s parental rights are being terminated as part of the hearing on the adoption petition. In such cases, the birth parent, putative father, or presumptive father whose rights are being terminated must receive notice of the adoption hearing in accordance with Rule 15.4. On the other hand, such persons do not need to be notified of the adoption hearing if (i) he or she previously consented to the adoption and his or her consent was confirmed by the court as provided in 23 Pa.C.S. § 2504 and Rule 15.9; (ii) he or she previously relinquished his or her parental rights as provided in 23 Pa.C.S. § § 2501, 2502 and Rule 15.7 or Rule 15.8 as applicable; or (iii) his or her parental rights were involuntarily terminated by the court as provided in 23 Pa.C.S. § § 2511 et seq. and Rule 15.10.

The provisions of this Rule 15.13 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.14 Registration of Foreign Adoption Decree.

(a) Adopting parents may petition the court in the county of their residence to register a foreign adoption decree so that it will be given full and final effect in this Commonwealth. The petition and final decrees shall be in substantially the form approved by the Supreme Court. See Appendix of Forms to these Rules. As part of the Petition to Register Foreign Adoption Decree, an adopted child’s name may be changed from that appearing on the foreign adoption decree if the adopted child has not yet attained 12 years of age.

(b) A foreign adoption decree previously registered or otherwise finalized by a court of this Commonwealth or of any other state may not be registered subsequently in another court of this Commonwealth.

(c) If the court determines that the foreign adoption decree can be registered, the court shall sign the final decree and shall direct the clerk to enter the date of the foreign adoption decree and identify the foreign court on the docket. The clerk shall send Form No. HD01273F, Certificate of Adoption of a Foreign-Born Child, and Form No. HD01275F, Statement of Citizenship and Residency, to the Department of Health, Division of Vital Records, along with a copy of U.S. Government Form N-560, Certificate of Citizenship, or a copy of the child’s United States passport, or both, if the documents have been provided by the adopting parents. The clerk shall issue to the adopting parents a certificate of adoption in accordance with 23 Pa.C.S. § 2907.

(d) If the court determines that the foreign adoption decree cannot be registered, the adopting parents shall proceed as applicable under the provisions set forth in the Adoption Act, 23 Pa.C.S. § § 2101 et seq., Rule 15.15 (specific to the adoption of a foreign born child), and local rules.

(e) Adopting parents who are eligible to register the foreign adoption decree under this Rule may, for any reason, proceed under Rule 15.15.

Pursuant to 23 Pa.C.S. § 2908(b), as amended by Act 96 of 2006, a set of forms, consisting of a Petition to Register Foreign Adoption Decree, Final Decrees approving and denying the Petition, and detailed Instructions for the pro se petitioners are set forth in the Appendix to these Rules.

The petition should be filed with the clerk of the Orphans’ Court, except in Philadelphia County, where it should be filed with the clerk of the Family Court Division. The petition and accompanying documents, including the final decree, are confidential and should be impounded and withheld from public inspection as provided in the Adoption Act, 23 Pa.C.S. § § 2906, 2907, 2908(f), and 2911—2937 and Rule 15.21.

The clerk shall make available to petitioner(s) the necessary Department of Health, Division of Vital Records forms: Form No. HD01273F, Certificate of Adoption of a Foreign-Born Child; and Form No. HD01275F, Statement of Citizenship and Residency.

A change of name from that appearing on the foreign adoption decree is permitted without the need to comply with the procedures of 54 Pa.C.S. § 702 if the adopted child is younger than 12 years of age. Cf. 23 Pa.C.S. § 2711(a)(1). If the foreign born adopted child is 12 years of age or older, then the adopted child and parent(s) either may proceed under Rule 15.15 or follow the procedures set forth in 54 Pa.C.S. § 702. In this latter situation, the adopted child and parent(s) would not be foreclosed by 54 Pa.C.S. § 702(b)(5)(ii) because the name change petition would not be in connection with any adoption proceeding as the foreign adoption is full and final and therefore completed.

A foreign born child who has been issued an IR-2, IR-3 or IH-3 United States Visa has had the adoption proceeding fully completed in the foreign country and the foreign adoption decree only needs to be registered here to be given the full force and effect of an adoption decree issued by this Commonwealth. However, situations may arise that necessitate proceeding under Rule 15.15 even though the foreign born child has been issued an IR-2, IR-3 or IH-3 United States Visa, such as the inclusion of an incorrect birth year on the foreign adoption decree, or other personal family reasons. Proceeding under Rule 15.15 is permitted; Rule 15.14 is not the exclusive means to obtain a Pennsylvania adoption decree and birth certificate for a foreign born adopted child.

Only one court, whether in this Commonwealth or another state, should exercise jurisdiction over the foreign adoption decree. Thus, if the foreign adoption decree has been registered or otherwise finalized in another state court, the adopting parents need not and should not register the foreign adoption decree in this Commonwealth under this Rule. In similar fashion, if the foreign adoption decree has been registered in this Commonwealth, and thereafter, another petitioner in this Commonwealth seeks to adopt this adopted individual, the subsequent proceeding will be a proceeding under the applicable provisions of the Adoption Act, 23 Pa.C.S. § § 2101 et seq. Such a situation could occur when the adopted child is to be adopted by a stepparent after divorce or death of the original adopting parents, or when, after termination of parental rights, the adopted child is to be adopted by Prospective Adoptive Parents different than the original adopting parents.

If the court determines that the foreign adoption is not a full and final adoption because the foreign born child has been issued an IH-4 or IR-4 Visa, the adopting parent(s) shall proceed under subdivision (d) of this Rule. See also Rule 15.15.

Notice of the opportunity to enter into a Contact Agreement is not required to be given to the birth parent(s) of a foreign born adopted child if such adopted child has been issued an IR-2, IR-3, or IH-3 United States Visa because the adoption was completed in the native country of the foreign born adopted child pursuant to the laws and rules of that country. Under Rule 15.14, the court is merely registering the foreign adoption decree, which evidences a completed adoption, and giving it the full force and effect of a Pennsylvania adoption.

The provisions of this Rule 15.14 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.15 Petition for Adoption of a Foreign Born Child.

(a) General Rule. Prospective Adoptive Parents or adopting parents who are residents of the Commonwealth may petition the court in any county as provided in 23 Pa.C.S. § 2302 to proceed with an adoption of their foreign born child who has entered the United States pursuant to an IR-2, IR-3, IH-3, IR-4 or IH-4 United States Visa.

(b) Required Documents. The following documents shall be filed in the following order with the clerk:

(1) Preliminary Decree;

(2) Final Decree;

(3) Petition for Adoption of a Foreign Born Child with a verification signed by the petitioners stating that the facts set forth therein are true and correct under penalties of 18 Pa.C.S. § 4904;

(4) Copy of United States Visa;

(5) Reports of investigations, home studies, preplacement and postplacement;

(6) Copy of birth certificate of foreign born child (if available), with an English translation for those birth certificates not in English, certified by the translator to be a true and correct translation;

(7) Copy of any other relevant foreign decrees and documents with an English translation for those decrees and documents not in English, certified by the translator to be a true and correct translation;

(8) Consents of any person or agency having custody or legal or physical rights to the child;

(9) Report of Intermediary (if an intermediary was involved) with a verification signed by the intermediary stating that the facts set forth therein are true and correct under penalties of 18 Pa.C.S. § 4904;

(10) Pennsylvania Department of Health, Division of Vital Records Form No. HD01273F, Certificate of Adoption of a Foreign-Born Child with Parts 1 and 2 (and Part 3, if applicable) completed;

(11) Pennsylvania Department of Health, Division of Vital Records Form No. HD01275F, Statement of Citizenship and Residency; and

(12) A copy of U.S. Government Form N-560, Certificate of Citizenship, or a copy of the child’s United States passport, or both, if the documents are available.

(c) Form of Documents. The Preliminary Decree, Final Decree, Petition for Adoption of a Foreign Born Child, and Report of Intermediary (if applicable) shall be in substantially the form approved by the Supreme Court. See Appendix of Forms to these Rules.

(d) Judicial Review and Hearing.

(1) Scope of Review. The petition and accompanying documents filed under this Rule shall be subject to review by the court as prescribed by the Pennsylvania Adoption Act, 23 Pa.C.S. § § 2101 et seq., Pennsylvania Orphans’ Court Rules and local rules.

(2) Home Study and Investigation. The court may rely in whole or in part upon a home study containing information required by 23 Pa.C.S. § 2530(b) and an investigative report containing information required by 23 Pa.C.S. § 2535(b) previously commissioned in the foreign adoption proceeding without regard to when such reports were prepared. The court may in its discretion require additional reports and investigations to be made in accordance with the Pennsylvania Adoption Act and local rules.

(3) Original Documents, Decrees and Translations. All original documents, decrees and translations must be available for review by the court upon request.

(4) Pre-adoption Requirements. In order to grant an adoption, the court must be satisfied that the pre-adoption requirements set forth in 23 Pa.C.S. § § 2530—2535 have been met. If the Prospective Adoptive Parents or adopting parents were Pennsylvania residents at the time that the United States Visa was issued to the foreign born child, the court may accept an IH or IR United States Visa as proof that the pre-adoption requirements have been met.

(5) Proof that the Child is an Orphan. In order to grant an adoption, the court must be satisfied that the adoptee is an orphan. The court may accept the IH or IR United States Visa of the child as proof that the foreign born child is an orphan.

(6) Hearing. The court shall schedule a hearing to allow for testimony pursuant to 23 Pa.C.S. § § 2721—2724. Petitioners and the adoptee or adopted child shall appear at the hearing. The court may in its discretion require the presence of additional persons, including a representative of the intermediary.

(e) Disclosure of Fees and Costs. At the hearing on the petition for adoption, there shall be offered in evidence a report, verified by the petitioners or counsel, setting forth the amount of fees, expenses, and costs paid or to be paid to counsel, and any other fees, costs and expenses paid or to be paid to an intermediary or to any other person or entity, in connection with the adoption of the foreign born adoptee or adopted child. The court may request an itemization of any of the amounts reported.

(f) Final Decree. After the hearing, the court shall determine if the adoption of the foreign born child can be granted, and if so, the court shall enter a decree as provided in 23 Pa.C.S. § 2902.

(g) Clerk of the Appropriate Court. Upon the filing of a decree granting the adoption under this Rule, the clerk shall enter the decree and date of the decree on the docket. The clerk shall send Form No. HD01273F, Certificate of Adoption of a Foreign-Born Child, and Form No. HD01275F, Statement of Citizenship and Residency, to the Department of Health, Division of Vital Records, along with a copy of U.S. Government Form N-560, Certificate of Citizenship, or a copy of the child’s United States passport, or both, if the documents have been provided by the Prospective Adoptive Parents or adopting parent(s). The clerk shall issue to the Prospective Adoptive Parents or adopting parent(s) a certificate of adoption in accordance with 23 Pa.C.S. § 2907.

(h) Only One Court May Assume Jurisdiction. Prospective Adoptive Parents or adopting parent(s) shall not proceed under this Rule if the foreign adoption has been registered or otherwise finalized by a court of this Commonwealth or any other state.

Pursuant to 23 Pa.C.S. § 2908(e), as amended by Act 96 of 2006, a set of forms, consisting of a Petition for Adoption of a Foreign Born Child, Report of Intermediary, Preliminary Decree, and Final Decree are set forth in the Appendix to these Rules.

In most instances, the adopting parent(s) of a foreign born adopted child who has entered the United States with an IR-2, IR-3 or IH-3 United States Visa will not need to proceed under Rule 15.15, but can register the foreign adoption decree pursuant to Rule 15.14. Situations may arise, though, that necessitate proceeding under this Rule, such as the inclusion of an incorrect birth year on the foreign adoption decree, or other personal family reasons. In these situations, adopting parent(s) of a foreign born adopted child entering the United States with an IR-2, IR-3, or IH-3 United States Visa may proceed under Rule 15.15; however, adopting parent(s) should be advised by counsel of the additional costs, additional documentation required, and the delay caused by the need for a hearing.

If a foreign born adoptee has entered the United States with an IH-4 or IR-4 United States Visa, the Prospective Adoptive Parents must proceed under Rule 15.15.

Only one state court, whether in this Commonwealth or another state, should exercise jurisdiction over the registration of the foreign adoption decree or the completion of the adoption initiated in the native country of the foreign born child. Thus, if the adoption has been finalized or the foreign adoption decree has been registered in another state court or in another court within this Commonwealth, the adopting parents need not and should not proceed under this Rule. In similar fashion, if the adoption of the foreign born adopted child has been finalized in this Commonwealth, and thereafter, another petitioner seeks to adopt this adopted individual, the subsequent proceeding will be a proceeding under the applicable provisions of the Adoption Act, 23 Pa.C.S. § § 2101 et seq. Such a situation could occur when the adopted child is to be adopted by a stepparent after divorce or death of the original adopting parents, or when, after termination of parental rights, the adopted child is to be adopted by Prospective Adoptive Parents different than the adopting parents.

The documents referenced in Rule 15.15 should be filed with the clerk of the Orphans’ Court, except in Philadelphia County, where they should be filed with the clerk of the Family Court Division. The petition and accompanying documents under this Rule, including the decree granting the adoption, are confidential and should be impounded and withheld from public inspection as provided in the Adoption Act, 23 Pa.C.S. § § 2906, 2907, 2908(f), and 2911—2937 and Rule 15.21.

The clerk shall make available to the petitioners the necessary Department of Health, Division of Vital Records forms: Form No. HD01273F, Certificate of Adoption of a Foreign-Born Child; and Form No. HD01275F, Statement of Citizenship and Residency.

Notice of the opportunity to enter into a Contact Agreement is not required to be given to the birth parent(s) of a foreign born child under either Rule 15.14 or Rule 15.15. If the adopted child has been issued an IR-2, IR-3, or IH-3 United States Visa, then the adoption has been completed in the native country of the foreign born adopted child pursuant to the laws and rules of that country. If the foreign born child has been issued an IR-4 or IH-4 United States Visa, then the child has been determined to be an orphan and the parental rights of the child’s parents have been terminated pursuant to the laws of the child’s native country. The child thus has no legal parents to receive notice. See Rule 15.15(d)(5).

The provisions of this Rule 15.15 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.16 Notice and Service in Subsequent Petitions Regarding Contact Agreements.

(a) Service of the Petition.

(1) The petitioner shall mail by first-class United States mail, postage prepaid a copy of any petition to modify, enforce, or discontinue the Contact Agreement and a notice that a responsive pleading must be filed with the clerk within 20 days from the date indicated on the petition or notice letter, whichever is later, to the following:

(A) all parties to the Contact Agreement;

(B) the adopted child who is the subject of the Contact Agreement if he or she has attained 12 years of age at the time of the petition’s filing;

(C) any sibling of the adopted child who has continuing contact or communication with the adopted child under the terms of the Contact Agreement; and

(D) all counsel who entered an appearance for any party, including appearing as counsel or guardian ad litem for the adopted child, in the proceeding to approve the Contact Agreement or who have filed an entry of an appearance in the current proceeding.

(2) A certificate of service shall be appended to the petition or filed separately and contemporaneously with the filing of the petition, stating the date when the petition and the notice for filing a timely responsive pleading was mailed by first-class, United States mail, postage prepaid, to those listed in subparagraphs (1)(A)—(1)(D), as applicable.

(b) Service of Notice of the Hearing on the Petition.

(1) The petitioner shall provide notice of any scheduled hearing on a petition to modify, enforce, or discontinue the Contact Agreement to the same parties entitled to notice under subparagraph (a)(1) of this Rule and any other individual or entity that the court directs to receive notice.

(2) Notice of the hearing need not comport with the requirements of Rule 15.4, and notice of the hearing may be sent by first-class United States mail, postage prepaid, by electronic transmission, or by whatever other means will effectively inform everyone entitled to notice of the date, time, and place of the hearing.

(3) A certificate of service shall be presented to the court at the time of the hearing. The certificate of service shall indicate the method of notice and shall have attached thereto a copy of the notice, any affidavit by one who made personal service, any receipt cards for service sent by registered or certified mail, and any electronic receipt confirmation for service sent by electronic transmission.

The provisions of this Rule 15.16 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.17 Petition to Modify a Contact Agreement.

(a) General rule. By filing a petition under 23 Pa.C.S. § 2737 with the court that entered the adoption decree, the adopting parents or the adopted child, if he or she has attained 12 years of age, may seek to modify the Contact Agreement.

(b) Contents of petition to modify. The petition to modify the Contact Agreement shall set forth specific averments to establish the following facts:

(1) the age and birth date of the adopted child;

(2) the date when the court approved the Contact Agreement and that such date was on or before the date of the adoption decree;

(3) whether the adopted child was then represented by a guardian ad litem;

(4) whether the adopted child either signed a separate written consent agreeing to the Contact Agreement or signed the Contact Agreement as evidence of his or her consent, or that the adopted child had not attained 12 years of age at the time of the execution of the Contact Agreement;

(5) whether there are siblings of the adopted child who have continuing contact or communication with the adopted child under the terms of the Contact Agreement, and if so, the names, ages, and birth dates of such siblings, the names of previously appointed guardians ad litem, if any, and who such guardian ad litem represented;

(6) a description of the proposed modification; and

(7) the reasons why the proposed modification will serve the needs, welfare and best interest of the adopted child.

(d) Service. The petition shall be served in accordance with Rule 15.16(a) and notice of any scheduled hearing shall be provided in accordance with Rule 15.16(b).

(e) Decree. After a hearing, if the court finds by clear and convincing evidence that modification of the Contact Agreement shall serve the needs, welfare and best interest of the adopted child, the court shall enter a decree so modifying the Contact Agreement as necessary.

Section 2741(b) provides that a guardian ad litem may be appointed to represent siblings who have not attained 18 years of age in a proceeding to enforce or discontinue a Contact Agreement, but does not specifically mention a proceeding to modify a Contact Agreement. 23 Pa.C.S. § 2741(b)(1). However, the court has inherent powers to appoint a guardian ad litem whenever the court finds that the interests of a minor are not adequately represented by others who are sui juris.

The evidentiary standard of clear and convincing evidence is statutorily mandated. See 23 Pa.C.S. § 2737(b).

The provisions of this Rule 15.17 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.18 Petition to Enforce a Contact Agreement.

(a) General Rule. By filing a petition under 23 Pa.C.S. § 2738, any party to the Contact Agreement, the adopted child, or a sibling who has continuing contact or communication with the adopted child under the terms of the Contact Agreement may seek to enforce the terms of the Contact Agreement.

(b) Contents of petition to enforce. The petition to enforce the Contact Agreement shall set forth specific averments to establish the following facts:

(1) the age and birth date of the adopted child;

(2) the date when the court approved the Contact Agreement and that such date was on or before the date of the adoption decree;

(3) whether the adopted child was then represented by a guardian ad litem;

(4) whether the adopted child either signed a separate written consent agreeing to the Contact Agreement or signed the Contact Agreement evidencing his or her consent, or that the adopted child had not attained 12 years of age at the time of the execution of the Contact Agreement;

(6) whether the party seeking enforcement is in substantial compliance with the terms of the Contact Agreement;

(7) the identity of the party who has breached the Contact Agreement and the nature and circumstances of the breach; and

(8) that enforcement of the Contact Agreement serves the needs, welfare and best interest of the adopted child.

(d) Service. The petition shall be served in accordance with Rule 15.16(a) and notice of any scheduled hearing shall be provided in accordance with Rule 15.16(b).

(e) Decree and Remedies. After a hearing, if the court finds that the petitioner is in substantial compliance with the terms of the Contact Agreement and also finds by clear and convincing evidence that enforcement of the Contact Agreement serves the needs, welfare and best interest of the adopted child, the court shall enter a decree directing specific performance of the Contact Agreement.

The evidentiary standard of clear and convincing evidence is statutorily mandated. See 23 Pa.C.S. § 2738(d)(2). For purposes of determining where to file a petition to enforce a Contact Agreement, petitioner should consider 23 Pa.C.S. § 2738(a) and 23 Pa.C.S. § 2738(e)(2).

The provisions of this Rule 15.18 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.19 Petition to Discontinue a Contact Agreement.

(a) General rule. By filing a petition under 23 Pa.C.S. § 2739 with the court that entered the adoption decree, any party to the Contact Agreement or the adopted child if he or she has attained 12 years of age may seek to discontinue the Contact Agreement.

(b) Contents of petition to discontinue. The petition to discontinue the Contact Agreement shall set forth specific averments to establish the following facts:

(1) the age and birth date of the adopted child;

(2) the date when the court approved the Contact Agreement and that such date was on or before the date of the adoption decree;

(3) whether the adopted child was then represented by a guardian ad litem;

(6) the reasons why the petitioner seeks to discontinue the Contact Agreement; and

(7) why discontinuance of the Contact Agreement serves the needs, welfare and best interest of the adopted child.

(d) Service. The petition shall be served in accordance with Rule 15.16(a) and notice of any scheduled hearing shall be provided in accordance with Rule 15.16(b).

(e) Decree. After a hearing, if the court finds by clear and convincing evidence that discontinuance of the Contact Agreement shall serve the needs, welfare and best interest of the adopted child, the court shall enter a decree discontinuing the Contact Agreement.

The evidentiary standard of clear and convincing evidence is statutorily mandated. See 23 Pa.C.S. § 2739(b).

The provisions of this Rule 15.19 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.20 Collection of Documents and Maintenance of Court File.

(a) The clerk where parental rights were terminated and the clerk where the adoption decree is entered shall maintain as a permanent court file all court records pertaining to the adoption, including the docket, all petitions, exhibits, reports, notes of testimony, decrees and other filed legal papers.

(b) The clerk where parental rights were terminated and the clerk where the adoption decree is entered shall also accept the following items that shall then become part of the permanent court file:

(1) a statement of medical, personal, or social history information filed by a birth parent, a survivor of a deceased birth parent, the adopted individual who is sui juris, the legal or natural guardian of a non-sui juris adopted individual, or the descendant of a deceased adopted individual;

(2) a form promulgated by the Department containing medical, personal, or social history information completed by an individual named in subparagraph (1);

(3) an authorization or consent form signed by a birth parent permitting the release of identifying information, including, but not limited to, any signed form promulgated by the Department to authorize the release of identifying information and any signed form promulgated by the Department of Health granting the issuance of a summary of the adopted individual’s original birth record with identifying information about the birth parent;

(4) a form signed by a birth parent withholding the release of identifying information or revoking a prior authorization or consent given, including any such form promulgated by the Department or the Department of Health that is signed by the birth parent; and

(5) a notification from the Department given in accordance with 23 Pa.C.S. § 2915(c)(4) that an agency has closed and transferred its case records to another agency.

(c) In addition to the documents listed in paragraphs (a) and (b), the clerk where the adoption decree is entered shall also accept the following items that shall then become part of the permanent court file:

(1) an authorization or consent form signed by an adopted individual permitting the release of identifying information, or any form signed by an adopted individual withholding the release of identifying information or revoking a prior authorization or consent given, including any such form promulgated by the Department or the Department of Health that is signed by the adopted individual;

(2) requests for non-identifying or identifying information; and

(3) records or documents from an attorney who represented an individual in the adoption proceeding or who acted as counsel or as the guardian ad litem for the child, the minor birth parent, or a minor sibling of the child; provided that, the records and written documents concern the child, the birth family or the adopting family, such records and documents are in the format required by local rule, and the filing fee, if any, is paid.

(d) The clerk where parental rights were terminated shall copy and forward any statement of medical, personal, or social history information and forms signed by a birth parent authorizing the release of identifying information, withholding the release of identifying information, or revoking previously given authorizations as follows:

(1) a completed document in the form promulgated by the Department shall be forwarded to the Pennsylvania Adoption Information Registry (‘‘PAIR’’); and

(2) documents in whatever form or format shall be forwarded to the clerk where the adoption decree has been entered if the court entering the adoption decree is known or reasonably ascertainable from information in the court file of the court that terminated parental rights.

(e) All documents described in subparagraphs (b)(1), (b)(2), (b)(3), (b)(4), (c)(1), and (c)(3) shall be stamped with the date of receipt and an acknowledgement of receipt shall be sent to the individual who filed the document or the clerk who sent the document.

In order to avoid confusion, the term ‘‘court file,’’ rather than ‘‘court records,’’ is being used to describe all documents that can be part of the court’s file because ‘‘court records’’ is statutorily defined in 23 Pa.C.S. § 2911 to include only the petition, exhibits, reports, notes of testimony, decrees and other papers pertaining to the judicial proceeding.

The statute directs that notice of the filing of a statement of medical, personal, or social history information shall be given to ‘‘the individual who is at least 21 years of age and whom the information is intended to benefit, if known or identified in its records.’’ 23 Pa.C.S. § 2934(e)(2). Rule 15.22(g) provides the procedure for determining who is the person intended to be benefitted and how notice of the filing of this Statement shall be provided to that intended beneficiary. Because the procedure in Rule 15.22(g) requires the filing of an initial request for information and because all requests for information are filed through the clerk where the adoption decree is entered, it is that court, and not the court that terminated parental rights, that shall review the statement of medical, personal, or social history information, determining who is the individual intended to be benefitted and whether and how information is to be provided to that individual. The clerk where parental rights were terminated need only forward the statement of medical, personal, or social history information to the clerk where the adoption decree is entered, if such court is known or can be readily identified from items in the court file, and to the Pennsylvania Adoption Information Registry (‘‘PAIR’’) if the completed Statement is in the form promulgated by the Department.

PAIR has a website (www.pagov-pair.org) and is requesting that any statement of medical, personal, or social history information be forwarded electronically in a .pdf format. The clerk shall forward the Statement to PAIR in a .pdf format as filed.

Notwithstanding the development of forms by the Department, the statute does not limit or restrict what statements and forms the clerk can accept from birth parents, adopted individuals or their statutorily permissible representatives. Thus, in keeping with the spirit of the statute, clerks are encouraged to accept any document that reveals medical, personal, or social history information from a birth parent, adopted individual, his or her statutorily permissible representative, descendants of a deceased adopted individual, or survivors of a deceased birth parent. Likewise, clerks are encouraged to accept and maintain any form or statement that reasonably can be construed as providing authorization or consent to release identifying information, withholding such authorization or consent, or revoking a prior authorization or consent given. The local courts are also free to adopt, through the promulgation of local rules, their own forms for such uses. The Department has designed sample forms for the local courts to use or to modify for use.

Because requests for identifying information are permitted to be filed only with the clerk where the adoption decree is entered, only the clerk where the adoption decree is entered shall accept requests for non-identifying or identifying information and forms from the adopted individual authorizing the release of identifying information or withholding or revoking such authorization. See 23 Pa.C.S. § 2931(a). Despite the preceding sentence, the statute implies that the clerk where parental rights were terminated must accept and maintain as part of its court file an authorization or consent to release identifying information or any document withholding or revoking such authorization signed by a birth parent. See 23 Pa.C.S. § § 2933(a)(2)—(4). For this reason, Rule 15.20(d)(2) requires the clerk where parental rights were terminated to forward a copy of any such signed authorization or consent form or any document withholding or revoking authorization or consent to the clerk where the adoption decree is entered, if known, thereby streamlining the efforts required by the court that entered the adoption decree if a request for non-identifying or identifying information is later filed.

Finally, attorneys representing a party to an adoption proceeding or representing a child thereto either as counsel or as a guardian ad litem are permitted to forward their records and information only to the clerk where the adoption decree is entered. 23 Pa.C.S. § 2916. In this age of document management and given the judiciary’s limited financial and physical resources, the attorney representing an agency may not deposit his or her records with the court as the agency already has record-keeping requirements imposed by the Department. See 23 Pa.C.S. § 2915. Moreover, the court, by local rule, may adopt procedures for attorneys forwarding documents to be retained in the court file, e.g., on a disc, CD-ROM, or other electronic format. The court may charge reasonable fees for the acceptance and retention of an attorney’s records. See 23 Pa.C.S. § 2913 (‘‘Any court. . .may charge reasonable fees for services provided under this chapter.’’).

The provisions of this Rule 15.20 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.21 Privacy; Withholding the Court File from Inspection.

(a) All court records and all other documents in the court file, including, but not limited to, completed statements of medical, personal, or social history information, signed authorization or consent forms, signed forms withholding or revoking authorization, requests for identifying or non-identifying information, and attorney records shall be withheld from inspection except as provided by 23 Pa.C.S. § § 2931 et seq. and Rule 15.22.

(b) Except as provided in (d), the docket, court records, and all other documents in the court file shall be closed.

(c) Certificates of adoption shall be issued as provided in 23 Pa.C.S. § 2907, reciting that the court has granted the adoption, but not disclosing the names of the birth parents or the name of the adopted individual before adoption.

(d) No decision under the Adoption Act of any hearing judge or an appellate court publicly reported or in any other way made available to the public by the court shall disclose the identity of the individual parties.

The provisions of this Rule 15.21 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

231 Pa. Code Rule 15.22 Dissemination and Release of Information in the Court File.

(a) One seeking non-identifying or identifying information or contact shall file a written request with the clerk where the adoption decree was entered and the written request shall contain the following information to the extent known:

(1) the name of the court that entered the adoption decree and the date of the adoption decree;

(2) the requester’s relationship to the adoption proceeding as the adopted individual, the adopting parents, the adopted individual’s legal guardian, a descendant of the adopted individual, a birth parent, a parent of a birth parent, or a birth sibling of the adopted individual; and

(A) If the requester is the adopted individual, the adopted individual’s birth date and that he or she has attained 18 years of age.

(B) If the requester is an adopting parent, the adopted individual’s birth date and that the adopted individual has not attained 18 years of age or has attained 18 years of age and been adjudicated incapacitated, including attaching a copy of the court decree of incapacity, or that the adopted individual is deceased, including attaching a copy of the death certificate.

(C) If the requester is a legal guardian of the adopted individual, the adopted individual’s birth date and that the adopted individual has not attained 18 years of age or has attained 18 years of age and been adjudicated incapacitated, including attaching a copy of the court decree of incapacity.

(D) If the requester is a descendant of the adopted individual, a statement that the adopted individual is deceased, including attaching a copy of the death certificate.

(E) If the requester is a parent of a birth parent, a statement that the birth parent either consents to the request for information or contact, has been adjudicated incapacitated, or is deceased, including attaching a signed copy of the birth parent’s consent, a copy of the court decree of incapacity, or a copy of the death certificate, as applicable.

(F) If the requester is related to the adopted individual as a sibling through either one or both of the birth parents, the birth date of the requester, that the requester has attained 21 years of age, and that either the requester remained in the custody of his or her parent and that this birth parent consents to the request for information or contact, has been adjudicated incapacitated, or is deceased, including attaching a signed copy of the birth parent’s consent, a copy of the court decree of incapacity, or a copy of the death certificate, as applicable, or that the requester was adopted out of the birth family or did not remain in the custody of the birth parent, including a copy of the requester’s adoption decree or the court order granting legal or physical custody of the requester to another.

(3) a general description of the individual who is the subject of the request explaining the subject’s relationship to the adoption proceeding as the adopted individual, a birth parent, a parent of a birth parent, or a birth sibling of the adopted individual. In addition:

(A) If the subject of the request is the adopted individual, the adopted individual’s birth date and that the adopted individual has attained 21 years of age.

(B) If the subject of the request is a parent of a birth parent, the adopted individual’s birth date, that the adopted individual has attained 21 years of age, and that the birth parent either consents to the request for information or contact, has been adjudicated incapacitated, or is deceased, including attaching a signed copy of the birth parent’s consent, a copy of the court decree of incapacity, or a copy of the death certificate, as applicable.

(C) If the subject of the request is related to the adopted individual as a sibling through either one or both of the birth parents, the birth dates of both the adopted individual and his or her birth sibling, that both the adopted individual and the birth sibling have attained 21 years of age, and that either the birth sibling remained in the custody of his or her parent and that this birth parent consents to the request for information or contact, has been adjudicated incapacitated, or is deceased, including attaching a signed copy of the birth parent’s consent, a copy of the court decree of incapacity, or a copy of the death certificate, as applicable, or that the birth sibling was adopted out of the birth family or did not remain in the custody of the birth parent, including a copy of the birth sibling’s adoption decree or the court order granting legal or physical custody of the birth sibling to another.

(b) The clerk shall accept and date stamp the request before forwarding it to the court for review and consideration.

(c) Upon a review of the request for non-identifying or identifying information or contact, the court shall determine if it is the proper court to handle the request, if the requester is permitted to seek the requested information or contact by 23 Pa.C.S. § 2931(a), and if the request inquires about an individual who can be the subject of the request per 23 Pa.C.S. § 2931(b).

(1) If the court cannot affirmatively answer all three of the questions in paragraph (c), the court shall notify the requester that his or her request for information is denied and the reasons for its denial.

(2) If the court affirmatively answers all three of the questions in paragraph (c), the court shall proceed under paragraphs (d) and (e), as applicable.

(d) If the request is for only non-identifying information, an authorization or consent to release information is not needed. To the extent available and provided that the information will not reveal the identity of the subject of the request or compromise the confidentiality of the relationship between the adopted individual and his or her birth parent(s), the court shall provide a written report containing information such as the date, time and location of the adopted individual’s birth; the adopted individual’s birth weight and other physical characteristics; where the adopted individual’s birth parents were born; the age of the birth parents when the adopted individual was born; the marital status of the birth parents when the adopted individual was born; the facts and circumstances relating to the nature and cause of the adoption; the nationality, ethnic background, race, tribal affiliation, and religious preference of the adopted individual’s birth parents; the educational level, course of study, general occupation, talents and hobbies of the adopted individual’s birth parents; a general physical description of the adopted individual’s birth parents and other birth relatives, including height, weight, color of hair, color of eyes, complexion, and other similar information; whether other children were born to the adopted individual’s birth parent, and if so, available non-identifying information about these children; information regarding the adopted individual’s birth grandparents; the name of the agency involved in the adoption; the length of time the adopted individual was in the custody of an adopting parent; whether the adopted individual was ever placed in foster care, and if so, the number of foster care placements, the beginning and end dates of each foster care placement, and any significant occurrences in any foster care placement; and available health history of the adopted individual and the adopted individual’s birth relatives, including psychological and psychiatric information which may have an effect on the adopted individual’s physical or mental health. This report shall be made available to the requester as provided by local rule or practice.

(e) If the request is for identifying information or contact, the court shall appoint an Authorized Representative who shall determine if the court file includes an unrevoked authorization or consent from the individual who is the subject of the request:

(1) If the court file does include such authorization or consent, the Authorized Representative shall determine whether and how to deliver the requested identifying information to the requester or arrange for contact between the requester and the subject of the request and then shall either respond to the requester or report to the court if the Authorized Representative believes one of the circumstances described in subparagraph (3) exists.

(2) If the court file does not include such an authorization or consent, the Authorized Representative shall proceed in accordance with 23 Pa.C.S. § 2933 and his or her training and thereafter shall either respond to the requester or report to the court if the Authorized Representative believes one of the circumstances described in subparagraph (3) exists.

(3) The court shall not grant a request and shall not provide identifying information under either of the following circumstances:

(A) dissemination of the requested identifying information will compromise the identify or confidentiality of an individual who has not authorized release of the identifying information, and after appointing an Authorized Representative, the Authorized Representative reports to the court that such individual either cannot be located, or after being located, refuses to consent to the release of such identifying information; or

(B) dissemination of the requested identifying information could cause physical or emotional harm to the requestor or others, as determined by the court either with or without the assistance of a report from the Authorized Representative, and in such cases, the court shall issue an order to this effect setting forth the basis of its findings.

(f) Anyone requesting an original birth record or a summary of the original birth record shall be directed to contact the Department of Health.

(g) Upon the filing of a statement of medical, personal, or social history information, or a statement updating such information, or if either is received from the clerk where parental rights were terminated, the clerk where the adoption decree is entered shall send notice as follows:

(1) if the statement contains information about a birth parent, notice of its filing shall be sent to the adopted individual, the adopting parents, the legal guardian of an incapacitated adopted individual, or descendants of a deceased adopted individual, only if such person, at any time prior, had filed a request for non-identifying or identifying information that was approved by the court or was then denied by the court due only to the age of the requester or the age of the subject of the request; or

(2) if the statement contains information about the adopted individual, notice of its filing shall be sent to the birth parents, any legal guardian of a birth parent, the parents of a deceased birth parent, and in limited circumstances to a birth sibling, but only if such person, at any time prior, had filed a request for non-identifying or identifying information that was approved by the court or was then denied by the court due only to the age of the requester or the age of the subject of the request.

(3) Notice under this subparagraph (g) shall be provided to the individual at the address listed on the request for non-identifying or identifying information or at the last updated address in the court file.

(4) Notice shall inform the individuals that a statement of medical, personal, or social history information or a statement updating such information has been received, the date of its filing, and that the information contained in the statement may be provided either in redacted form or with identifying information upon the filing of new request for non-identifying or identifying information.

(5) If a new request for non-identifying or identifying information is thereafter filed, the request shall contain the information required in paragraph (a) and shall be processed as provided in paragraphs (b), (c), (d), and (e) as applicable.

(h) The court may permit reasonable fees to be charged for the filing, handling, and processing of any request for non-identifying or identifying information, and the fees may vary depending upon the time and efforts involved, the extent of information made available to the requester, whether an Authorized Representative is appointed by the court, and the extent of any search required.

The handling of requests for non-identifying information, identifying information, or contact will largely be dictated by local rule, custom and practice. Judges, law clerks, or court personnel experienced in adoptions should handle and address requests for non-identifying information and only an appointed Authorized Representative duly trained by the Department should handle and address all requests for identifying information. The statute has very specific rules as to who may request non-identifying and identifying information and the age or existence of one individual may change the requester’s right to have the request answered. See 23 Pa.C.S. § 2931(a). Further, the statute is specific about who can be the subject of a request. See 23 Pa.C.S. § 2931(b). Consequently, requests for non-identifying and identifying information or contact should be reviewed by those trained in the law or otherwise well versed in this statute.

The statutory deadlines set forth in 23 Pa.C.S. § 2932 for a court to notify a requester of the court’s receipt of a non-identifying information request and to fulfill the request are not incorporated in this Rule because these deadlines are procedural and compliance may not be practical in all cases. The statutory deadlines are aspirational, rather than mandatory. Individual judges must view the specific circumstances when enforcing a request for information and a non-response.

If the court believes that a request for identifying information or contact could cause physical or emotional harm to the requestor or others, the court shall issue an order to this effect that can be appealed by the requestor in accordance with 23 Pa.C.S. § 2936(b).

The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

History

Source: The provisions of this Rule 15.22 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.

Chapter 8016 PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT

231 Pa. Code Rule 16.1 Definitions; Scope.

(a) As used in this Rule, the following words shall have the following meaning: ‘‘Act’’—the Act of June 11, 1982, P.L. 476, No. 138, as amended, 18 Pa.C.S. § 3201 et. seq., known as the Abortion Control Act; ‘‘Applicant’’—a pregnant woman: (i) who is less than eighteen years of age and not emancipated or (ii) a person acting on behalf of a pregnant woman who has been adjudged an incapacitated person pursuant to Chapter 55 of Title 20 (relating to incapacitated persons); ‘‘Application’’—a legal paper, including a motion or petition; ‘‘Court’’—the Orphans’ Court Division of the Court of Common Pleas, except in proceedings brought: (a) in Philadelphia in which the applicant is a minor in which case the term ‘‘court’’ means the Family Court Division; (b) in Allegheny County where said proceedings shall be heard in the Juvenile Court Section of the Family Court Division;

Note

See Rule of Judicial Administration 2157 governing distribution of business within courts of common pleas. ‘‘Proceeding’’—a proceeding pursuant to Section 3206(c) of the Act, 18 Pa.C.S. § 3206(c).

Note

Section 3206(c) of the Abortion Control Act relates to proceedings seeking authorization for a physician to perform an abortion.

(b) The procedure set forth in Chapter 16 shall govern proceedings pursuant to Section 3206(c) of the Act, 18 Pa.C.S. § 3206(c).

Note

These rules implement Section 3206 of the Abortion Control Act and work with that section to provide a full procedure. Procedures which are set forth in that section rather than the rules include the following:

Participation in the proceeding and representation by an attorney, Section 3206(e). The court shall be responsible for adopting a procedure to assure that the court advises the pregnant woman of her right to counsel and that counsel is appointed upon her request;
Conduct of the hearing, including the exclusion of persons, evidence to be heard and notices to be given the applicant, Section 3206(f)(3) and (4) and Section 3206(h); and
Specific factual findings and legal conclusions by the court in writing, Section 3206(f)(1).

Section 3206 of the Act provides for an ‘‘expedited appeal.’’ See Rule 3801 et. seq. of the Rules of Appellate Procedure, which provide a complete procedure governing the appeal.

Pa.R.A.P. 3804 requires that the court reporter, without charge to the applicant, transcribe the notes of testimony and deliver them to the clerk of the court by 5:00 o’clock p. m. of the business day following receipt of the notice of appeal to the Superior Court.

The provisions of this Rule 16.1 amended and effective November 26, 1984, 14 Pa.B. 4503; amended December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; amended December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial pages (323261) to (323262).

History

Source: The provisions of this Rule 16.12 adopted December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; reserved October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323265).

231 Pa. Code Rule 16.2 Confidentiality.

(a) The proceeding shall be confidential.

Note

See subparagraph (b) of this rule governing the sealing of the record. See Rule 16.6 for provisions governing docketing. See Section 3206(f)(3) of the Act for the exclusion of persons from the hearing.

(b) The record, including the application, pleadings, submissions, transcripts, exhibits, orders, evidence, findings and conclusions and any other written material to be maintained, shall be sealed.

The provisions of this Rule 16.2 amended and effective November 26, 1984, 14 Pa.B. 4503; reserved March 31, 1994, effective immediately, 24 Pa.B. 1956; amended December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; amended December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323262).

History

Source: The provisions of this Rule 16.12 adopted December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; reserved October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323265).

231 Pa. Code Rule 16.3 Precedence of Proceeding.

The proceeding shall be given such precedence over other pending matters as will ensure that the court renders a decision within three business days of the date of the filing of the application.

The provisions of this Rule 16.3 amended and effective November 26, 1984, 14 Pa.B. 4503; reserved March 31, 1994, effective immediately, 24 Pa.B. 1956; amended December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555. Immediately preceding text appears at serial page (188397).

History

Source: The provisions of this Rule 16.12 adopted December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; reserved October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323265).

231 Pa. Code Rule 16.4 Commencement; Venue; No Filing Fees.

(a) The proceeding shall be commenced by filing an application in the appropriate division of the court of common pleas of the county in which the applicant resides or in which the abortion is sought.

(b) No filing fees or court costs shall be required of the applicant.

The provisions of this Rule 16.4 amended and effective November 26, 1984, 14 Pa.B. 4503; reserved March 31, 1994, effective immediately, 24 Pa.B. 1956; amended December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; amended December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (379785).

History

Source: The provisions of this Rule 16.12 adopted December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; reserved October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323265).

231 Pa. Code Rule 16.5 Application; Contents; Form of Verification; Assistance in Preparation.

(a) The application shall set forth the following:

(1) the initials of the applicant;

(2) the age of the applicant;

(3) the names and addresses of each parent, guardian or, if the petitioner is a minor whose parents are deceased and no guardian has been appointed, any other person standing in loco parentis to the applicant;

(4) a statement that the applicant has been fully informed of the risks and consequences of the abortion;

(5) a statement whether the applicant is of sound mind and has sufficient intellectual capacity to consent to the abortion;

(6) a prayer for relief asking the court to enter an order authorizing a physician to perform an abortion upon applicant;

(7) an unsworn verification by the applicant stating that the information therein is true and correct and that the applicant is aware that any false statements made in the application are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities; and

(8) the signature of the applicant, which may consist of the applicant’s initials.

(b) Where necessary to serve the interest of justice, the court shall refer the applicant to the appropriate personnel for assistance in preparing the application.

The provisions of this Rule 16.5 amended and effective November 26, 1984, 14 Pa.B. 4503; reserved March 31, 1994, effective immediately, 24 Pa.B. 1956; amended December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; amended October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; amended December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial pages (379785) to (379786).

History

Source: The provisions of this Rule 16.12 adopted December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; reserved October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323265).

231 Pa. Code Rule 16.6 Dockets; Document Maintenance.

(a) Each court shall maintain a sealed docket which is not open to public inspection.

(b) The proceeding shall be docketed by case number only.

(d) Documents pertaining to the proceeding shall be maintained in a closed file which shall be marked ‘‘confidential’’ and identified by the case number only.

The provisions of this Rule 16.6 amended and effective November 26, 1984, 14 Pa.B. 4503; reserved March 31, 1994, effective immediately, 24 Pa.B. 1956; amended December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; amended December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (379786).

History

Source: The provisions of this Rule 16.12 adopted December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; reserved October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323265).

231 Pa. Code Rule 16.10 Form; Generally.

The form of application by a minor and form of separate unsworn verification shall be prepared and filed in substantial conformity with the forms approved by the Supreme Court.

Note

Additional averments will be required for an application filed on behalf of a person who has been adjudged an incapacitated person pursuant to Chapter 55 of Title 20 (relating to incapacitated persons).

The provisions of this Rule 16.10 adopted December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; amended October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; amended December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323265).

History

Source: The provisions of this Rule 16.12 adopted December 9, 1994, effective March 1, 1995, 24 Pa.B. 6555; reserved October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760; reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial page (323265).