Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Notice of Proposed
Rulemaking.
(1) Except as provided
in subdivision (a)(3), the initial proposal of a new or amended rule, including
any commentary that is to accompany the rule text, shall be:
(i) distributed by the proposing Rules
Committee to the Pennsylvania Bulletin for publication
therein; and
(ii) published on the
Unified Judicial System's website and shared on the System's applicable social
media accounts by using a hyperlink to the System website posting.
The proposal shall include a publication notice containing a
statement to the effect that written responses regarding the proposed rule or
amendment are invited and should be sent directly to the proposing Rules
Committee within a specified period of time, and a publication report from the
Rules Committee containing the rationale for the proposed
rulemaking.
(2)
Written responses relating to the proposal shall be sent directly to the
proposing Rules Committee within a specified number of days after the
publication of the rule or amendment in the Pennsylvania
Bulletin, and any written responses shall be reviewed by the said
Committee prior to action on the proposal by the Supreme Court. Any further
proposals which are based upon the written responses so received need not be,
but may be, published in the manner prescribed in subdivision (a)(1).
(3) A proposed rule or amendment may be
promulgated even though it has not been previously distributed and published in
the manner required by subdivisions (a)(1) and (a)(2), where exigent
circumstances require the immediate adoption of the proposal; or where the
proposed amendment is of a typographical or perfunctory nature; or where in the
discretion of the Supreme Court such action is otherwise required in the
interests of justice or efficient administration.
(b)
Rules Adopted or A mended by the
Supreme Court.
(1) Rules adopted or
amended by the Supreme Court, and any adoption report of the Rules Committee,
shall be filed in the office of the Prothonotary of the Supreme
Court.
(2) After an order adopting
a rule or amendment has been filed with the Prothonotary of the Supreme Court,
the Prothonotary shall forward a certified copy of the order, rule or
amendment, and any adoption report to:
(i) The
publisher of the official version of Supreme Court decisions and opinions who
shall cause it to be printed in the first available volume of the State
Reports.
(ii) The Legislative
Reference Bureau for publication in the Pennsylvania
Bulletin.
(iii) The
Administrative Office.
(c)
Rules of Judicial Administration
A d-opted by Other Courts and by Agencies of the System.
(1) As used in this subdivision, "local rule"
shall include every rule, administrative order, regulation, directive, policy,
custom, usage, form, or order of general application, however labeled or
promulgated, which is adopted or enforced by a court, council, committee,
board, commission or other agency of the unified judicial system to govern
judicial administration. This subdivision shall also apply to any amendment of
a local rule.
(2) Local rules shall
not be inconsistent with any general rule of the Supreme Court or any Act of
Assembly.
(3) When a local rule
under this subdivision corresponds to a general rule, the local rule shall be
given a number that is keyed to the number of the general rule.
(4) Reserved.
(5) All local rules shall be published in the
Pennsylvania Bulletin to be effective and enforceable.
(i) Reserved.
(ii) The adopting court or agency shall
distribute two paper copies of the local rule to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin. The
adopting court or agency also shall distribute to the Legislative Reference
Bureau a copy of the local rule on a computer diskette, CD-ROM, or other agreed
upon alternate format that complies with the requirements of 1 Pa. Code §
13.11(b).
(iii) The effective date
of the local rule shall not be less than 30 days after the date of publication
of the local rule in the Pennsylvania
Bulletin.
(6)
Contemporaneously with publishing the local rule in the
Pennsylvania
Bulletin, the adopting court or agency shall:
(i) file one copy of the local rule with the
Administrative Office;
(ii) publish
a copy of the local rule on the website of the court or county in which the
adopting court has jurisdiction; and
(iii) Thereafter compile the local rule
within the complete set of local rules no later than 30 days following
publication in the Pennsylvania Bulletin.
(7) A compilation of local rules shall be
kept continuously available for public inspection and copying in the respective
filing office and on the website of the adopting court or county in which the
adopting court has jurisdiction. Upon request and payment of reasonable costs
of reproduction and mailing, the respective court office shall furnish a person
with a copy of any local rule.
(8)
No pleading or other legal paper shall be refused for filing by the
prothonotary or clerk of courts based on a requirement of a local rule
unrelated to the payment of filing fees. No case shall be dismissed nor request
for relief granted or denied because of failure to initially comply with a
local rule. In any case of noncompliance with a local rule, the court shall
alert the party to the specific provision at issue and provide a reasonable
time for the party to comply with the local rule.
(d)
Rules of Procedure Adopted by
Other Courts of the System.
(1) For
the purpose of this subdivision, the term "local rule" shall include every
rule, administrative order, regulation, directive, policy, custom, usage, form
or order of general application, however labeled or promulgated, which is
adopted by a court of common pleas and the Philadelphia Municipal Court to
govern practice and procedure. This subdivision shall also apply to any
amendment of a local rule.
(2)
Local rules shall not be inconsistent with any general rule of the Supreme
Court or any Act of Assembly. A Rules Committee, at any time, may recommend
that the Supreme Court suspend, vacate, or require amendment of a local
rule.
(3) Local rules shall be
given numbers that are either keyed to the number of the general rules to which
the local rules correspond or assigned by the general rules.
(4) All proposed local rules shall be
submitted in writing to the appropriate Rules Committee for review. The
adopting court shall not proceed with the proposed local rule until it receives
written notification from the appropriate Rules Committee that the proposed
local rule is not inconsistent with any general rule of the Supreme
Court.
(5) All local rules shall be
published in the
Pennsylvania Bulletin to be effective and
enforceable.
(i) The adopting court shall not
publish the local rule in the Pennsylvania Bulletin until it
has received the written notification pursuant to subdivision (d)(4).
(ii) The adopting court shall distribute two
paper copies of the local rule to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin. The adopting court
also shall distribute to the Legislative Reference Bureau a copy of the local
rule on a computer diskette, CD-ROM, or other agreed upon alternate format that
complies with the requirements of 1 Pa. Code § 13.11(b).
(iii) The effective date of the local rule
shall not be less than 30 days after the date of publication of the local rule
in the Pennsylvania Bulletin.
(6) Contemporaneously with publishing the
local rule in the
Pennsylvania Bulletin, the adopting court
shall:
(i) file one copy of the local rule
with the Administrative Office;
(ii) publish a copy of the local rule on the
website of the court or county in which the adopting court has jurisdiction;
and
(iii) incorporate the local
rule in the complete set of local rules no later than 30 days following
publication in the Pennsylvania Bulletin.
(7) A compilation of local rules shall be
kept continuously available for public inspection and copying in the respective
filing office and on the website of the adopting court or county in which the
adopting court has jurisdiction. Upon request and payment of reasonable costs
of reproduction and mailing, the respective court office shall furnish a person
with a copy of any local rule.
(8)
No pleading or other legal paper shall be refused for filing based upon a
requirement of a local rule. No case shall be dismissed nor request for relief
granted or denied because of failure to initially comply with a local rule. In
any case of noncompliance with a local rule, the court shall alert the party to
the specific provision at issue and provide a reasonable time for the party to
comply with the local rule.