Pennsylvania Code
Title 201 - RULES OF JUDICIAL ADMINISTRATION
Chapter 1 - GENERAL PROVISIONS
Rule 108 - Construction of Rules. Intent of Supreme Court Controls
Universal Citation: 201 PA Code ยง 108
Current through Register Vol. 54, No. 12, March 23, 2024
(a) The object of all interpretation and construction of rules is to ascertain and effectuate the intention of the Supreme Court.
(b) Every rule shall be construed, if possible, to give effect to all its provisions. When the words of a rule are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.
(c) When the words of a rule are not explicit, the intention of the Supreme Court may be ascertained by considering, among other matters:
(1) precedent of the Supreme Court
interpreting the current rule;
(2) the
commentary accompanying the rule;
(3)
the rulemaking history;
(4) other
procedures governing the same or similar subjects;
(5) the practice followed under the
rule;
(6) the consequences of a
particular interpretation; and
(7) the
prior practice, if any, including other rules and Acts of Assembly, upon the same or
similar subjects.
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