THE COURTS
Title 246--MINOR COURT CIVIL RULES
PART I. GENERAL
[246 PA. CODE CHS. 100 AND 300]
Proposed Rule 113 (Use of Facsimile Signature) and Amendment of Rule 317 (Subpoena of Witnesses)
[28 Pa.B. 2685]
Introduction The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania adopt proposed new Rule 113 (Use of Facsimile Signature) and amend Rule 317 (Subpoena of Witnesses). The proposal set forth when a district justice can authorize the use of a facsimile signature in lieu of an original signature on certain documents listed by the Administrative Office of Pennsylvania Courts. The proposal also allows the district justice to issue subpoenas requiring the production of documents or things. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
Please note that the Supreme Court does not adopt the Committee's Comments or Explanatory Comments to the Rules. Deletions are in bold and brackets, and additions are in bold.
We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through the interim chair,
District Justice Fred A. Pierantoni III
Interim Chair
Minor Court Rules Committee
City Hall
35 Broad Street
Pittston, PA 18640no later than Wednesday, July 22, 1998.
By the Minor Court Rules Committee:
FRED A. PIERANTONI III,
Interim Chair
Annex A
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 100. RULES AND STANDARDS WITH RESPECT TO OFFICES OF DISTRICT JUSTICES [Proposed new Rule 113 of the Rules of Civil Procedure Governing Actions and Proceedings Before District Justices. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.]
Rule 113. Proposed {Use of Facsimile Signature}
A district justice may authorize the use of a facsimile signature in lieu of an original signature on certain documents listed by the Administrative Office of Pennsylvania Courts. Such list shall include, but not be limited to, district justice time payment orders, notices of hearing or judgment and DL-38 forms. An original signature shall be required on all checks, reports, dispositions, affidavits, arrest and search warrants, subpoenas, commitments, complaints, court orders, emergency protection from abuse orders and certifications.
Comment This is in recognition that offices that perform similar functions use signature stamps or signatures signed by a clerk. 42 Pa.C.S.A. 1303 provides for the use of a signature stamp for traffic court judges. Similar arrangements are used for the clerk of courts, prothonotary, and register of wills. In Commonwealth v. Charles D. Emmanuel, Jr., 462 A.2d 653 (1983), the Pennsylvania Supreme Court, J. Flaherty, approved the use of a rubber stamp facsimile of the district attorney's signature on bills of information. Signature stamps are continually used by the clerks of courts, registers of wills, and prothonotaries for routine clerical functions.
Adopted ______ , effective ______ .
CHAPTER 300. CIVIL ACTION [Proposed amended Rule 317 of the Rules of Civil Procedure Governing Actions and Proceedings Before District Justices. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.]
Rule 317. Subpoena of Witnesses.
A district justice may issue subpoenas throughout the Commonwealth to require the attendance of witnesses in any cause of action triable before [him] the district justice. The subpoena may also require the person to produce at the time of hearing documents or things that are under the possession, custody or control of that person.
Amended June 30, 1982, effective 30 days after July 17, 1982. Amended ______ , effective ______ .
(See Explanatory Comment--1969 following Rule 301)
Explanatory Comment--1998 In adding the second sentence of this Rule, it was felt that this would more fully explain the nature of the subpoena and was taken from the Pa. Rules of Civil Procedure, Rule 243.1(a). The district justice retains discretion to limit the production of documents or things to that which is relevant to the cause of action before the district justice.
[Pa.B. Doc. No. 98-919. Filed for public inspection June 12, 1998, 9:00 a.m.]
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