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PA Bulletin, Doc. No. 01-1451

THE COURTS

Title 246--MINOR CIVIL COURT RULES

PART I.  GENERAL

[246 PA. CODE CH. 100]

Order Amending Rule 113 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices; No. 128; Magisterial Doc. No. 1; Book No. 2

[31 Pa.B. 4391]

Introductory Statement

   The Minor Court Rules Committee has prepared a Final Report explaining the amendment to Rule 113 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices, effective September 1, 2001. This rule change deletes from the rule the list of specific documents that require an original signature thereby alleviating the necessity of amending the rule every time the Committee recommends that a document be added to or deleted from the list of documents approved for facsimile signature. The Final Report follows the Court's Order.

Order

Per Curiam:

   Now, this 23rd day of July, 2001, upon the recommendation of the Minor Court Rules Committee; the proposal having been published before adoption at 30 Pa.B. 3265 (July 1, 2000), and a Final Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 113 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices is amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective September 1, 2001.

Annex A

TITLE 246.  MINOR COURT CIVIL RULES

PART I.  GENERAL

CHAPTER 100.  RULES AND STANDARDS WITH RESPECT TO OFFICES OF DISTRICT JUSTICES

Rule 113.  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] shall be maintained by the Administrative Office of Pennsylvania Courts. All documents not so designated and maintained by the Administrative Office of Pennsylvania Courts shall require an original signature.

   Adopted May 3, 1999, imd. effective; amended July 23, 2001, effective September 2, 2001.

FINAL REPORT1

Amendment to Rule 113 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

   On July 23, 2001, effective September 1, 2001, upon the recommendation of the Minor Court Rules Committee, the Supreme Court of Pennsylvania amended Rule 113 (Use of Facsimile Signature) of the Rules of Conduct, Office Standards and Civil Procedure for District Justices.

I.  Background

   The Committee undertook a review of Rule 113 after it became apparent to the Committee that certain documents listed in the Rule as requiring an original signature were appropriate for a facsimile signature. Specifically, after Rule 113 became effective in 1999, the Committee received numerous requests from district justices to authorize the use of the facsimile signature on subpoenas. After careful consideration the Committee agreed that such a use was appropriate. However, Rule 113 specifically set forth that certain documents required an original signature, including subpoenas. Therefore, the Committee and the Administrative Office of Pennsylvania Courts were unable to authorize the use of the facsimile signature on subpoenas without recommending to the Supreme Court that the Court amend the rule. The Committee recognized that it would be burdensome to the Court and the Committee to amend the rule every time a new form is developed or circumstances change that may warrant the use or the discontinuance of use of the facsimile signature. Accordingly, the Committee recommended that the Court amend the rule so that the rule would no longer list the specific documents that require an original signature, thereby alleviating the necessity of amending the rule every time the Committee recommends that a form be added to or deleted from the list of documents approved for facsimile signature.

II.  Discussion of Rule Change

   As stated above, the Committee desired to amend Rule 113 to remove the list of specific documents requiring an original signature. To accomplish this, the Committee recommended that the list in the second sentence be deleted and substituted with general language that simply makes reference to a list of documents on which the facsimile signature is permitted. The list is to be maintained by the Administrative Office of Pennsylvania Courts. The amended rule makes clear that documents not on the list shall require an original signature. It is the intent of the rule that the Administrative Office would add documents to or delete documents from the list in consultation with the Committee.

[Pa.B. Doc. No. 01-1451. Filed for public inspection August 10, 2001, 9:00 a.m.]

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1  The Committee's Final Report should not be confused with the official Committee Notes to the Rules. Also, the Supreme Court of Pennsylvania does not adopt the Committee's Notes or the contents of the Committee's explanatory Final Reports.


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