THE COURTS

Title 246--MINOR COURT CIVIL RULES

PART I.  GENERAL
[246 PA. CODE CH. 200]

[Correction]

Proposed Amendment to Rule 202 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

[31 Pa.B. 5938]

Introduction

   The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Pa. R.C.P.D.J. No. 202 to define the word ''verified'' as used in the rules, and to make other technical amendments to this rule. The Committee has not submitted this proposal for review by the Supreme Court of Pennsylvania.

   The following explanatory Report highlights the Committee's considerations in formulating this proposal. The Committee's Report should not be confused with the official Committee Notes to the rules. The Supreme Court does not adopt the Committee's Notes or the contents of the explanatory Reports.

   The text of the proposed changes precedes the Report.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel,

Michael F. Krimmel, Counsel
Supreme Court of Pennsylvania
Minor Court Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055

or e-mail to: minorcourt.rules@supreme.court.state.pa.us

no later than Wednesday, November 14, 2001.

By the Minor Court Rules Committee

FRED A. PIERANTONI, III   
Chair

Annex A

TITLE 246.  MINOR COURT CIVIL RULES

PART I.  GENERAL

CHAPTER 200.  RULES OF CONSTRUCTION; GENERAL PROVISIONS

Rule 202.  Definitions.

   As used in these rules, the following words and phrases shall have the following meanings 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:

   [(1)  District justice--The district justice, before whom the action or proceeding is pending.

   (2)  Sheriff--Includes a deputy sheriff.

   (3)  Constable means a deputy constable.

   (4)  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.]

   ''Constable'' means a certified constable or a certified deputy constable.

   ''District justice'' means the district justice before whom the action or proceeding is pending.

   ''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.

   ''Sheriff'' includes a deputy sheriff.

   ''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.

Official Note

*      *      *      *      *

   Amended April 25, 1979, effective in 30 days, June 30, 1982, effective 30 days after July 17, 1982; amended effective Dec. 1, 1983; amended July 16, 2001, effective August 1, 2001; amended ____ , effective  ____ .

REPORT

Proposed Amendment to Pa. R.C.P.D.J. No. 202

Amendment to Rule 202 to define the word ''verified'' as used in the rules

   The Committee undertook a review of Rule 202 when it discovered that the word ''verified'' was used in the rules but was not defined. Upon review of the three instances where the word currently is used in the rules, the Committee determined that it should be defined in Rule 202 (Definitions). The Committee proposes that the same definition for ''verified'' as is used in Pa.R.C.P. No. 76 be adopted in Pa. R.C.P.D.J. No. 202.

   In conjunction with the proposed amendment to the rule described above, the Committee also recognized the need for two technical amendments to this rule. First, the Committee proposes that the introductory language in the rule be amended to more closely mirror that in Pa.R.C.P. No. 76 so as to more clearly state how terms in the rules are to be defined and construed. Also, the Committee proposes that the rule be restructured to remove the numbered list of definitions and to list the definitions in alphabetical order. The Committee believes that this technical change will present the list of defined terms in a more logical order and will better facilitate future additions to or deletions from the list.

[Pa.B. Doc. No. 01-1881. Filed for public inspection October 19, 2001, 9:00 a.m.]

   

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