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PA Bulletin, Doc. No. 02-1367

THE COURTS

PART I.  GENERAL

[231 PA. CODE CH. 200]

Rescission of Rules 214 and 215 and Promulgation of New Rule 214; No. 370 Civil Procedural Rules; Doc. No. 5

[32 Pa.B. 3886]

Order

Per Curiam:

   And Now, this 23rd day of July, 2002, the Pennsylvania Rules of Civil Procedure are amended as follows:

   I.  Rules 214 and 215 are rescinded.

   II.  New Rule 214 is promulgated to read as follows.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

Rule 214.  Preferences on Trial Lists.

   Preference shall be given in the preparation of trial lists to

   (1)  cases in which a new trial has been granted, and

   (2)  such cases as the court upon application and cause shown may designate.

Explanatory Comment

   Rule 214 governing preferences on trial lists formerly listed seven categories of cases that should be accorded priority. By the present amendment, five of the seven categories have been deleted. These categories were based generally upon statutes which have been repealed since the promulgation of the rule in 1938. The provision for preference of a case in which a new trial has been granted formerly in paragraph (d) and the catchall provision for cases designated for preference by the court upon cause shown formerly in paragraph (g) are retained as the bases for the revised rule.

   Prior to its rescission, Rule 215 required that a request for a preference be brought to the attention of the court and specified a procedure. The procedure is a matter of administration which need not be set forth in the rules of civil procedure. The requirement to apply for the preference is included in revised Rule 214.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 02-1367. Filed for public inspection August 9, 2002, 9:00 a.m.]


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