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PA Bulletin, Doc. No. 03-704

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1000]

Amendment of Notes to Rules 1023.1 and 1036; No. 386 Civil Procedural Rules; Doc. No. 5

[33 Pa.B. 1926]

Order

Per Curiam:

   And Now, this 2nd day of April, 2003, the Pennsylvania Rules of Civil Procedure are amended as follows:

   1.  The note following Rule 1023.1(e) is amended to read as follows.

   2.  The note following Rule 1036(a) is amended to read as follows.

   Whereas prior distribution and publication of these amendments would otherwise be required, it has been determined that the amendments are of a perfunctory nature and that immediate promulgation of the amendments is required in the interest of justice and efficient administration.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective June 1, 2003.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1000.  ACTIONS AT LAW

Subchapter A.  CIVIL ACTION

PLEADINGS

Rule 1023.1.  Scope. Signing of Documents. Representations to the Court. Violation.

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   (e)  Section 8355 of the Judicial Code, 42 Pa.C.S. § 8355, is suspended absolutely, in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c).

   Official Note:  Section 8355 of the Judicial Code provides for the certification of pleadings, motions and other papers.

   [See also Order of January 17, 1997, Civil Procedural Rules Docket No. 5, No. 269, suspending the following sections of the Health Care Services Malpractice Act, added by Act No. 1996-135; Section 813-A, 40 P. S. § 1301.813-A, providing for the signing and certification of pleadings, motions and other papers and Section 821-A, 40 P. S. § 1301.821-A, providing for the signing and certification of a complaint.]

Rule 1036.  Dismissal Upon Affidavit of Noninvolvement.

   (a)  As used in this rule, ''action'' means an action subject to an Act of Assembly which provides for dismissal of the action as to a party based upon an affidavit of noninvolvement.

   Official Note:  Actions pursuant to the following Acts of Assembly are within the scope of this rule:  Section 7502 of the Judicial Code, 42 Pa.C.S. § 7502, an action for negligence against a construction design professional and [Section 827-A of the Health Care Services Malpractice Act, 40 P. S. § 1301.827-A] Section 506 of the Medical Care Availability and Reduction of Error (Mcare) Act, 40 P. S. § 1303.506, a medical [malpractice] professional liability action naming a health care provider as a defendant.

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[Pa.B. Doc. No. 03-704. Filed for public inspection April 18, 2003, 9:00 a.m.]


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