THE COURTS
Title 246--MINOR COURT CIVIL RULES
PART I. GENERAL
[246 PA. CODE CHS. 200--500]
Order Amending Rules 202 and 421, Adopting New Rules 213 and 214 and Rescinding Rules 317 and 510 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices; No. 204 Magisterial Doc. No. 1; Book No. 2
[33 Pa.B. 4663] The Minor Court Rules Committee has prepared a Final Report explaining the amendments to Rules 202 and 421, the adoption of new Rules 213 and 214, and the rescinding of Rules 317 and 510 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices, effective January 1, 2004. These rule changes add definitions and provide for subpoenas to attend and testify in civil and landlord and tenant proceedings before district justices. The changes also provide for several technical or ''housekeeping'' amendments to these rules. The Final Report follows the Court's Order.
Order Per Curiam:
And Now, this 3rd day of September, 2003, upon the recommendation of the Minor Court Rules Committee; the proposal having been published before adoption at 31 Pa.B. 7028 (December 29, 2001), 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 Pa. R.C.P.D.J. Nos. 202 and 421 are amended and new Pa. R.C.P.D.J. Nos. 213 and 214 are adopted in the following form, and Pa. R.C.P.D.J. Nos. 317 and 510 are rescinded.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective January 1, 2004.
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'' means the district justice before whom the action or proceeding is pending.
(2) ''Sheriff'' includes a deputy sheriff.
(3) ''Constable'' means a certified constable or a certified 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.]
''adult'' means an individual eighteen years of age or older;
''competent adult'' means an individual eighteen years of age or older who is (1) not an incapacitated person, (2) not a party to the action, and (3) not an employee or a relative of a party;
''constable'' means a certified constable or a certified deputy constable;
''district justice'' means the district justice before whom the action or proceeding is pending;
''incapacitated person'' means an incapacitated person as that term is defined under 20 Pa.C.S. § 5501 (relating to meaning of incapacitated person);
''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;
''subpoena'' means an order of the district justice commanding a person to attend and testify at a particular time and place; it may also require the person to produce documents or things which are under the possession, custody, or control of that person;
''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 September 3, 2003, effective January 1, 2004.
Rule 213. Subpoena to Attend and Testify.
A. A subpoena may be used to command a person to attend and to produce documents or things only at a trial or hearing in an action or proceeding pending before the district justice.
B. A subpoena may not be used to compel a person to appear or to produce documents or things ex parte before an attorney, a party, or a representative of the party.
Official Note: See Rule 202 for definition of ''subpoena.'' Compare Pa.R.C.P. No. 234.1. The district justice has discretion to limit the scope of subpoenas to persons, documents, or things that are relevant to the cause of action before the district justice. As to Subdivision B, see Rule 210.
Adopted September 3, 2003, effective January 1, 2004.
Rule 214. Subpoena; Issuance; Service.
A. District justices may issue subpoenas throughout the Commonwealth.
B. Upon the request of a party, the district justice may issue a subpoena signed and under the seal of the district justice. The district justice shall specify in the subpoena the name and address for service of the person subpoenaed; the date, time, and place at which the person is to appear; and a description of the documents or things that the person is to produce, if any.
C. A subpoena may be served upon any person within the Commonwealth by a competent adult
(1) by handing a copy to the person; or
(2) by handing a copy
(a) at the residence of the person to an adult member of the family with whom the person resides; but if no adult member of the family is found, then to an adult in charge of such residence; or
(b) at the residence of the person to the clerk or manager of the hotel, inn, apartment house, boarding house, or other place of lodging at which the person resides; or
(c) at any office or usual place of business of the person to the person's agent or other person for the time being in charge thereof.
Official Note: See Rule 202 for definition of ''subpoena.'' Compare Pa.R.C.P. Nos. 234.2 and 402(a).
The district justice has discretion to limit the scope of subpoenas to persons, documents, or things that are relevant to the cause of action before the district justice.
District justices may not issue subpoenas in blank.
Adopted September 3, 2003, effective January 1, 2004.
CHAPTER 300. CIVIL ACTION Rule 317. [Subpoena of Witnesses] (Rescinded).
[A district justice may issue subpoenas throughout the Commonwealth to require the attendance of witnesses in any cause of action triable before 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.]
Official Note: See Rule 213 governing subpoenas.
[Amended] Former Rule 317 amended June 30, 1982, effective 30 days after July 17, 1982; May 3, 1999, imd. effective; rescinded September 3, 2003, effective January 1, 2004.
[Explanatory Comment--1999]
[DELETE ENTIRELY]
CHAPTER 400. EXECUTION OF JUDGMENTS FOR THE PAYMENT OF MONEY Rule 421. Time for Hearing and Determination; [Subpoenas;] Effective Date of Orders and Determination.
A. The district justice shall hold hearings on matters to be determined [by him] under Rule 420 not later than five [(5)] days after they are filed [in his office], and [he] shall notify all parties in interest of the date and time of the hearing by telephone or other timely means of communication. [He] The district justice shall [make his] enter a determination not later than three [(3)] days after the hearing.
B. [At the time of the entry of the determination, the] The district justice shall promptly give or mail to the parties written notice of the determination. If a party has an attorney of record the written notice shall be given or mailed to the attorney of record instead of to the party. Notice of the determination shall contain advice as to the right of the parties to file a Statement of Objection, the time within which the statement must be filed, and that the statement is to be filed with the court of common pleas.
C. [The district justice may issue subpoenas throughout the Commonwealth to require the attendance of witnesses.] Rescinded.
D. Any stay of the whole or part of the execution proceedings ordered by the district justice shall be effective immediately. All other orders and determinations with respect to the whole or part of the execution proceedings shall not take effect until after the expiration of ten [(10)] days from [their] the date of entry of the order or determination.
Official Note:
* * * * * Subdivision [C] D provides that, except for stays, determinations and orders of the district justice concerning the execution proceedings shall not take effect until after the expiration of ten days from [their] the date of entry of the determination or order. This will give any aggrieved party in interest a chance to obtain a stay by filing a statement of objection in the court of common pleas during that period of time. See Rule [1016B] 1016.
* * * * * Amended June 1, 1971; April 25, 1979, effective in 30 days; June 30, 1982, effective 30 days after July 17, 1982; March 27, 1992, effective June 25, 1992; [The March 27, 1992, Order provided in part: ''In promulgating this Order, the Court recognizes that the District Justice Automation Project will be affected by said Rule changes and that, therefore, those Rules which affect the Project will become effective as the District Justice offices are brought on-line''] amended September 3, 2003, effective January 1, 2004.
CHAPTER 500. ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY Rule 510. [Subpoena of Witnesses] (Rescinded).
[A district justice may issue subpoenas throughout the Commonwealth to require the attendance of witnesses in any cause of action triable before 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.]
Official Note: [This rule is the same as Rule 317 governing subpoenas in civil actions.] See Rule 213 governing subpoenas.
[Amended] Former Rule 510 amended June 30, 1982, effective 30 days after July 17, 1982; amended December 15, 2000, effective January 1, 2001; rescinded September 3, 2003, effective January 1, 2004.
FINAL REPORT1
Amendments to Pa. R.C.P.D.J. Nos. 202 and 421; Adoption of Entirely New Pa. R.C.P.D.J. Nos. 213 and 214; and Rescinding Pa. R.C.P.D.J. Nos. 317
and 510
DEFINITIONS; SUBPOENAS TO ATTEND AND TESTIFY IN CIVIL AND LANDLORD/TENANT MATTERS On September 3, 2003, effective January 1, 2004, upon the recommendation of the Minor Court Rules Committee,2 the Supreme Court of Pennsylvania amended Rules 202 and 421, adopted entirely new Rules 213 and 214, and rescinded Rules 317 and 510 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices.3
I. Background
The Minor Court Rules Committee initially undertook a review of Rule 421 when it came to the Committee's attention that Rule 421C, that provides for the issuance of subpoenas in determination of property claims hearings (Rule 420 hearings), was not consistent with Rule 317 (relating to subpoena of witnesses in civil actions) and Rule 510 (relating to subpoena of witnesses in landlord/tenant actions). The Supreme Court had previously approved amendments to Rules 317 and 510 to provide for the issuance of subpoenas duces tecum. In recommending these amendments the Committee apparently overlooked the subpoena provision in Rule 421. The Committee had initially proposed that Rule 421 be amended to provide for the issuance of subpoenas duces tecum in Rule 420 hearings to make it consistent with the other subpoena rules. See 31 Pa.B. 2920 (June 9, 2001).
Upon consideration of comments received in response to that initial proposal, however, the Committee revised its proposal. The Committee received comments suggesting that three separate rules governing subpoenas caused unnecessary duplication and confusion. The Committee agreed. Accordingly, the Committee recommended the addition of two new general rules governing subpoenas in the 200 Series (RULES OF CONSTRUCTION; GENERAL PROVISIONS). Further, the Committee recommended that Rules 317 and Rule 510 be rescinded, and that Rule 421 be amended to delete the references to subpoenas.
In addition, the Committee recommended amendments to Rule 202 (Definitions) to add five new definitions, as described below.
Finally, in conjunction with the amendments to Rules 202 and 421, the Committee also recognized the need for several technical or ''housekeeping'' amendments to these rules.
The Committee's revised proposal was published for public comment at 31 Pa.B. 7028 (December 29, 2001). The Committee received no comments regarding the revised proposal.
II. Discussion of Rule Changes
A. Rule 202
As indicated above, the Committee recommended that Rule 202 be amended to add five new definitions of words or phrases that are currently used in the rules or are used in the new subpoena rules. Relating to the subpoena rule changes, the Committee recommended that the terms ''competent adult'' and ''subpoena'' be defined.
* The Committee recommended the same definition for ''competent adult'' as is used in Pa.R.C.P. No. 76 be adopted in Pa. R.C.P.D.J. No. 202. New Rule 214C provides that subpoenas be served by a competent adult.4
* Likewise, the Committee recommended that substantially the same definition for ''subpoena'' as is used in Pa.R.C.P. No. 234.1 be adopted in Pa. R.C.P.D.J. No. 202. The definition provides for subpoenas to attend and testify as well as subpoenas duces tecum.
In addition, the Committee noted that the words ''adult'' and ''verified'' are used in the rules but were not defined.
* The Committee thought it important to distinguish between ''adult'' and ''competent adult'' since the latter term is used in New Rule 214C. The Committee recommended the same definition for ''adult'' as is used in Pa.R.C.P. No. 76 be adopted in Pa. R.C.P.D.J. No. 202.
* Upon review of the three instances where the word ''verified'' currently is used in the rules, the Committee determined that it also should be defined. The Committee recommended 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. 202.5
Finally, the Committee recommended that the term ''incapacitated person'' be defined because it is used in the definition of ''competent adult'' and elsewhere in the rules. The Committee recommended that the term be defined as it is in 20 Pa.C.S. § 5501 (relating to meaning of incapacitated person).6
In conjunction with the amendment to the rule to add the five definitions described above, the Committee also recognized the need for two technical amendments to this rule.
* First, the Committee recommended 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.
* In addition, the Committee recommended 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.
B. New Rule 213
As noted above, the Committee recommended an entirely new rule, Pa. R.C.P.D.J. No. 213, to generally provide for subpoenas in civil and landlord and tenant matters.
The new rule imposes limitations on the use of subpoenas. Subdivision A makes clear that subpoenas may be used to command a person to attend and to produce documents or things only at a trial or hearing in an action or proceeding pending before the district justice. Subdivision B makes clear that subpoenas may not be used to compel a person to appear or produce documents or things ex parte.
The Official Note to the new rule cross references Pa.R.C.P. No. 234.1 and Pa. R.C.P.D.J. Nos. 202 and 210. It also makes clear that the district justice has discretion to limit the scope of subpoenas to persons, documents, or things that are relevant to the cause of action before the district justice. A similar provision had been included in the Note to Rule 317, which has been rescinded.
C. New Rule 214
The Committee also recommended an entirely new Pa. R.C.P.D.J. No. 214 to further provide for the issuance and service of subpoenas.
Subdivision A of the new rule makes clear that district justices may issue subpoenas throughout the Commonwealth.
Subdivision B provides that upon request of a party, the district justice may issue a subpoena. This subdivision also specifies what information must be contained in the subpoena, including the name and service address of the person being subpoenaed; the date, time, and place at which the person is to appear; and a description of any documents or things the person is to produce. These procedures differ from practice in the courts of common pleas in two significant ways. First, the rule and Note make clear that a district justice may issue a subpoena and that the district justice has discretion to limit the scope of subpoenas to persons, documents, or things that are relevant to the cause of action. This differs from Pa.R.C.P. No. 234.2(a), which provides that the prothonotary shall issue a subpoena at the request of a party. The Committee was concerned that pro se parties may attempt to subpoena irrelevant persons or things; and recognized that there is no procedural mechanism for quashing a subpoena at the district justice level. Secondly, these procedures differ from common pleas practice in that certain information must be contained in the subpoena at the time of issuance. The Committee thought it unadvisable that district justices issue subpoenas in blank.
Subdivision C provides for service of subpoenas. Under the new rule, subpoenas may be served by a ''competent adult'' making personal service on the person being subpoenaed or another adult. The Committee specified that service be made by a ''competent adult'' (an adult who is not an incapacitated person, not a party, and not a relative or employee of a party) because of the close relationships between parties that are often seen in district justice cases. In addition, given the expedited nature of civil and landlord and tenant proceedings at the district justice level, the Committee did not believe that any form of service by mail is advisable.
The Official Note to the new rule cross-references Pa.R.C.P. Nos. 234.2 and 402(a), and Pa. R.C.P.D.J. No. 202. The Note also contains the same provision as in the Note to Rule 213 regarding the district justice's discretion to limit the scope of subpoenas.
D. Rules 317 and 510
In light of new Rules 213 and 214, the Committee further recommended that Rule 317 (relating to subpoena of witnesses in civil actions) and Rule 510 (relating to subpoena of witnesses in landlord and tenant actions) be rescinded.
E. Rule 421
The Committee recommended a number of amendments to Rule 421. First, regarding subpoenas, the Committee recommended that subdivision C, relating to subpoenas in determination of property claim hearings, be rescinded.
Secondly, in subdivision B, the Committee recommended minor changes to make the notice of determination requirement consistent with the notice requirement in Rule 324 relating to notice of judgment in civil actions.
Third, in subdivision D, the Committee recommended that the time period for filing a Statement of Objection run from ''the date of entry of the order or determination'' to make this time period consistent with the general appeal periods in civil and landlord/tenant actions that run from the date of entry of the judgment.
Finally, the Committee recommended minor changes to the rule to address gender neutrality issues, to correct cross-references in the Note, and to conform to modern drafting style.
[Pa.B. Doc. No. 03-1831. Filed for public inspection September 19, 2003, 9:00 a.m.] _______
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.
2 Recommendation No. 4 Minor Court Rules 2003.
3 Supreme Court of Pennsylvania Order No. 204, Magisterial Docket No. 1, Book No. 2 (September 3, 2003).
4 See discussion infra Part II.C.
5 A proposal to add the word ''verified'' to the Rule 202 definitions, and to make other format changes to Rule 202, was previously published at 31 Pa.B. 5938 (October 27, 2001). The Committee did not make any changes to that proposal, however it was incorporated into this recommendation as both proposals affected Rule 202.
6 20 Pa.C.S. § 5501 defines ''incapacitated person'' as ''an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.''
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