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PA Bulletin, Doc. No. 04-137

THE COURTS

Title 246--MINOR COURT CIVIL RULES

PART I. GENERAL

[246 PA. CODE CHS. 200, 300 AND 500]

Proposal to Amend Rule 209 and Rescind Rules 320 and 511 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

[34 Pa.B. 480]

   The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 209 and rescind Rules 320 and 511 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices to simplify and consolidate the rules relating to continuances. 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 Committee's Official Notes to the rules. The Supreme Court does not adopt the Committee's Official Notes or the contents of the explanatory reports.

   The text of the proposed changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.

   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
Fax 717-795-2175

or e-mail to: minorrules@pacourts.us

no later than Monday, February 23, 2004.

By the Minor Court Rules Committee

THOMAS E. MARTIN, Jr.,   
Chair

Annex A

TITLE 246.  MINOR COURT CIVIL RULES

PART I.  GENERAL

CHAPTER 200.  RULES OF CONSTRUCTION; GENERAL PROVISIONS

Rule 209.  [Grounds for continuances generally] Continuances.

   A.  Continuances may be granted for cause or by agreement.

   B.  Continuances shall be to a specific time and date. The district justice shall note continuances on the docket and shall promptly give or mail to the parties written notice of continuances.

   C.  Except for good cause shown,

   (1)  not more than one continuance shall be granted to each party, and

   (2)  the aggregate of all continuances shall not extend the date of the hearing

   (a)  beyond 90 days from the date of filing the plaintiff's complaint in proceedings commenced pursuant to Rule 303, or

   (b)  beyond 30 days from the date of filing the plaintiff's complaint in proceedings commenced pursuant to Rule 502.

   D.  In all proceedings governed by these rules the [The] following shall constitute cause for granting a continuance [under these rules]:

   (1)  [The] the scheduling of [counsel] a party's attorney of record to appear at any proceeding under the Pennsylvania Rules of Disciplinary Enforcement, whether[:]

   (a)  as counsel for a respondent-attorney before a hearing committee, special master, the Disciplinary Board, or the Supreme Court;

*      *      *      *      *

   (2)  [The] the scheduling of [counsel] a party's attorney of record to appear at any proceeding involving the discipline of a justice, judge, or district justice under Section 18 of Article V of the Constitution of Pennsylvania, whether[:]

   (a)  as counsel for a justice, judge, or district justice before the special tribunal provided for in 42 Pa.C.S. §  727, the Court of Judicial Discipline, the Judicial Conduct Board, or any hearing committee or other arm of the Judicial Conduct Board; or

   (b)  as a member of the Court of Judicial Discipline, the Judicial Conduct Board, or any hearing committee or other arm of the Judicial Conduct Board.

   Official Note:  [This rule sets forth certain grounds for the granting of a continuance under the various provisions of these rules relating to continuances, including Rule 320 and Rule 511.] This rule was amended in 2004 to consolidate the provisions of former Rules 320 (relating to continuances in civil actions) and 511 (relating to continuances in possessory actions) into one general rule governing continuances. The limitations set forth in subdivision C are intended to ensure that these cases proceed expeditiously. The grounds set forth in [this rule] subdivision D, of course, are not intended to be the only grounds on which a continuance will be granted.

CHAPTER 300. CIVIL ACTION

Rule 320.  [Continuances] (Rescinded).

   [Continuances of not more than thirty (30) days may be granted for cause or by agreement. Continuances shall be for a specific time and date and shall be noted on the original complaint form. A Notice of Continuance form stating the time and date of hearing shall be mailed to all parties. Not more than two continuances shall be granted to either party. See Rule 209.]

   Official Note:  [A limitation was placed upon the number of continuances to insure the expeditious handling of actions before district justices and to prevent a clogging of their dockets.] See Rule 209 governing continuances.

CHAPTER 500.  ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY

Rule 511.  [Continuances] (Rescinded).

   [Continuances may be granted for cause or by agreement. Continuances shall be to a specific time and date and shall be noted on the original complaint form. Continuances shall not be granted to extend the date of the hearing beyond thirty (30) days from the date the plaintiff's complaint is filed or, if the defendant files a cross-complaint, beyond twenty (20) days from the date that complaint is filed, whichever is the longer period from the filing of the plaintiff's complaint. The district justice shall promptly give written notice of a continuance to the parties on a Notice of Continuance form, but if a party has an attorney of record named in the complaint form, the notice, unless given at the hearing in the presence of the party, shall be given to the attorney instead of to the party. See Rule 209.]

   Official Note:  [The limitations in this rule are intended to insure expedition in the processing of these4 cases.] See Rule 209 governing continuances.

REPORT

Proposal to Amend Rule 209 and Rescind Rules 320 and 511 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

Continuances

I.  Background and Discussion

   In an ongoing effort to simplify and consolidate certain Rules of Conduct, Office Standards, and Civil Procedure for District Justices, the Minor Court Rules Committee (hereinafter the Committee) undertook a review of the rules relating to continuances. The Committee noted that there are currently three separate rules relating to continuances: Rule 209 (relating to grounds for continuances generally), Rule 320 (relating to continuances in civil actions), and Rule 511 (relating to continuances in possessory actions). The Committee was concerned about unnecessary duplication and confusion resulting from having three continuance rules. In addition, some members of the Committee expressed concern about the restrictions on the length of continuances, particularly in Rule 511, being unnecessarily complicated.

   Accordingly, the Committee proposes to consolidate all provisions relating to continuances in existing Rule 209,1 and to rescind Rules 320 and 511.

II.  Proposed Rule Changes

A.  Rule 209

   As indicated above, the Committee proposes that all provisions relating to continuances would be consolidated in Rule 209. Subdivision A of the amended Rule would retain the existing provisions from Rules 320 and 511 that continuances may be granted for cause or by agreement. Likewise, Subdivision B would retain the existing provisions that continuances must be to a time and date certain, and that the district justice must note continuances on the docket and notify the parties.

   Subdivision C of the amended Rule would incorporate the limitations on continuances from Rules 320 and 511 with some changes. Specifically, the Rule would provide that generally not more than one continuance may be granted to each party. In addition, the aggregate of all continuances would be limited to extending the date of the hearing

   *  not more than 90 days from the filing of the plaintiff's complaint in civil actions, or

   *  not more than 30 days from the filing of the plaintiff's complaint in possessory actions.

   The Committee believes that these time limitations are reasonable and would ensure that district justice cases proceed expeditiously, while allowing sufficient time for necessary continuances and taking into consideration the time frames for scheduling the original hearing date,2 service,3 and the filing of cross-complaints.4 The introductory clause of Subdivision C would also provide that the limitations on continuances apply except for good cause shown, giving the district justice discretion to grant continuances outside the limitations when necessary.

   Subdivision D of the amended Rule would incorporate, with only minor editorial changes, the existing provisions of Rule 209 relating to continuances because of scheduling conflicts with a party's attorney who must participate in attorney or judicial disciplinary proceedings.

B.  Rules 320 and 511

   In light of the Committee's proposed amendments to Rule 209, the Committee further proposes that Rule 320 (relating to continuances in civil actions) and Rule 511 (relating to continuances in possessory actions) be rescinded.

[Pa.B. Doc. No. 04-137. Filed for public inspection January 23, 2004, 9:00 a.m.]

_______

1  The placement of this Rule in Chapter 200 (Rules of Construction; General Provisions) makes it applicable to both civil actions (Chapter 300) and possessory actions (Chapter 500).

2  See Rules 305 and 504.

3  See Rules 307 and 506.

4  See Rules 315 and 508.


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