THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CHS. 1900 AND 1910]

Order Amending Rule 1910.13-2 and Revising the Comment to Rule 1901.7; No. 429 Civil Procedural Rules; Doc. No. 5

[35 Pa.B. 2994]

Order

Per Curiam:

   And Now, this 9th day of May, 2005, Pennsylvania Rule of Civil Procedure 1910.13-2 and the Explanatory Comment to Pennsylvania Rule of Civil Procedure 1901.7 are amended as follows.

   To the extent that prior distribution and publication of these amendments would otherwise be required, it has been determined that the amendments are of a perfunctory nature and immediate promulgation 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 immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1900. ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

Rule 1901.7. Decision. Post-trial relief.

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Explanatory Note

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   Jurisdiction is also conferred on the [District Justices] magisterial district judges over the weekend if and when a judge of the court of common pleas is not available, but any temporary order of a [District Justice] magisterial district judge expires at the resumption of business of the common pleas court at the beginning of the week or within seventy-two (72) hours, whichever occurs first. The [District Justice] magisterial district judge is required immediately to certify his or her order to the common pleas court and the certification under the Act has the effect of commencing a proceeding in the common pleas court and invoking the other provisions of the Act.

*      *      *      *      *

   [Because of the need for prompt implementation of the Act the Committee has addressed itself only to the minimum procedural provisions necessary to make the Act effective pending further study particularly its relationship to the Child Protection Act of 1975, 11 P. S. 2201, et seq., and other problems.

   These minimal provisional Rules include, in Rule 1901, the identification of the proceedings and definitions.

   Rule 1902 provides for the commencement of the action by petition or by the filing of a certified order of a District Justice.

   Rule 1903 provides for service of process in the same manner as in an action in equity.

   Rule 1904 eliminates any defense pleadings. All matters are automatically at issue.

   Rule 1905 provides that the decision and exceptions shall be governed by Rule 1038 which regulates trial in assumpsit without a jury

   Because the exigency of the situation did not permit the Committee to follow its usual practice of submitting a Recommendation to the bench and bar for comments and suggestions prior to submission to the court, comments from the bench and bar after the rules are used in actual practice are invited.]

Explanatory Comment--2005

   Act 207-2004 amended numerous titles of the Pennsylvania Consolidated Statutes changing the title of ''district justice'' to ''magisterial district judge.'' The amendments to Rule 1901.7's Explanatory Comment--1977 reflect the change in title, make the comment gender-neutral and delete outdated material.

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.13-2. Form of Request for Bench Warrant and Supporting Affidavit. Form of Bench Warrant.

   (a)  Request for a bench warrant pursuant to Rule 1910.13-1 shall be in substantially the following form and shall be attached to the Bench Warrant form set forth in subdivision (b) of this rule:

[CAPTION]
REQUEST FOR BENCH WARRANT AND
SUPPORTING AFFIDAVIT

   1. ______ did not appear for a conference and/or hearing in the Court of Common Pleas of ______ County on the ____ day of ______ , [19]20 __ , which was scheduled by an order of court compelling this person's appearance, a copy of which is attached to this request.

*      *      *      *      *

   5.  I recommend that bail in this matter be set as follows:

[  ] No bail.
[  ] Bail to be set in the amount of ______ .
[  ] Bail to be determined by the [district justice]    magisterial district judge.

   Note: The following information should be supplied where the [district justice] magisterial district judge is given discretion in setting bail.

*      *      *      *      *

   (b)  The Bench Warrant entered by a court pursuant to Rule 1910.13-1 shall be in substantially the following form, and shall be attached to the Request for Bench Warrant form set forth in subdivision (a) of this rule:

[CAPTION]
BENCH WARRANT

   AND NOW, this __ day of ______ , [199]20 __ , the Sheriff of ______ County, or any constable, or police officer, or other law enforcement officer is hereby ordered to take ______ , residing at ______ , into custody for appearance before this Court.

*      *      *      *      *

   Bail in this matter shall be set as follows:

[  ] No bail.
[  ] Bail to be set in the amount of ______ .
[  ] Bail to be determined by the [district justice]    magisterial district judge.

   Official Note: Standards for setting bail are set forth in Rule of Criminal Procedure 525.
 

                  BY THE COURT: __________JUDGE

Explanatory Comment--2005

   Act 207-2004 amended numerous titles of the Pennsylvania Consolidated Statutes changing the title of ''district justice'' to ''magisterial district judge.'' The amendments to Rule 1910.13-2 reflect the change in title.

[Pa.B. Doc. No. 05-983. Filed for public inspection May 20, 2005, 9:00 a.m.]

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