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PA Bulletin, Doc. No. 11-31

THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 200 ]

Amendment of Rules 239 and 239.8 of the Rules of Civil Procedure; No. 539 Civil Procedural Rules Doc.

[41 Pa.B. 215]
[Saturday, January 8, 2011]

Order

Per Curiam

 And Now, this 15th day of December, 2010, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 239 and 239.8 of the Pennsylvania Rules of Civil Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 239. Local Rules.

*  *  *  *  *

 (c) Except as otherwise provided by Rule 239.8, to be effective and enforceable:

 (1) A local rule shall be in writing.

 (2) [Seven certified copies] One certified copy of the local rule shall be filed by the court promulgating the rule with the Administrative Office of Pennsylvania Courts.

 (3) Two certified copies of the local rule and a computer diskette containing the text of the local rule shall be distributed by the court promulgating the rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 Official Note: The diskette must (1) be formatted in one of the following formats: MS-DOS, ASCII, Microsoft Word, or WordPerfect, (2) contain the local rule text as reflected in the ''hard copy'' version of the rule, and (3) be labeled with court's name and address and computer file name. See 1 Pa. Code § 13.11(b).

 (4) One certified copy of the local rule shall be filed by the court promulgating the rule with the Civil Procedural Rules Committee, unless the rule relates to domestic relations matters, in which case it shall be filed with the Domestic Relations Procedural Rules Committee.

 (5) The local rule shall be kept continuously available for public inspection and copying in the office of the prothonotary or clerk of court. Upon request and payment of reasonable costs of reproduction and mailing, the prothonotary or clerk shall furnish to any person a copy of any local rule.

 Official Note: It is contemplated under subdivision (c)(5) that a separate consolidated set of local rules shall be maintained in the prothonotary's or clerk's office.

 The Administrative Office of the Pennsylvania Courts maintains a webpage containing the texts of local rules. That webpage is located at: [http;//www.courts.state. pa.us/judicial-council/local-rules/index.htm] http://www. pacourts.us/T/SpecialCourts/LocalRules.htm.

*  *  *  *  *

 (f) No civil action or proceeding shall be dismissed for failure to comply with a local rule.

 Official Note: See Rule of Judicial Administration 1952 governing the duties and authorities of the trial court in emergency actions. Rule 1952(B)(5) suspends the provisions of this rule during an emergency.

Rule 239.8. Local Rules. Promulgation. Publication. Effective Date.

*  *  *  *  *

 (d) A local rule or amendment promulgated pursuant to Rules 239.1 through 239.7 shall become effective upon publication on the Pennsylvania Judiciary's Web Application Portal.

 Official Note: See Rule of Judicial Administration 1952 governing the duties and authorities of the trial court in emergency actions. Rule 1952(B)(5) suspends local rule-making procedures during an emergency.

Explanatory Comment

 Recently, the Supreme Court adopted new rules of judicial administration governing the continuation of operations in the event of an emergency. New Rule of Judicial Administration 1952(B)(5) suspends the requirements of the statewide rules governing the promulgation of local rules. A cross-reference to new Pa.R.J.A. 1952 has been added to Rules 239 and 239.8. In addition, current Rule 239(c)(2) requires seven certified copies of a local rule to be sent to the Administrative Office of the Pennsylvania Courts. The amendment to that subdivision requires only one certified copy to be sent to the AOPC.

By the Civil Procedural Rules Committee

HONORABLE ROBERT C. DANIELS, 
Chair

[Pa.B. Doc. No. 11-31. Filed for public inspection January 7, 2011, 9:00 a.m.]


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