THE COURTS
Title 246—MINOR
COURT CIVIL RULES
PART I. GENERAL
[ 246 PA. CODE CH. 200 ]
Proposed Amendment to Rule 207
[43 Pa.B. 2136]
[Saturday, April 20, 2013]The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania adopt an amendment to Rule 207 of the Minor Court Civil Rules. The Committee has not yet 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.
We request that interested persons submit written suggestions, comments, or objections concerning this proposal to the Committee through counsel,
Pamela S. Walker, Counsel
Supreme Court of Pennsylvania
Minor Court Rules Committee
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
Fax: 717-231-9546
or email to: minorrules@pacourts.usno later than June 20, 2013.
By the Minor Court Rules Committee
MARY P. MURRAY,
Chair
Annex A
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS Rule 207. Representation in Magisterial District Court Proceedings.
(A) In magisterial district court proceedings:
(1) Individuals may be represented by themselves, by an attorney at law, or by a representative with personal knowledge of the subject matter of the litigation and written authorization from the individual to appear as the individual's representative.
(2) Partnerships may be represented by an attorney at law, a partner, or by an employee or authorized agent of the partnership with personal knowledge of the subject matter of the litigation and written authorization from a partner to appear as the partnership's representative.
(3) Corporations or similar entities and unincorporated associations may be represented by an attorney at law, by an officer of the corporation, entity, or association, or by an employee or authorized agent of the corporation, entity, or association with personal knowledge of the subject matter of the litigation and written authorization from an officer of the corporation, entity, or association to appear as its representative.
(B) A representative, employee, or authorized agent:
(1) must provide verification of personal knowledge of the subject matter of the litigation, and
(2) may take no action on behalf of a party until the written authorization required under paragraph (A)(1), (2), or (3) is filed with the court.
Official Note: This rule is intended to permit a non-lawyer representative, employee, or authorized agent to appear on behalf of an individual, partnership, corporation or similar entity, or unincorporated association, but not to allow a non-lawyer to establish a business for the purpose of representing others in magisterial district court proceedings.
It is intended that the designation of a non-lawyer representative, employee, or authorized agent to represent a party is to apply only on a case-by-case basis. A party may not give blanket authorization for a non-lawyer representative, employee, or authorized agent to represent the party in all cases involving the party.
As to ''personal knowledge of the subject matter of the litigation'' see Pa.R.E. 602 and Comment.
A business organized as a sole proprietorship may be represented in the same manner as an individual under paragraph (A)(1).
See rules in Chapter 800 as to representation of minors and incapacitated persons by guardians.
REPORT
Proposed Amendment to Rule 207 of the
Minor Court Civil Rules
Verification by Non-Lawyer Representative, Employee or Authorized Agent I. Introduction
The Minor Court Rules Committee (the ''Committee'') is proposing an amendment to the rules of procedure governing actions in magisterial district courts. The goal of this rule change is to ensure that a non-lawyer representative, employee or authorized agent representing a party in a magisterial district court proceeding has personal knowledge of the subject matter of the litigation as required by Pa.R.C.P.M.D.J. No. 207.
II. Discussion
In 2006, the Supreme Court of Pennsylvania amended Pa.R.C.P.M.D.J. No. 207, clarifying who may represent certain parties in magisterial district court proceedings, and establishing an authorization procedure for non-lawyer representatives, employees and authorized agents of parties. Specifically, Rule 207 was amended to permit a non-lawyer representative, employee of authorized agent to appear on behalf of an individual, partnership, corporation or similar entity. Rule 207 requires that the authorized representative must have ''personal knowledge of the subject matter of the litigation.'' The rule requires the party to file a written authorization with the magisterial district court naming the non-lawyer representative, employee or authorized agent to act as the party's authorized representative. A written authorization form is available on the website of the Unified Judicial System for use by the public.
In 2012, the Administrative Office of Pennsylvania Courts advised the Committee that it received a request from a magisterial district judge to modify the written authorization form to include the party's verification that the authorized representative has personal knowledge of the subject matter of the litigation. After reviewing and discussing the request, the Committee concluded that a more direct way to ensure that the authorized representative has the requisite personal knowledge is to require the representative's verification.
III. Proposed Rule Changes
The Committee proposes adding a provision to Pa.R.C.P.M.D.J. No. 207(B) requiring that the representative, employee or authorized agent provide verification of the subject matter of the litigation.
[Pa.B. Doc. No. 13-700. Filed for public inspection April 19, 2013, 9:00 a.m.]
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