THE COURTS
Title 246—MINOR
COURT CIVIL RULES
PART I. GENERAL
[ 246 PA. CODE CH. 200 ]
Order Amending Rule 207 of the Minor Court Civil Rules; No. 363 Magisterial Doc.
[43 Pa.B. 5589]
[Saturday, September 21, 2013]
Order Per Curiam
And Now, this 6th day of September, 2013, upon the recommendation of the Minor Court Rules Committee; the proposal having been published for public comment at 43 Pa.B. 2136 (April 20, 2013):
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 207 of the Minor Court Civil Rules is amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective October 7, 2013.
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.
* * * * * (B) A representative, employee, or authorized agent:
(1) must provide written 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.
* * * * *
FINAL REPORT1
Recommendation 4-2013, Minor Court Rules Committee
Amendment to Rule 207 of the Minor Court Civil Rules
Verification by Non-Lawyer Representative, Employee or Authorized Agent On September 6, 2013, effective October 7, 2013, upon recommendation of the Minor Court Rules Committee,2 the Supreme Court of Pennsylvania approved an amendment to Rule 207 of the Minor Court Civil Rules.3
I. Background and Discussion
The Minor Court Rules Committee (the ''Committee'') recommended 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 (''Rule 207'').
In 2006, the Supreme Court of Pennsylvania amended Rule 207,4 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. The amendments to Rule 207 permitted a non-lawyer representative, employee or authorized agent to appear on behalf of an individual, partnership, corporation or similar entity, so long as the authorized representative had ''personal knowledge of the subject matter of the litigation.'' Rule 207 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. The 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 of ensuring that the authorized representative has the requisite personal knowledge was to require the representative's written verification, rather than the party's.
II. Approved Rule Changes
To address the issues discussed above, the Committee proposed adding a provision to Pa.R.C.P.M.D.J. No. 207(B) requiring that the representative, employee or authorized agent provide written verification of personal knowledge of the subject matter of the litigation.
[Pa.B. Doc. No. 13-1719. Filed for public inspection September 20, 2013, 9:00 a.m.] _______
1 The Committee's Final Report should not be confused with the Official Notes to the Rules. Also, the Supreme Court of Pennsylvania does not adopt the Committee's Official Notes or the contents of the explanatory Final Reports.
2 Minor Court Rules Committee Recommendation 4-2013.
3 Supreme Court of Pennsylvania Order No. 363, Magisterial Docket (September 6, 2013).
4 Supreme Court of Pennsylvania Order No. 230, Magisterial Docket No. 1, (June 1, 2006).
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