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PA Bulletin, Doc. No. 14-177

THE COURTS

Title 246—MINOR
COURT CIVIL RULES

PART I. GENERAL

[ 246 PA. CODE CH. 300 ]

Proposed Rules 302.1 and 302.2 of the Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges

[44 Pa.B. 479]
[Saturday, January 25, 2014]

 The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania adopt new Rules 302.1 and 302.2 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges. 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 new rules precedes the Report.

 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.us

no later than March 28, 2014.

By the Minor Court Rules Committee

MARY P. MURRAY, 
Chair

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 300. CIVIL ACTION

Rule 302.1 Dismissal for Lack of Personal Jurisdiction.

 A. The magisterial district judge may dismiss a complaint at any time for lack of personal jurisdiction.

 B. The magisterial district judge shall issue written notice of the dismissal to the parties.

 Official Note: This rule addresses dismissal due to lack of persona jurisdiction. Jurisdictional issues must be raised at a hearing. A party aggrieved by a determination regarding jurisdiction over the parties should follow the procedures for filing a praecipe for a writ of certiorari, set forth in Rule 1009.

Rule 302.2 Transfer of Action for Lack of Subject Matter Jurisdiction.

 A. When an action is commenced in a magisterial district court but the court does not have jurisdiction over the subject matter of the action, the magisterial district court shall not dismiss the action if there is another court of appropriate jurisdiction within the Commonwealth in which the action could originally have been brought.

 B. The magisterial district court shall transfer the action at the cost of the plaintiff to the court of appropriate jurisdiction.

 C. The magisterial district court in which the action is commenced shall transfer the complaint to the prothonotary or clerk of the court to which the action is transferred.

 Official Note: This rule authorizes a magisterial district court to transfer a case to another court within the Commonwealth when the magisterial district court does not have jurisdiction over the subject matter of the action. The jurisdictional scope of the magisterial district courts is governed by Section 1515 of the Judicial Code, 42 Pa.C.S. § 1515.

 Rule 302.2 is derived in part from Section 5103(a) of the Judicial Code, 42 Pa.C.S. § 5103(a). ''If an appeal or other matter is taken to or brought in a court or magisterial district of the Commonwealth which does not have jurisdiction of the appeal or other matter, the court or magisterial district judge shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper tribunal of this Commonwealth, where the appeal or other matter shall be treated as if originally filed in the transferee tribunal on the date when the appeal or other matter was first filed in a court or magisterial district of this Commonwealth.'' 42 Pa.C.S. § 5103(a). Rule 302.2 is also derived in part from Pa.R.C.P. No. 213(f) (authorizing transfer of actions for lack of subject matter jurisdiction).

 When a complaint is transferred under this rule, it is treated as if it was originally filed in the transferee court on the date first filed in the magisterial district court. It is the intent of this rule that cases may be transferred to any Pennsylvania court with appropriate jurisdiction and venue, including the Philadelphia Municipal Court. Likewise, nothing in this rule prohibits a court other than a magisterial district court from transferring a case to a magisterial district court with proper jurisdiction and venue, in accordance with the procedural rules of the transferring court.

 There may be additional costs when a case is transferred, including, but not limited to, service costs.

REPORT

Proposed New Rules 302.1 and 302.2 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges

Dismissals and Transfers for Lack of Jurisdiction

I. Introduction

 The Minor Court Rules Committee (''Committee'') is proposing new Rules 302.1 and 302.2 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges. The goal of these proposed new rules is to clarify procedures when a case is brought in a magisterial district court, but the court is lacking either personal jurisdiction or subject matter jurisdiction.

II. Discussion

 The Minor Court Rules Committee has been examining procedures related to withdrawals, settlements and dismissals of cases in the magisterial district courts.1 In conducting its review, the Committee observed that the rules lacked procedures for addressing cases where the court is lacking either personal jurisdiction over a party or subject matter jurisdiction.

 With regard to personal jurisdiction, the Committee noted that the rules are silent on the action to be taken by a magisterial district court if such jurisdiction is found to be lacking. The Committee agreed that such a rule could provide useful guidance to the magisterial district courts, and drafted proposed new Rule 302.1 to cover these scenarios.

 With regard to subject matter jurisdiction, the Committee noted that the rules are silent on the action to be taken by a magisterial district court if such jurisdiction is found to be lacking. The Committee observed that Section 5103(a) of the Judicial Code, 42 Pa.C.S. § 5103(a) provides ''[i]f an appeal or other matter is taken to or brought in a court or magisterial district of the Commonwealth which does not have jurisdiction of the appeal or other matter, the court or magisterial district judge shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper tribunal of this Commonwealth, where the appeal or other matter shall be treated as if originally filed in the transferee tribunal on the date when the appeal or other matter was first filed in a court or magisterial district of this Commonwealth.'' 42 Pa.C.S. § 5103(a). The Committee further noted that the Pennsylvania Rules of Civil Procedure currently provide for transfers of matters due to lack of subject matter jurisdiction. See Pa.R.C.P. 213(f). While Pa.R.C.P.M.D.J. No. 302H provides for transfers in cases of improper venue, it does not address cases lacking subject matter jurisdiction. The Committee drafted proposed new Rule 302.2 to address these scenarios.

III. Proposed Rule Changes

 Proposed new Rule 302.1 provides that a magisterial district judge may dismiss a complaint at any time for lack of personal jurisdiction, and shall issue a written notice of such dismissal. The Official Note provides that jurisdictional issues must be raised at a hearing, and that a party aggrieved by a decision regarding jurisdiction should follow the procedures for filing a praecipe for a writ of certiorari as set forth in Pa.R.C.P.M.D.J. No. 1009.

 Proposed new Rule 302.2 is derived in part from 42 Pa.C.S. § 5103(a) and Pa.R.C.P. 213(f). The proposed new rule provides for the transfer of actions for lack of subject matter jurisdiction, and notes that there may be additional costs to the plaintiff when a case is transferred, including, but not limited to, service costs.

[Pa.B. Doc. No. 14-177. Filed for public inspection January 24, 2014, 9:00 a.m.]

_______

1  Proposed rules pertaining to withdrawals and settlements were published for public comment at 44 Pa.B. 10 (January 4, 2014).


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