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PA Bulletin, Doc. No. 17-1155

THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1000 ]

Order Amending Rules 1063 and 1093 of the Rules of Civil Procedure; No. 668 Civil Procedural Rules Doc.

[47 Pa.B. 3805]
[Saturday, July 15, 2017]

Order

Per Curiam

 And Now, this 27th day of June, 2017, 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):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1063 and 1093 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 on October 1, 2017.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1000. ACTIONS

Subchapter D. ACTION TO QUIET TITLE

Rule 1063. Commencement of Action.

 The action shall be commenced by filing a complaint with the prothonotary.

 [(1) a complaint, or

 (2) an agreement for an amicable action.]

Subchapter F. ACTION IN MANDAMUS

Rule 1093. Commencement of Action.

 An action may be commenced by filing a complaint with the prothonotary.

 [(1) a complaint, or

 (2) an agreement for an amicable action.]

EXPLANATORY COMMENT

 Rule 1063 governing the commencement of the action to quiet title and Rule 1093 governing the commencement of the action in mandamus have been amended to clarify and update both rules. Both rules currently allow for an action to be initiated by complaint or agreement for an amicable action. The amendment limits initiation of an action by complaint only. The agreement for an amicable action was deleted from Rule 1007 governing the commencement of general civil actions in 1991 because it was a device little used in modern practice, and could be achieved through alternative procedures. See Rule 1007, Explanatory Comment—1991. The amendment of Rule 1063 and 1093 conforms both the action to quiet title and the action in mandamus to modern practice.

By the Civil Procedural
Rules Committee

WILLIAM S. STICKMAN, IV, 
Chair

[Pa.B. Doc. No. 17-1155. Filed for public inspection July 14, 2017, 9:00 a.m.]


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