THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 200 ]

Proposed Adoption of Pa.R.C.P. No. 205.6 and Proposed Amendment of Pa.R.C.P. Nos. 229.2 and 240

[47 Pa.B. 4662]
[Saturday, August 12, 2017]

 The Civil Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the adoption of Pa.R.C.P. No. 205.6 governing the certification and filing of confidential information and confidential documents, and amendments of Pa.R.C.P. Nos. 229.2 governing the petition to transfer structured settlement payment rights and 240 governing the petition to proceed in forma pauperis for the reasons set forth in the accompanying explanatory report. Pursuant to Pa.R.J.A. No. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.

 Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They will neither constitute a part of the rules nor will be officially adopted by the Supreme Court.

 Additions to the text of the proposal are bolded; deletions to the text are bolded and bracketed.

 The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:

Karla M. Shultz, Counsel
Civil Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
FAX: 717-231-9526
civilrules@pacourts.us

 All communications in reference to the proposal should be received by September 12, 2017. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.

By the Civil Procedural
Rules Committee

DAVID L. KWASS, 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

 (Editor's Note: The following rule is proposed to be added and printed in regular type to enhance readability.)

Rule 205.6. Confidential Information and Confidential Documents. Certification.

 Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a document pursuant to these rules with the prothonotary's office shall comply with the requirements of Sections 7.0 and 8.0 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form, unless otherwise specified by rule of court, or a Confidential Document Form in accordance with the Policy.

 Official Note: Applicable authority includes but is not limited to statute, procedural rule or court order. The Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts (Policy) can be found on the website of the Supreme Court of Pennsylvania at http://www.pacourts.us/public-record-policies. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:

I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

 The Confidential Information Form and the Confidential Document Form can be found at http://www.pacourts.us/public-record-policies. In lieu of the Confidential Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule or order pursuant to Pa.R.J.A. No. 103(c) permitting the filing of a document in two versions, a ''Redacted Version'' and an ''Unredacted Version.''

Rule 229.2. Petition to Transfer Structured Settlement Payment Rights.

*  *  *  *  *

 (f) The Payee's Affidavit in Support of Petition shall be substantially in the following form:

(Caption)
Payee's Affidavit in Support of
Petition to Transfer Structured Settlement Rights

*  *  *  *  *

 3. Minor children and other dependents:

 [Names] Initials of minor children, names of other dependents, ages, and places of residence:

 .

*  *  *  *  *

 Official Note: The form of order does not preclude a court from adding additional language to the order as deemed appropriate in the individual circumstances of a case.

 The filings required by this rule are subject to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts. See Rule 205.6.

Rule 240. In Forma Pauperis.

 (a) This rule shall apply to all civil actions and proceedings except actions pursuant to the Protection From Abuse Act and the Victims of Sexual Violence and Intimidation Act.

 Official Note: The term ''all civil actions and proceedings'' includes all domestic relations actions except those brought pursuant to the Protection From Abuse Act, [which are governed by] 23 Pa.C.S. § 6106 and the Victims of Sexual Violence and Intimidation Act, 42 Pa.C.S. §§ 62A01—62A20.

*  *  *  *  *

 (h) The affidavit in support of a petition for leave to proceed in forma pauperis shall be substantially in the following form:

(Caption)

*  *  *  *  *

 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct:

*  *  *  *  *

 (g) Persons dependent upon you for support

 (Wife) (Husband) Name: _________________

 Children, if any:
[Name] Initials: _________________

*  *  *  *  *

 (j)(1) If, simultaneous with the commencement of an action or proceeding or the taking of an appeal, a party has filed a petition for leave to proceed in forma pauperis, the court prior to acting upon the petition may dismiss the action, proceeding or appeal if the allegation of poverty is untrue or if it is satisfied that the action, proceeding or appeal is frivolous.

 Official Note: A frivolous action or proceeding has been defined as one that ''lacks an arguable basis either in law or in fact.'' Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

 (2) If the petitioner commences the action by writ of summons, the court shall not act on the petition for leave to proceed in forma pauperis until the complaint is filed. If the complaint has not been filed within ninety days of the filing of the petition, the court may dismiss the action pursuant to subdivision (j)(1).

 Official Note: The filings required by this rule are subject to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts. See Rule 205.6.

Explanatory Comment

 On January 6, 2017, the Supreme Court of Pennsylvania adopted the Public Access Policy: Case Records of the Appellate and Trial Courts (Policy), which will become effective January 6, 2018. In anticipation of the implementation of the Policy, the Civil Procedural Rules Committee is proposing new Rule 205.6 which provides that absent any applicable authority that constrains public access, all civil filings must comply with the Policy. Of particular importance are the requirements of Sections 7.0 and 8.0 governing confidential information and confidential documents. In addition, the rule provides that all practitioners and unrepresented parties must certify that a filing is compliant with the Policy.

 The Committee is also proposing amendments to Rule 229.2 governing the petition to transfer structured settlement payment rights and Rule 240 governing the petition to proceed in forma pauperis. Section 7.0(A)(5) of the Policy prohibits the disclosure of the names of minor children in a filing unless the minor is charged as a defendant in a criminal matter. Both Rule 229.2 and Rule 240 require the filing of an affidavit in support of the petition. The form affidavit currently requires the disclosure of the full names of any minor children of the petitioner. See Rule 229.2(f) and 240(h). The proposed amendment would require a petitioner to provide the initials only of any minor children. In addition, a note cross-referencing new Rule 205.6 has been added to both rules. Stylistic amendments to Rule 240 are also proposed.

By the Civil Procedural
Rules Committee

DAVID L. KWASS, 
Chair

[Pa.B. Doc. No. 17-1331. Filed for public inspection August 11, 2017, 9:00 a.m.]

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