THE COURTS
PART I. GENERAL
[231 PA. CODE CHS. 200 AND 1000]
Proposed Amendments Governing Entry of Appearance and Civil Cover Sheet; Proposed Recommendation No. 168
[31 Pa.B. 411] The Civil Procedural Rules Committee proposes that the Rules of Civil Procedure governing entry of appearance and civil cover sheet be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.
All communications in reference to the proposed recommendation should be sent not later than March 2, 2001 to:
Harold K. Don, Jr., Esquire
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
or E-Mail to
civil.rules@supreme.court.state.pa.usThe Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure nor will it be officially adopted or promulgated by the Court.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 200. BUSINESS OF COURTS Rule 205.1. Filing Legal Papers. Mailing. Personal Presentation by Attorney No Necessary.
Any legal paper not requiring the signature of, or action by, a judge prior to filing may be delivered or mailed to the prothonotary, sheriff or other appropriate officer accompanied by the filing fee, if any. Neither the party nor the party's attorney need appear personally and present such paper to the officer. The signature of an attorney on a paper constitutes a certification of authorization to file it. The endorsement of an address [within the Commonwealth] where papers may be served shall constitute a sufficient registration of address. The notation on the paper of the attorney's current [certificate] Supreme Court identification number issued by the Court Administrator of Pennsylvania shall constitute proof of the right to practice in the [county] Commonwealth. A paper sent by mail shall not be deemed filed until received by the appropriate officer.
Official Note: See Rules 1012(a) and 1025 which specify the requirements for an address where papers may be served.
* * * * * Rule 236. Notice by Prothonotary of Entry of Order, Decree or Judgment.
(a) The prothonotary shall immediately give written notice of the entry of
* * * * * (2) any other order, decree or judgment to each party's attorney of record or, if unrepresented, to each party. The notice shall include a copy of the order, decree or judgment.
Official Note: See Rules 1012 and 1025 as to the requirement of an address [within the Commonwealth] on an appearance and a pleading.
* * * * * Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice.
(a) A party may enter a written appearance which shall state an address [within the Commonwealth] at which pleadings and other legal papers may be served and a telephone number, and may state a telephone facsimile number. The address shall be a street address where papers may be mailed or delivered. Such appearance shall not constitute a waiver of the right to raise any defense including questions of jurisdiction or venue. Written notice of entry of an appearance shall be given forthwith to all parties.
Official Note: Entry of a written appearance is not mandatory.
The inclusion of a telephone number for facsimile transmission constitutes an agreement to accept service of pleadings or other legal papers by that means. See Rule 440(d).
(b)(1) Except as provided in subdivision (b)(2), [An] an attorney's appearance for a party may not be withdrawn without leave of court [unless another attorney has entered or simultaneously enters an appearance for the party and the change of attorneys does not delay any stage of the litigation]. The attorney shall file a petition to withdraw appearance which shall include an affidavit stating the last known address of the party and the efforts made to notify the party of the petition to withdraw. Upon the court granting leave to withdraw, the attorney shall immediately so notify the party by ordinary mail and include a copy of the order of court.
(2) An attorney's appearance for a party may be withdrawn without leave of court if the change of attorneys does not delay any stage of the litigation and
(i) another attorney has previously entered an appearance for the party, or
(ii) another attorney simultaneously enters an appearance for the party.
(d)(1) The entry of appearance under subdivision (a) shall be substantially in the following form:
Caption
Praecipe for Entry of Appearance To the Prothonotary:
Enter my appearance on behalf of ____________________(Plaintiff/Defendant/Additional Defendant)
Papers may be served at the address set forth below.
_________________
Attorney for Party Named Above
and Identification Number
_________________
Firm
_________________
Address
_________________
City, State, Zip Code
_________________
Telephone Number
_________________
Fax Number for Service of
Papers (Optional)Date: ______
______
Signature(d)(2) A praecipe for withdrawal of appearance without leave of court pursuant to subdivision (b)(2)(i) shall be substantially in the following form:
Praecipe for Withdrawal of Appearance
(Rule 1012(b)(2)(i))To the Prothonotary:
Withdraw my appearance on behalf of _____________________________________ .
(Plaintiff/Defendant/Additional Defendant)______ has entered his/her appearance for the aforementioned party.
I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief.
Date: ______
______
Signature(d)(3) The substitution of counsel under subdivision (b)(2)(ii) shall be substantially in the following form:
Caption
Substitution of Counsel Without Leave of Court
(Rule 1012(b)(2)(ii))
Praecipe for Entry of Appearance To the Prothonotary:
Enter my appearance on behalf of ____________________(Plaintiff/Defendant/Additional Defendant)
I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief.
Papers may be served at the address set forth below.
_________________
Attorney for Party Named Above
and Identification Number
_________________
Firm
_________________
Address
_________________
City, State, Zip Code
_________________
Telephone Number
_________________
Fax Number for Service of
Papers (Optional)
Praecipe for Withdrawal of Appearance To the Prothonotary:
Withdraw my appearance on behalf of _____________________________________ .
(Plaintiff/Defendant/Additional Defendant)Date: ______
______
SignatureRule 1012.1. Cover Sheet.
(a) If a court by local rule prescribes a form of cover sheet to be attached to the first legal paper filed in an action, the court shall file a copy of the form with the Administrative Office of Pennsylvania Courts which shall maintain the form on its website.
Official Note: The forms of cover sheets of those courts requiring them may be found at the AOPC website at www.aopc.org./...
A local rule prescribing a form of cover sheet is not enforceable unless the form of cover sheet is maintained on the website of the AOPC.
(b) If a court by local rule requires that a party attach a cover sheet to the first legal paper filed in an action and a party files the legal paper without a cover sheet attached or with a cover sheet attached which is incomplete or incorrectly completed, the prothonotary shall accept the legal paper for filing and may request the filing party to correct any defect.
Rule 1025. Endorsement.
Every pleading or other legal paper of a party represented by an attorney shall be endorsed with the name of the attorney, and every pleading or other legal paper of a party not represented by an attorney shall be endorsed with the name of the party, together in each case with an address [within the Commonwealth] where pleadings and other legal papers may be served and a telephone number and may state a telephone facsimile number. The address shall be a street address where papers may be mailed or delivered.
* * * * *
Explanatory Comment The proposed amendments affect three practices under the rules of civil procedure.
I. Address within the Commonwealth
The recommendation proposes to remove the requirement currently contained in several rules of providing an address ''within the Commonwealth''. An address within the Commonwealth is currently required by Rule 205.1 governing the filing of legal papers by mail, Rule 1012(a) governing the entry of appearance and Rule 1025 governing the endorsement of pleadings and other legal papers. A note to Rule 236(a)(2) contains a cross-reference to this requirement in Rules 1012 and 1025.
The requirement as set forth in the rules of civil procedure dates from the promulgation of Rules 1012 and 1025 in 1946. In view of modern transportation and communication, the requirement has become obsolete.
Under the proposed amendments, the address required is ''a street address where papers may be mailed or delivered''. The rule is mandatory that the address contain a telephone number but optional with respect to a facsimile telephone number.
II. Entry of Appearance
The recommendation proposes to add to Rule 1012 new paragraph (b)(1) which would require an attorney seeking court approval to withdraw from the representation of a party to include in the petition for withdrawal the last known address of the party and the efforts made to inform the party of the filing of the petition. This address would also be used by the court for further communication with the party if the petition is granted. The proposed amendment also imposes an obligation on the withdrawing counsel to provide the party with a copy of the order if it is granted.
The recommendation also proposes to add to Rule 1012 forms for the entry or withdrawal of appearance. New subdivision (d)(1) contains the form of an entry of appearance under Rule 1012(a). Subdivision (d)(2) contains the form for a praecipe for withdrawal of appearance under Rule 1012(b)(2)(i) when another attorney has already entered his or her appearance and thus approval by the court is not necessary. Subdivision (d)(3) provides the form to be completed by both the entering and withdrawing attorneys for the automatic substitution of counsel without leave of court under Rule 1012(b)(2)(ii).
III. First Filing Cover Sheet
In Recommendation No. 155 issued in the summer of 1999, the Civil Procedural Rules Committee proposed a requirement of a statewide cover sheet to be attached to the first paper filed in an action. The recommendation also included a form of cover sheet to be used statewide.
Presently, however, the use of a coversheet extends only to a minority of judicial districts and those cover sheets are not uniform in the information that they require. Also, there is presently no statewide automated information system with respect to civil cases in the courts of common pleas which requires uniform information. Consequently, the Committee believes that it is not feasible or desirable to impose a cover sheet statewide at this time.
However, in the interest of promoting the statewide practice of law, the recommendation proposes the adoption of new Rule 1012.1 which is intended to guarantee accessibility to the required forms of those counties requiring a cover sheet. The new rule contains two main principles. First, subdivision (a) provides that a local court requiring a cover sheet would need to file it with the Administrative Office of the Pennsylvania Courts which would maintain the form on its website. The forms of the cover sheets of the various judicial districts requiring them would be readily accessible for computer downloading from the AOPC website.
Second, subdivision (b) requires the prothonotary to accept for filing documents which do not have a cover sheet attached or which have a defective cover sheet attached. The prothonotary may request that the defect be remedied but, in the meantime, the paper will be filed and any time requirements will be met.
By the Civil Procedural Rules Committee
REA BOYLAN THOMAS,
Chair
[Pa.B. Doc. No. 01-65. Filed for public inspection January 19, 2001, 9:00 a.m.]
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