THE COURTS
Title 246--MINOR COURT CIVIL RULES
PART I. GENERAL
[246 PA. CODE CH. 200]
Order Amending Rule 206 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices; No. 138; Magisterial Doc. No. 1; Book No. 2
[32 Pa.B. 6078] The Minor Court Rules Committee has prepared a Final Report explaining the amendments to Rule 206 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices, effective January 1, 2003. These rule changes clarify that a party who has been allowed to proceed in forma pauperis pursuant to Rule 206 is not required to pay service costs. The changes also provide for minor technical or ''housekeeping'' amendments to the rule. The Final Report follows the Court's Order.
Order Per Curiam:
And Now, this 25th day of November, 2002, upon the recommendation of the Minor Court Rules Committee; the proposal having been published before adoption at 31 Pa.B. 5793 (October 20, 2001), and a Final Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 206 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices 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 January 1, 2003.
Annex A
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS Rule 206. [Fees.] Costs; Proceedings In Forma Pauperis.
A. Except as otherwise provided by law, the [fees] costs for filing and service of the complaint shall be paid at the time of filing.
B. Except as otherwise provided by subdivision C of this rule, the prevailing party in district justice proceedings shall be entitled to recover [his] taxable costs from the unsuccessful [litigant] party. Such costs shall consist of all filing, personal service, witness, and execution costs [or fees] authorized by [law] Act of Assembly or general rule and paid by the prevailing party.
C. Taxable costs on appeal or certiorari shall be paid by the unsuccessful party, and a plaintiff who appeals shall be considered an unsuccessful party if he or she does not obtain on appeal a judgment more favorable than that [which he] obtained in the district justice proceeding. A defendant who prevails on certiorari proceedings brought by [him] the defendant or who obtains a favorable judgment [in his favor] upon appeal by either party shall not be liable for costs incurred by the plaintiff in the preceding district justice proceeding and may recover [his] taxable costs in that proceeding from the plaintiff. A plaintiff who is unsuccessful in the district justice proceeding may recover [his] taxable costs in that proceeding from the defendant if [he] the plaintiff is successful on appeal, and in that event the defendant may not recover [his] costs in the district justice proceeding from the plaintiff.
* * * * * Official Note: ''Execution'' costs [or fees] include those for executing an order for possession. The items constituting taxable costs in appeal or certiorari proceedings will be governed by law or general rule applicable in the court of common pleas.
[''Service] Under subdivision B, ''personal service . . . [costs or fees'' refer] costs'' refers only to personal service since mail costs are to be borne by the plaintiff in all cases in accordance with Section 1725.1 of the Judicial Code, 42 Pa.C.S. § 1725.1.
This rule does not provide for the assessment of filing costs against an unsuccessful plaintiff who has been permitted to proceed in forma pauperis and who remains indigent. See Brady v. Ford, 451 Pa. Super. 363, 679 A.2d 837 (1996).
For special provisions governing [proceedings in forma pauperis, see Section] actions pursuant to the Protection From Abuse Act, see Sections 6106(b) and (c) of the Domestic Relations Code, 23 Pa.C.S.[, Section] §§ 6106(b) and (c).
E. Proceedings In Forma Pauperis
* * * * * (ii) Except as provided by [subdivision] subparagraph (iii), the party shall file a petition and affidavit in the form prescribed by [subdivision] subparagraph (vi). The petition may not be filed prior to the commencement of the action, which action shall be accepted in the first instance, without the payment of [a] filing [fee] costs.
Except as prescribed by [subdivision] subparagraph (iii), the District Justice shall act promptly upon the petition and shall enter [an order] a determination within five days from the date of the filing of the petition. If the petition is denied, in whole or in part, the District Justice shall briefly state the reasons therefor. [In this case the] The unsuccessful petitioner may proceed no further so long as such [fee remains] costs remain unpaid.
(iii) If the party is represented by an attorney, the District Justice shall allow the party to proceed in forma pauperis upon the filing of a praecipe which contains a certification by the attorney that [he] the attorney is providing free legal service to the party and [that he] believes the party is unable to pay the costs.
(iv) A party permitted to proceed in forma pauperis shall not be required to pay [the filing fee] any costs imposed or authorized by Act of Assembly or general rule which are payable to any court or any public officer or employee.
[Such] The district justice shall inform a party [shall be informed] permitted to proceed in forma pauperis of the option to serve the complaint by mail in the manner permitted by [the Rules of Civil Procedure Governing Actions And Proceedings Before District Justices] these rules.
A party permitted to proceed in forma pauperis has a continuing obligation to inform the court of improvement in the party's financial circumstances which will enable the party to pay costs.
(v) If there is a monetary recovery by judgment or settlement in favor of the party permitted to proceed in forma pauperis, the exonerated [fees] costs shall be taxed as costs and paid to the District Justice by the party paying the monetary recovery. In no event shall the exonerated [fee] costs be paid to the indigent party.
(vi) The petition for leave to proceed in forma pauperis and affidavit shall be substantially in the following form:
[Caption]
Petition I hereby request that I be permitted to proceed in forma pauperis (without payment of the filing [fee] and service costs). In support of this I state the following:
1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the [fee] costs for filing and service of this action.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the [fees and] costs is true and correct:
* * * * *
[Comment] Official Note: This Rule substantially follows Pa.R.C.P. No. 240. Under subparagraph E(iv), ''any costs'' includes all filing, service, witness, and execution costs.
Adopted April 25, 1979, effective in 30 days. Amended June 30, 1982, effective 30 days after July 17, 1982; amended effective Sept. 18, 1990; amended March 27, 1992, effective June 25, 1992 [The March 27, 1992, Order provided in part: ''In promulgating this Order, the Court recognizes that the District Justice Automation Project will be affected by said Rule changes and that, therefore, those Rules which affect the Project will become effective as the District Justice offices are brought on-line.'']; amended November 25, 2002, effective January 1, 2003.
FINAL REPORT1
Amendment to Pa. R.C.P.D.J. No. 206
AMENDMENT TO RULE 206 TO CLARIFY THAT A PARTY WHO HAS BEEN ALLOWED TO PROCEED IN FORMA PAUPERIS PURSUANT TO RULE 206 IS NOT REQUIRED TO PAY SERVICE COSTS On November 25, 2002, effective January 1, 2003, upon the recommendation of the Minor Court Rules Committee,2 the Supreme Court of Pennsylvania amended Rule 206 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices.3
I. Background
The Committee undertook a review of Rule 206 in response to an inquiry from the Administrative Office of Pennsylvania Courts (AOPC). The AOPC asked the Committee to review the issue of whether a party who has been allowed to proceed in forma pauperis as provided by Rule 206 is required to pay constable (service) costs. The AOPC noted that Rule 206E provides that a party who is unable to pay the costs of litigation shall be entitled to proceed in forma pauperis, and that the rule further provides that a party permitted to proceed in forma pauperis shall not be required to pay the filing fee imposed or authorized by Act of Assembly or general rule. The AOPC further noted that Rule 206 is silent as to whether payment of service costs is required by a party proceeding in forma pauperis. Upon review of the rule, the Committee noted that the Note to Rule 206 states that the rule ''substantially follows Pa.R.C.P. No. 240,'' which appears to specifically exempt all costs. Pa.R.C.P. No. 240(f)(1) provides that ''a party permitted to proceed in forma pauperis shall not be required to pay any costs or fee imposed or authorized by Act of Assembly or general rule which is payable to any court or prothonotary or any public officer or employee.''
After review and discussion, the Committee agreed that Rule 206 is inconsistent with Pa.R.C.P. No. 240 in that Rule 206 refers only to filing fees and is silent as to the payment of service costs by parties who are permitted to proceed in forma pauperis. Further, the Committee agreed that it is well settled that such parties should not be required to pay service costs. Accordingly, the Committee recommended that Rule 206 be amended to make this clarification and to more closely mirror Pa.R.C.P. No. 240.
In conjunction with the amendment to the rule described above, the Committee also recognized the need for several technical or ''housekeeping'' amendments to this rule.
II. Discussion of Rule Changes
First, as noted above, the Committee recommended that Rule 206E(iv) be amended to closely resemble Pa.R.C.P. No. 240(f)(1), thereby clarifying that a party permitted to proceed in forma pauperis shall not be required to pay ''any costs'' including filing, service, witness, and execution costs.
Also, the Committee recommended a further amendment to Rule 206E(iv) to include a provision similar to Pa.R.C.P. No. 240(e) to make clear that a party permitted to proceed in forma pauperis has a continuing obligation to inform the court of improvement in the party's financial circumstances which would enable the party to pay costs. The Committee noted that such a provision is included in the in forma pauperis petition form (Rule 206E(vi)), but is not specified in the rule itself.
The Committee also recommended a revision to the Note to clarify that the rule does not provide for the assessment of filing costs against an unsuccessful plaintiff who has been permitted to proceed in forma pauperis and who remains indigent. As authority for this, the Committee recommended that a reference to Brady v. Ford, 679 A.2d 837 (Pa. Super. Ct. 1996), be added to the Note.
Finally, in conjunction with the amendments and revisions described above, the Committee also recognized the need for minor changes to the rule and its Note to make other minor clarifications, to address gender neutrality issues, to correct citation form, and to conform with modern drafting style.
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1 The Committee's Final Report should not be confused with the official Committee Notes to the Rules. Also, the Supreme Court of Pennsylvania does not adopt the Committee's Notes or the contents of the Committee's explanatory Final Reports.
2 Recommendation No. 3 Minor Court Rules 2002.
3 Supreme Court of Pennsylvania Order No. 138, Magisterial Docket No. 1, Book No. 2 (November 25, 2002).
[Pa.B. Doc. No. 02-2213. Filed for public inspection December 13, 2002, 9:00 a.m.]
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