THE COURTS
Title 246--MINOR
COURT CIVIL RULES
PART I. GENERAL
[246 PA. CODE CH. 300]
Order Amending Rule 314 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices; No. 207 Magisterial Doc. No. 1
[34 Pa.B. 2464] The Minor Court Rules Committee has prepared a Final Report explaining the amendments to Rule 314 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices, effective July 1, 2004. These rule changes provide clarification regarding the costs for reinstating a civil complaint. The changes also provide for technical or ''housekeeping'' amendments to the rule. The Final Report follows the Court's Order.
Order Per Curiam:
And Now, this 22nd day of April, 2004, upon the recommendation of the Minor Court Rules Committee; the proposal having been published before adoption at 32 Pa.B. 4032 (August 17, 2002), 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 Pa. R.C.P.D.J. No. 314 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 July 1, 2004.
Annex A
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 300. CIVIL ACTION Rule 314. Return, Waiver and Failure of Service; Reinstatement.
A. The person serving the complaint shall, at or before the time of the hearing, make proof of service [on the form provided,] which shall show [the manner of service, the day, hour and place thereof, and the name and relationship or title, if any, of the person on whom the copy of the complaint was served] (1) the manner of service, (2) the date, time, and place of service and, (3) the name and relationship or title, if any, of the person on whom the complaint was served. The proof of service shall be [attached to] filed with the original complaint [form].
B. When service is made by registered or certified mail, the return receipt shall be [attached to] filed with the original complaint [form].
* * * * * Official Note:
* * * * * Subdivision E provides for the reinstatement, upon written request of the plaintiff, of a complaint that has been dismissed without prejudice for failure to make service under subdivision D. Compare Pa. R.C.P. No. 401(b). The written request for reinstatement may be in any form and may consist of a notation on the permanent copy of the complaint form, ''Reinstatement of complaint requested,'' subscribed by the plaintiff. The district justice shall mark all copies of the reinstated complaint, ''Complaint reinstated. Request for reinstatement filed on ______ (date).'' If it is necessary to use a new form for the reinstated complaint, the reinstated complaint, except for service portions thereof, shall be an exact copy of the original complaint, although signatures may be typed or printed with the mark ''/s/'' indicating an actual signature. The language in subdivision E that a complaint may be reinstated ''at any time'' will permit reinstatement after a faulty service without waiting for further proceedings in the case. Reinstatement must occur within the period of the statute of limitations from the date of the last filing or reinstatement. [Since a reinstated complaint is merely a continuation of the original action, there is no filing fee for reinstating a complaint. However] The cost for reinstating a complaint is specified in Section 1725.1 of the Judicial Code, 42 Pa.C.S. § 1725.1. In addition, there may be additional server costs for service of the reinstated complaint.
FINAL REPORT1
Amendment to Pa. R.C.P.D.J. No. 314
Clarification Regarding Costs for Reinstating a Complaint; Technical Amendments On April 22, 2004, effective July 1, 2004, upon recommendation of the Minor Court Rules Committee,2 the Supreme Court of Pennsylvania amended Rule 314 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices.3
The Committee reviewed the Note to Pa. R.C.P.D.J. No. 314 in response to an inquiry. It was reported to the Committee that there may be confusion among the district justice courts as to what costs, if any, are to be charged when a civil complaint is reinstated pursuant to Rule 314E. The Committee recognized that the Official Note to Rule 314, prior to this amendment, provided that, ''[s]ince a reinstated complaint is merely a continuation of the original action, there is no filing fee for reinstating a complaint.'' Pa. R.C.P.D.J. No. 314, Official Note. While this statement is technically correct, the Committee further recognized that Section 1725.1(a)(10) of the Judicial Code, 42 Pa.C.S. § 1725.1(a)(10), specifies costs for the reinstatement of a complaint.4
Accordingly, the Committee recommended that the Official Note to Rule 314 be revised to remove any confusion about the costs for reinstatement of a civil complaint. The revised Official Note will now read, in pertinent part, ''[t]he cost for reinstating a complaint is specified in Section 1725.1 of the Judicial Code, 42 Pa.C.S. § 1725.1.''
In addition, the Committee recommended several technical or ''housekeeping'' amendments to subdivisions A and B of the rule. Specifically, in subdivision A, the Committee recommended that the list of contents of the return of service be enumerated to enhance readability. Also, in subdivisions A and B, the Committee recommended that the requirement that items be ''attached to'' the original complaint be deleted. This requirement is unnecessary and not in keeping with actual practice in the district justice courts.
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1 The Committee's Final Report should not be confused with the Official Notes to the Rules. Also, the Supreme Court of Pennsylvania does not adopt the Committee's Official Notes or the contents of the explanatory Final Reports.
2 Recommendation No. 5 Minor Court Rules 2003.
3 Supreme Court of Pennsylvania Order No. 207, Magisterial Docket No. 1, (April 22, 2004).
4 The cost for reinstating a complaint is currently $7.00. Under current law, the costs are adjusted annually pursuant to Section 1725.1(f) of the Judicial Code, 42 Pa.C.S. § 1725.1(f).
[Pa.B. Doc. No. 04-804. Filed for public inspection May 7, 2004, 9:00 a.m.]
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