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PA Bulletin, Doc. No. 04-1269

THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 200]

Amendment of Rules 239 and 239.8 Governing Local Rules; No. 408 Civil Procedural Rules; Doc. No. 5

[34 Pa.B. 3677]

Order

Per Curiam:

   And Now, this 30th day of June, 2004, Pennsylvania Rules of Civil Procedure 239 and 239.8 are amended to read as follows.

   Whereas prior distribution and publication of this amendment would otherwise be required, it has been determined that immediate promulgation is required in the interest of justice and efficient administration.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 239. Local Rules.

*      *      *      *      *

   (b)(1)  Local rules shall not be inconsistent with any general rule of the Supreme Court or any Act of Assembly.

*      *      *      *      *

   (2)  [Local] Except as otherwise provided by Rule 239.8, local rules which implement general rules shall be given numbers that are keyed to the numbers of the general rules to which the local rules correspond.

   (c)  [To] Except as otherwise provided by Rule 239.8, to be effective and enforceable:

*      *      *      *      *

   (3)  Two certified copies of the local rule and a computer diskette containing the text of the local rule shall be distributed by the court promulgating the rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   Official Note:  The diskette must (1) be formatted in one of the following formats: MS-DOS, ASCII, Microsoft Word, or WordPerfect, (2) contain the local rule text as reflected in the ''hard copy'' version of the rule, and (3) be labeled with court's name and address and computer file name. See 1 Pa. Code § 13.11(b).

*      *      *      *      *

   [(7)  Any local rules promulgated pursuant to Pennsylvania Rules of Civil Procedure Nos. 239.1 through 239.7 must be numbered in accordance with the requirements of those rules and published on the web site of the Administrative Office of the Pennsylvania Courts.]

   (d)  [A] Except as otherwise provided by Rule 239.8, a local rule shall become effective not less than thirty days after the date of publication of the rule in the Pennsylvania Bulletin.

*      *      *      *      *

Rule 239.8. Local Rules. Promulgation. Publication. Effective Date.

   (a)  Local rules required by Rules 239.2, 239.3, 239.5, 239.6 and 239.7 shall be promulgated not later than nine months following the date of the Order of the Supreme Court promulgating this rule.

   Official Note:  * * *

   Local requirements under Rules 239.1 through 239.7 are not effective and enforceable unless local rules are published on the web site of the Administrative Office of Pennsylvania Courts. See [Rule 239(c)(7)] subdivision (c) of this rule.

   (b)  The court promulgating a local rule or an amendment to a local rule pursuant to Rules 239.1 through 239.7 shall transmit a copy to the Civil Procedural Rules Committee which shall then forward a copy to the Administrative Office of Pennsylvania Courts (AOPC) for publication on the AOPC web site.

   Official Note:  The preferable method of transmission to the Civil Procedural Rules Committee is by attachment to e-mail addressed to civil.rules@ pacourts.us.

   The Committee may, of necessity arising from judicial automation, direct the court promulgating a local rule or amendment to transmit it to the AOPC or take other action to effect publication on the AOPC web site.

   (c)  To be effective and enforceable, a local rule or an amendment to a local rule promulgated pursuant to Rules 239.1 through 239.7 shall be

   (1)  numbered in accordance with the requirements of those rules,

   (2)  published on the web site of the Administrative Office of Pennsylvania Courts, and

   Official Note:  The Administrative Office of Pennsylvania Courts (AOPC) maintains a web page at http://ujsportal.pacourts.us/ containing the texts of local rules promulgated pursuant to Rules 239.1 through 239.7.

   (3)  kept continuously available for public inspection and copying in the office of the prothonotary or clerk of the court promulgating the rule or amendment. Upon request and payment of reasonable costs of reproduction and mailing, the prothonotary or clerk shall furnish to any person a copy of any local rule.

   Official Note:  It is contemplated under subdivision (c)(3) that a separate consolidated set of local rules shall be maintained in the prothonotary or clerk's office. The set of local rules may be in book or electronic form.

   (d)  A local rule or amendment promulgated pursuant to Rules 239.1 through 239.7 shall become effective upon publication on the web site of the Administrative Office of Pennsylvania Courts.

[Pa.B. Doc. No. 04-1269. Filed for public inspection July 16, 2004, 9:00 a.m.]


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