THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 100]

Amendment of Rule 51 to Provide for the Scope of the Rules of Civil Procedure; Proposed Recommendation No. 197

[34 Pa.B. 6395]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 51 governing the title and citation of the rules of civil procedure 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 of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than February 16, 2005 to:

Harold K. Don, Jr., Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055

or E-Mail to
civil.rules@pacourts.us

   The 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 or be officially adopted or promulgated by the Court.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 100. RULES OF CONSTRUCTION

Rule 51. Title and Citation of Rules. Scope.

   (a)  [All] These rules [adopted by the Supreme Court under the authority of Article V, Section 10(c) of the Constitution of 1968, or of any Act of Assembly,] shall be known as the Pennsylvania Rules of Civil Procedure and may be cited as ''Pa.R.C.P. No. ____ .''

*      *      *      *      *

   (b)  Except as otherwise provided by general rule, these rules prescribe practice and procedure in civil actions and proceedings appealed to or brought in the courts of common pleas.

   Offical Note: The rules of civil procedure apply where appropriate ''in matters brought before an appellate court within its original jurisdiction.'' See Rule of Appellate Procedure 106. However, the rules do not apply to a challenge in Commonwealth Court to a nomination petition pursuant to the Election Code. See In re Johnson, 509 Pa. 347, 502 A.2d 142 (1985).

   The rules of civil procedure are not applicable in the district justice courts. Civil actions and pro-ceedings in district justice courts are governed by the Rules of Civil Procedure for District Justices, Pa.R.C.P.D.J. 201 et seq.

   The rules of civil procedure do not govern proceedings in the Orphans' Court Division of the Court of Common Pleas except to the extent that Orphans' Court Rule 3.1 provides that ''pleading and practice shall conform to the pleading and practice in equity in the local Court of Common Pleas.''

   The family law actions of Chapter 1900 of the rules of civil procedure constitute an independent chapter of rules. Other chapters of the rules of civil procedure do not apply to these actions except to the extent that a rule of Chapter 1900 so provides. See, for example, Rule 1920.1(b) providing that an action in divorce or for annulment of marriage ''shall be in accordance with the rules relating to a civil action'' and Rule 1930.5(b) providing for discovery pursuant to Rule 4001 et seq. in specified domestic relations matters.

   The rules of civil procedure have limited application in actions pursuant to the Eminent Domain Code of 1964 and the Municipal Claims Act of 1923. See for example Rule 4001(a) providing that the rules of civil procedure governing discovery are applicable to these actions.

   Civil actions and proceedings to which the rules of civil procedure do not apply include petitions for change of name (54 Pa.C.S. § 701 et seq,) and tax sales of real property (72 P. S. § 5860.101 et seq.) With the exception of Rule 227.1(g) prohibiting the filing of a motion for post-trial relief, the rules do not apply to appeals to the courts of common pleas from local administrative agencies.

Explanatory Comment

   Rule 51 was initially promulgated in 1939 and governs the title and citation of the rules of civil procedure. The recommendation proposes that the current text of the rule be designated subdivision (a) and revised to acknowledge that all rules promulgated by the Supreme Court of Pennsylvania are no longer rules of civil procedure.

   The rules of civil procedure do not presently contain a scope provision setting forth the actions and proceedings or the courts to which they apply. This omission has resulted in the argument being made that the rules govern proceedings in district justice courts. It is proposed that Rule 51 be amended by adding new subdivision (b) containing the general statement that the rules govern civil actions and proceedings in the courts of common pleas.

   A general statement of the scope of the rules of civil procedure must be qualified. It is impossible to state definitively the application of the rules with respect to all actions and proceedings and all courts. Consequently, the rule has been prefaced with the phrase ''Except as otherwise provided by general rule'' and a note has been added calling attention to examples of the application of the rules, or the inapplicability of the rules as the case may be, in actions and proceedings other than the usual ''civil action.'' The note contains an express statement that the rules of civil procedure do not apply to actions and proceedings in district justice courts.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 04-2127. Filed for public inspection December 3, 2004, 9:00 a.m.]

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