THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 200]

Technical Amendments to Rules 205.4, 216 and 237.1; No. 431 Civil Procedural Rules; Doc. No. 5

[35 Pa.B. 3289]

Order

Per Curiam:

   And Now, this 19th day of May, 2005, Pennsylvania Rules of Civil Procedure 205.4, 216 and 237.1 are amended to read as follows.

   Whereas prior distribution and publication of these amendments would otherwise be required, it has been determined that the amendments are of a perfunctory nature and that immediate promulgation is required in the interests 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 205.4. Electronic Filing and Service of Legal Papers.

   (a)  As used in this rule, the following words shall have the following meanings:

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   ''legal paper,'' a pleading or other paper filed in an action, but not including

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   (2)  a notice of appeal from an award of a board of arbitrators or a notice of appeal or other legal paper, the filing of which is prescribed by the Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District [Justices] Judges.

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Rule 216. Grounds for Continuance.

   (A)  The following are grounds for a continuance:

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   (4)  Such special ground as may be allowed in the discretion of the court[.];

   (5)  The scheduling of counsel to appear at any proceeding under the Pennsylvania Rules of Disciplinary Enforcement, whether:

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   (c)  as a member of the Disciplinary Board[.];

   (6)  The scheduling of counsel to appear at any proceeding involving the discipline of a justice, judge or magisterial district [justice] judge under Section 18 of Article V of the Constitution of Pennsylvania, whether:

   (a)  as counsel for a justice, judge, or magisterial district [justice] judge before the special tribunal provided for in 42 Pa.C.S. § 727, the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board; or

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Rule 237.1. Notice of Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint or by Default for Failure to Plead.

   (a)(1)  As used in this rule,

   ''judgment of non pros'' means a judgment entered by praecipe pursuant to Rules 1037(a) and 1659;

   Official Note: When a defendant appeals from a judgment entered in a magisterial district [justice] judge court, Pa.R.C.P.M.D.J. 1004(b) authorizes the appellant to file a praecipe for a rule as of course upon the appellee to file a complaint or suffer entry of a judgment of non pros. The entry of the judgment of non pros is governed by Pa.R.C.P. 1037(a) and is subject to this rule.

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[Pa.B. Doc. No. 05-1115. Filed for public inspection June 10, 2005, 9:00 a.m.]

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