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PA Bulletin, Doc. No. 05-1377

THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 100]

Amendment of Rule 51 Governing the Title and Citation of the Rules of Civil Procedure; No. 435 Civil Procedural Rules; Doc. No. 5

[35 Pa.B. 4087]

Order

Per Curiam:

   And Now, this 8th day of July, 2005, Pennsylvania Rule of Civil Procedure 51 is amended to read as follows.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective September 1, 2005.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 100. RULES OF CONSTRUCTION

Rule 51. Title and Citation of Rules.

   [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. ____ .''

Official Note:

*      *      *      *      *

   [By order dated December 31, 1968 all statutes and rules governing practice and procedure in actions and proceedings in courts of record and courts not of record were continued in force until suspended, revoked or modified pursuant to Article V of the Constitution.]

   The rules of civil procedure are not applicable in the magisterial district courts. Civil actions and proceedings in magisterial district courts are governed by the Rules of Civil Procedure for Magisterial District Judges, Pa.R.C.P.M.D.J. 201 et seq.

Explanatory Comment

   Rule 51 governing the title and citation of the rules of civil procedure has been amended in two respects. First, the opening language of the rule, ''All 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Court under the authority of Article V, Section 10(c) of the Constitution of 1968, or of any Act of Assembly'' has been replaced by two words, ''These rules.'' The prior opening language was appropriate when the rule was promulgated initially in 1939 as the only rules promulgated by the Supreme Court were rules of civil procedure. Sixty-six years later, the rules of civil procedure are only one of numerous types of rules promulgated by the Supreme Court. The rule as revised addresses the rules of civil procedure only.

   Second, the former note to the rule concerned the continuation of the rules of civil procedure upon the adoption of the Constitution of 1968 and with the passage of time became irrelevant. The prior text of the note has been replaced by new text which contains an express statement that the rules of civil procedure do not apply to actions and proceedings in magisterial district courts. The new note is intended to refute the occasional argument that the rules of civil procedure are applicable in those courts.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 05-1377. Filed for public inspection July 22, 2005, 9:00 a.m.]


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