THE COURTS

Title 246--MINOR
COURT CIVIL RULES

PART I. GENERAL

[ 246 PA. CODE CH. 500 ]

Amendment of Note to Rule 509 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges; No. 244 Magisterial Rules; Doc. No. 1

[38 Pa.B. 3355]
[Saturday, June 21, 2008]

Order

Per Curiam:

   And Now, this 9th day of June, 2008, upon recommendation of the Minor Court Rules Committee, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interest of justice and efficient administration, 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 the Note to Rule 509 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges be, and hereby is, amended to read as follows.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 500. ACTIONS FOR THE RECOVERY
OF POSSESSION OF REAL PROPERTY

Rule 509. Amendments to Complaint.

*      *      *      *      *

   Official Note: This rule is the same as Rule 316 of the [trespass and assumpsit] civil rules.

   Adopted Oct. 15, 1969, effective Jan. 1, 1970. Amended June 30, 1982, effective 30 days after July 17, 1982. Adopted June 9, 2008, immediately effective.

FINAL REPORT¹

Amendment to the Note to Rule 509 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District

   On June 9, 2008, effective immediately, upon recommendation of the Minor Court Rules Committee,² the Supreme Court of Pennsylvania approved an amendment to the Note to Rule 509 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.³

I.  Background

   On its own initiative, the Minor Court Rules Committee (the Committee) recommended a change to the Note to Rule 509. The current language provides: ''This rule is the same as Rule 316 of the trespass and assumpsit rules.'' (emphasis added).

   The Note to Rule 301 explains that the outdated terms ''trespass'' and ''assumpsit'' were replaced by a more universal and modern phrase--''civil action.'' (''Civil action includes actions formerly denominated 'assumpsit' or 'tresspass.' '') Since ''civil action'' replaced ''assumpsit'' and ''trespass,'' the Committee has routinely recommended that the Court replace the older terms wherever they appear and substitute the more modern phrase.

II.  Approved Rule Change

   Accordingly, the Committee proposed that the Note to Rule 509 be amended to delete the words ''trespass'' and ''assumpsit'' and replace them with ''civil.''

   The Committee believes this amendment to be of a perfunctory nature. Therefore, the Committee respectfully recommended that the Court adopt this recommendation in accordance with Pa.R.J.A. No. 103(a)(3), without prior publication for public comment.

[Pa.B. Doc. No. 08-1139. Filed for public inspection June 20, 2008, 9:00 a.m.]

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¹  The Committee's Final Report should not be confused with the Notes to the Rules. Also, the Supreme Court of Pennsylvania does not adopt the Committee's Notes or the contents of the explanatory Final Report.

²  Minor Court Rules Committee Recommendation 6-2008.

³  Supreme Court of Pennsylvania Order No. 244, Magisterial Docket No. 1 (June 9, 2008).

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