THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

 [ 231 PA. CODE CHS. 200, 1000 AND 2020 ]

Order Adopting Rule 205.6 and Amending Rules 229.2, 240, 1018 and 2028 of the Rules of Civil Procedure; No. 675 Civil Procedural Rules Doc.

[48 Pa.B. 475]
[Saturday, January 20, 2018]

Order

Per Curiam

 And Now, this 5th day of January, 2018, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been published for public comment at 47 Pa.B. 4662 (August 12, 2017):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 205.6 of the Pennsylvania Rules of Civil Procedure is adopted and Rules 229.2, 240, 1018, and 2028 of the Pennsylvania Rules of Civil Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on January 6, 2018.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

 (Editor's Note: The following rule is added and printed in regular type to enhance readability.)

Rule 205.6. Confidential Information and Confidential Documents. Certification.

 Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrep- resented, who files a document pursuant to these rules with the prothonotary's office shall comply with the requirements of Sections 7.0 and 8.0 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form, unless otherwise specified by rule or order of court, or a Confidential Document Form in accordance with the Policy.

 Official Note: Applicable authority includes but is not limited to statute, procedural rule or court order. The Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts (Policy) can be found on the website of the Supreme Court of Pennsylvania at http://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:

I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

 The Confidential Information Form and the Confidential Document Form can be found at http://www.pacourts.us/public-records. In lieu of the Confidential Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule or order permitting the filing of a document in two versions, a ''Redacted Version'' and an ''Unredacted Version.''

Rule 229.2. Petition to Transfer Structured Settlement Payment Rights.

*  *  *  *  *

 (f) The Payee's Affidavit in Support of Petition shall be substantially in the following form:

(Caption)

Payee's Affidavit in Support of
Petition to Transfer Structured Settlement Rights

 I, ______ , the payee, verify that the statements below are true and correct:

*  *  *  *  *

 3. Minor children and other dependents:

 [Names] Initials of minor children, names of other dependents, ages, and places of residence:

___________________________ .

*  *  *  *  *

 Official Note: The form of order does not preclude a court from adding additional language to the order as deemed appropriate in the individual circumstances of a case.

 The filings required by this rule are subject to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts. See Rule 205.6.

Rule 240. In Forma Pauperis.

 (a) This rule shall apply to all civil actions and proceedings except actions pursuant to the Protection From Abuse Act and Protection of Victims of Sexual Violence or Intimidation Act.

 Official Note: The term ''all civil actions and proceedings'' includes all domestic relations actions except those brought pursuant to the Protection From Abuse Act, [which are governed by] 23 Pa.C.S. § 6106, and Protection of Victims of Sexual Violence or Intimidation Act, 42 Pa.C.S. §§ 62A01—62A20.

*  *  *  *  *

 (h) The affidavit in support of a petition for leave to proceed in forma pauperis shall be substantially in the following form:

(Caption)

*  *  *  *  *

 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct:

*  *  *  *  *

 (g) Persons dependent upon you for support

 (Wife) (Husband) Name: _________________

 Children, if any:

 [Name] Initials: _________________

*  *  *  *  *

 (j)(1) If, simultaneous with the commencement of an action or proceeding or the taking of an appeal, a party has filed a petition for leave to proceed in forma pauperis, the court prior to acting upon the petition may dismiss the action proceeding or appeal if the allegation of poverty is untrue or if it is satisfied that the action, proceeding or appeal is frivolous.

 Official Note: A frivolous action or proceeding has been defined as one that ''lacks an arguable basis either in law or in fact.'' Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

 (2) If the petitioner commences the action by writ of summons, the court shall not act on the petition for leave to proceed in forma pauperis until the complaint is filed. If the complaint has not been filed within ninety days of the filing of the petition, the court may dismiss the action pursuant to subdivision (j)(1).

 Official Note: The filings required by this rule are subject to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts. See Rule 205.6.

CHAPTER 1000. ACTIONS

Subchapter A. CIVIL ACTION

PLEADINGS

Rule 1018. Caption.

 Every pleading shall contain a caption setting forth the name of the court, the number of the action and the name of the pleading. The caption of a complaint shall set forth the form of the action and the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side in the complaint with an appropriate indication of other parties.

 Official Note: Civil Actions and proceedings shall be captioned ''Court of Common Pleas of ______ County—Civil Action'' or other appropriate form of action.

 The caption of all legal papers filed in a medical professional liability action must contain the designation ''Civil Action—Medical Professional Liability Action.'' See Rule 1042.16.

 The caption of all legal papers filed in a civil action by and against a minor must designate the minor by the initials of his or her first and last name. See Rule 2028.

CHAPTER 2020. MINORS AS PARTIES

Rule 2028. Actions By and Against Minors. Averments in Plaintiff's Pleading.

 (a) An action in which a minor is plaintiff shall be entitled ''A, a Minor, by B, Guardian,'' against the party defendant. The minor shall be designated by the initials of his or her first and last name.

 Official Note: Under the above rule the representative of a minor plaintiff is termed a ''guardian'' regardless of whether under prior practice he or she would be termed a legal guardian or a next friend.

 (b) The initial pleading filed in behalf of a minor plaintiff shall state the name and address of his or her guardian and the guardian's relationship, if any, to the subject matter of the action or to any of the parties thereto. In case the person selected as guardian is a guardian appointed by any court of competent jurisdiction or by a will duly probated, the initial pleading shall contain a reference to the record of the appointment.

 (c) An action in which a minor is the defendant shall be commenced against the minor [by name] in the manner in which a like action is commenced against an adult. The minor shall be designated by the initials of his or her first and last name.

 Official Note: An action against a minor is begun in the same manner as an action against an adult, although by Rule 2034[, infra,] as under prior practice, the subsequent appointment of a guardian to represent the minor is essential to the rendition of a valid judgment against the minor.

 Official Note: The filings required by this rule are subject to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts. See Rule 205.6.

EXPLANATORY COMMENT

 On January 6, 2017, the Supreme Court of Pennsylvania adopted the Public Access Policy: Case Records of the Appellate and Trial Courts (Policy), which will become effective January 6, 2018. To provide guidance to practitioners regarding the Policy, new Rule 205.6 has been adopted and provides that absent any applicable authority that constrains public access, all civil filings must comply with the Policy. Of particular importance are the requirements of Sections 7.0 and 8.0 of the Policy governing confidential information and confidential documents. In addition, the rule provides that all practitioners and unrepresented parties must certify that a filing is compliant with the Policy.

 Conforming amendments have been made to Rule 229.2 governing the petition to transfer structured settlement payment rights, Rule 240 governing the petition to proceed in forma pauperis, Rule 1018 governing captions, and Rule 2028 governing the naming and caption of minor children's names in actions by and against a minor. Section 7.0(A)(5) of the Policy prohibits the disclosure of the names of minor children in a filing unless the minor is charged as a defendant in a criminal matter. Both Rule 229.2 and Rule 240 require the filing of an affidavit in support of the petition. The form affidavit currently requires the disclosure of the full names of any minor children of the petitioner. See Rule 229.2(f) and 240(h). The amendment requires a petitioner to provide the initials only of any minor children. For Rule 2028, the amended rule requires that minor's initials only be provided in the caption. A cross-reference to Rule 2028 has been added to the note to Rule 1018. In addition, a note cross-referencing new Rule 205.6 has been added to Rules 229.2, 240, and 2028. Stylistic amendments to Rule 240 have also been made.

By the Civil Procedural
Rules Committee

DAVID L. KWASS, 
Chair

[Pa.B. Doc. No. 18-93. Filed for public inspection January 12, 2018, 9:00 a.m.]

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