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PA Bulletin, Doc. No. 04-1950


Title 231--RULES OF


[231 PA. CODE CHS. 200, 1000, 1500 AND 3000]

Amendment of Rules 208.2(a), 239.2(e), 239.3(d), 1001(a), 1018, 1026, 1533, 3022(b)(2) and 3049.1(3) and Rescission of Rule 1521; No. 420 Civil Procedural Rules; Doc. No. 5

[34 Pa.B. 5889]


Per Curiam:

   And Now, this 15th day of October, 2004, the Pennsylvania Rules of Civil Procedure are amended as follows:

   I.  Rules 208.2(a), 239.2(e) Note, and 239.3(d) are amended to read as follows.

   II.  Rule 1026 is amended to read as follows.

   III.  Rule 1001(a) is amended, a Note is added to Rule 1018, the Note to Rule 1533 is amended and Rule 1521 is rescinded to read as follows.

   IV.  The Notes to Rule 3022(b)(2) and 3049.1(3) are amended to read as follows.

   Whereas prior distribution and publication of these rules and amendments would otherwise be required, it has been determined that the proposed amendments are of a perfunctory or typographical nature.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A




Rule 208.2.  Motion. Form. Content.

   (a)  A motion shall

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   [(4)] (3)  * * *

   [(5)] (4)  * * *

   [(6)] (5)  * * *

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Rule 239.2.  Petitions. Rule to Show Cause. Local Rules 206.1(a) and 206.4(c).

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   Official Note:  Local Rule 206.4(c) shall not modify the provisions of [Rules.] Rules 206.1 through 206.2 governing the contents of a petition or answer, Rule 206.3 governing verification, or Rule 206.7 governing the procedure after issuance of a rule to show cause.

   Local Rule 206.4(c) shall not alter the form of the order of court required by Rule 206.5(d), which sets forth the dates by which an answer shall be filed and depositions shall be completed, and the date of the final argument. Pursuant to the Note to Rule 206.5(d), the form of the order may be modified to provide for an evidentiary hearing on disputed [issue] issues of fact, the use of forms of discovery other than depositions, the filing of briefs, and disposition without oral argument.

Rule 239.3.  Motions. Local Rules 208.2(c), 208.2(d), 208.2(e), 208.3(a) and 208.3(b).

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   (d)  Every court shall promulgate a local rule, numbered Local Rule 208.3(a), which [describe] describes the court's motion procedure under Rule 208.3(a). Local Rule 208.3(a)

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Subchapter A.  CIVIL ACTION


Rule 1001.  Definition. Scope.

   (a)  As used in this chapter and in Rules 1506[, 1521,] and 1531 through 1535, ''action'' means a civil action brought in or appealed to any court which is subject to these rules.

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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.

Rule 1026.  Time for Filing. Notice to Plead.

   (a)  Except as provided by Rule [1042.5] 1042.4 or by subdivision (b) of this rule, every pleading subsequent to the complaint shall be filed within twenty days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to plead.

   Official Note:

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   Rule [1042.5] 1042.4 governs actions in which a professional liability claim is asserted.

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Subchapter A.  RULES

Rule 1521.  [Indexing of Decree. Lien and Revival of Decree for Payment of Money] (Rescinded).

   Official Note:  See Rule 3021(a)(2) for the entry in the judgment index of final or interlocutory orders for equitable relief.

   See Rules 3022 and 3023 governing liens of judgments and verdicts for the payment of money, including the duration and effect of the liens.

   See Rule 3025 et seq. governing revival of judgment liens.

Rule 1533.  Special Relief. Receivers.

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   (e)  Except in the case of a public utility, [a] an order authorizing a receiver to operate a business shall be limited to a fixed period, which may be extended from time to time upon cause shown after notice to all parties in interest.

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Rule 3022.  Verdict or Order. Lien. Duration.

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   (b)(1)  Except as provided by paragraph (2), the lien of a verdict or order for a specific sum of money shall have the priority prescribed by Section 8141 of the Judicial Code from the time the verdict or order is entered in the judgment index.

   (2)  Paragraph (1) shall not affect the priority of the lien of a verdict or order for a specific sum of money created prior to the effective date of this rule.

   Official Note:  The effective date of this rule was [______] July 1, 2004.

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Subchapter C.  FORMS

Rule 3049.1.  Abolition of Practice and Procedure Under Repealed Statutes.

   The practice and procedure provided in the following Acts of Assembly which have been repealed by the Judiciary Act Repealer Act (JARA), Act of April 28, 1978, No. 53, are hereby abolished and shall not continue as part of the common law of the Commonwealth:

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   (3)  Sections 2 through 7 inclusive of the Act of July 3, 1947, P. L. 1234, No. 504, known as the Judgment Lien Law, 12 P. S. §§ 878 through 883.

   Official Note:  The Judgment Lien Law was repealed by Section 2(a) of JARA, 42 [Pa.C.S.] P. S. § 20002(a)[(1257)]. The repealed sections concerned the property subject to lien and duration of lien (§ 2), the manner of reviving lien and duration of revived lien (§ 3), scire facias as lien (§ 4), revival of lien against person in armed forces (§ 5), service of scire facias[;] and judgment on return of nihil habet (§ 6), and property subject to execution, lien of execution and execution after five years (§ 7).

[Pa.B. Doc. No. 04-1950. Filed for public inspection October 29, 2004, 9:00 a.m.]

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