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PA Bulletin, Doc. No. 05-413

THE COURTS

Title 246--MINOR COURT CIVIL RULES

PART I. GENERAL

[246 PA. CODE CH. 200]

Proposed Amendments to Rule 214 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges

[35 Pa.B. 1560]

   The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 214 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges1 to provide, in certain circumstances, for the issuance of subpoenas in blank. The Committee has not submitted this proposal for review by the Supreme Court of Pennsylvania.

   The following explanatory Report highlights the Committee's considerations in formulating this proposal. The Committee's Report should not be confused with the Committee's Official Notes to the rules. The Supreme Court does not adopt the Committee's Official Notes or the contents of the explanatory reports.

   The text of the proposed changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.

   We request that interested persons submit written suggestions, comments, or objections concerning this proposal to the Committee through counsel,

Michael F. Krimmel, Counsel
Supreme Court of Pennsylvania
Minor Court Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
Fax 717-795-2175
or e-mail to: minorrules@pacourts.us

   no later than Monday, May 2, 2005.

By the Minor Court Rules Committee

THOMAS E. MARTIN, Jr.,   
Chair

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS

Rule 214. Subpoena; Issuance; Service.

   A.  [District justices] Magisterial District Judges may issue subpoenas throughout the Commonwealth.

   B. (1)  Upon the request of the attorney of record for a party, the magisterial district judge shall issue a subpoena.

   (a)  The subpoena shall be signed and under the seal of the magisterial district judge, but otherwise blank.

   (b)  The attorney requesting the subpoena shall fill in the contents of the subpoena required in subparagraph (3) before the subpoena is served.

   (2)  Upon the request of a party proceeding pro se, the [district justice] magisterial district judge may issue a subpoena [signed and under the seal of the district justice. The district justice shall specify in the subpoena the name and address for service of the person subpoenaed; the date, time, and place at which the person is to appear; and a description of the documents or things that the person is to produce, if any].

   (a)  The party requesting the subpoena shall provide the magisterial district judge with the information required in subparagraph (3).

   (b)  If the subpoena is to be issued, the magisterial district judge shall fill in the information provided.

   (c)  The subpoena shall be signed and under the seal of the magisterial district judge.

   (3)  A subpoena shall specify:

   (a)  The name and address for service of the person being subpoenaed.

   (b)  The name of the party on whose behalf the person is being ordered to testify.

   (c)  The name, address, and telephone number of the attorney, if any, who applied for the subpoena.

   (d)  The date, time, and place at which the person is to appear.

   (e)  A description of the documents or things that the person is to produce, if any.

*      *      *      *      *

   Official Note: See Rule 202 for definition of ''subpoena.'' Compare Pa.R.C.P. Nos. 234.2 and 402(a) and Pa.R.Crim.P. 107.

   [The district justice] When issuing a subpoena pursuant to subparagraph B(2) the magisterial district judge has discretion to limit the scope of [subpoenas] the subpoena to persons, documents, or things that are relevant to the cause of action before the [district justice] magisterial district judge.

   [District justices may not issue subpoenas in blank.] See 42 Pa.C.S. § 1725.1 concerning costs to be charged by magisterial district courts.

REPORT

Proposed Amendments to Rule 214 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges

Issuance of Blank Subpoenas

   I.  Background

   The Minor Court Rules Committee (the Committee) undertook a review of the rules relating to subpoenas, and specifically the issue of whether magisterial district judges may issue subpoenas in blank, at the direction of the Supreme Court of Pennsylvania. In In Re: District Justice Sandra L. Stevanus, No. 60 WM 2003, the Supreme Court was asked to issue a writ of mandamus directing Judge Stevanus to issue blank subpoenas to a defense attorney in a criminal case that was pending in her court. Judge Stevanus refused to issue the blank subpoenas, contending that the party requesting a subpoena must provide the magisterial district court with the information needed to complete the subpoena before the subpoena is issued. In its November 12, 2003 order denying the petition for writ of mandamus, the Supreme Court ordered that ''[t]he Criminal Rules Committee, in consultation with the Minor Rules Committee, is hereby directed to study the question of whether District Justices may issue subpoenas in blank.''

   Upon review of the relevant issues and authorities, and after consultation with the Criminal Procedural Rules Committee (CPRC), the Committee is proposing that Rule 214 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges be amended to expressly allow, in certain circumstances described below, the issuance of subpoenas in blank.2

   II.  Discussion

   Initially, the Committee had taken the position that magisterial district judges should not issue subpoenas in blank, at least in magisterial district court civil and landlord and tenant proceedings. The Committee noted that Pa. R.C.P.M.D.J. Nos. 213 and 214 were adopted by the Supreme Court September 3, 2003, effective January 1, 2004.3 New Rule 214 specifies what information must be contained in the subpoena, including the name and service address of the person being subpoenaed; the date, time, and place at which the person is to appear; and a description of any documents or things the person is to produce. This procedure differs from the usual practice in the courts of common pleas in that the specified information must be contained in the subpoena at the time of issuance. To further reinforce this, the Official Note to Rule 214 makes clear that ''[m]agisterial district judges may not issue subpoenas in blank.''4 In drafting Rule 214, the Committee had thought it unadvisable that magisterial district judges issue subpoenas in blank because there is no pretrial motions practice in magisterial district court civil proceedings, and in particular, no procedural mechanism to quash a subpoena. Therefore, the Committee thought it important that, at the time of issuance, the magisterial district judge have ''discretion to limit the scope of subpoenas to persons, documents, or things that are relevant to the cause of action before the magisterial district judge.''5 The Committee's concerns centered around potential abuses if pro se parties are permitted to prepare and issue subpoenas without the court having any knowledge of who or what is being subpoenaed. For example, there were concerns that pro se parties may attempt to subpoena persons or things that are totally irrelevant to the proceedings, or may request such a large number of documents so as to make compliance with the subpoena extremely burdensome.

   The CPRC pointed out that in most criminal cases the concern about abuses by pro se litigants is less of an issue because there is a representative of the Commonwealth involved, and these individuals are less likely to abuse the subpoena process. For this and other reasons, the CPRC did not share the Committee's concerns about blank subpoenas. Recognizing that the two committees had somewhat different positions on this issue, the two committees formed a joint subcommittee to address the Supreme Court's directive.

   When the joint subcommittee met, it became clear that the concerns about blank subpoenas in both civil and criminal cases centered almost exclusively around cases where no attorney is involved. After considerable discussion, the joint subcommittee agreed to a compromise proposal that would require a magisterial district judge to issue a blank subpoena when requested by an attorney. In cases in which a pro se party or a law enforcement officer requests a subpoena, however, the magisterial district judge will retain discretion whether to issue the subpoena, and the judge will fill in the contents of the subpoena before issuing it to the requesting party.

   The joint subcommittee and the full Committee believe this proposal will adequately safeguard against abuses in the subpoena process, and will give attorneys flexibility to issue subpoenas on behalf of their clients in a manner that is consistent with practice in the courts of common pleas.

   III.  Proposed Rule Changes

   To implement the solution discussed above, the Committee is proposing that Pa. R.C.P.M.D.J. No. 214 be amended to establish different procedures when a subpoena is requested by an attorney on behalf of a party, and when a subpoena is requested by a pro se party. Specifically, Rule 214B would be divided into three subparagraphs. Subparagraph B(1) would require the magisterial district judge to issue a blank subpoena when requested by the attorney of record for a party, and would make clear that the attorney is to fill in the contents of the subpoena before service. Subparagraph B(2) would provide the procedure for issuing a subpoena to a pro se party. This provision would give the magisterial district judge discretion to issue the subpoena, and would require the court to fill in the contents of the subpoena before issuance. Subparagraph B(3) would list the required contents of all subpoenas. Subdivisions A and C would not be amended under this proposal.

[Pa.B. Doc. No. 05-413. Filed for public inspection March 4, 2005, 9:00 a.m.]

   

_______

1  The title ''district justice'' was replaced by ''magisterial district judge'' effective January 29, 2005, in accordance with Act 207 of 2004 and Supreme Court of Pennsylvania Order No. 269, Judicial Administration Docket No. 1 (January 6, 2005).

2  This proposal is being published for public comment in conjunction with a proposal from the CPRC to make similar amendments to the Rules of Criminal Procedure.

3  Recommendation No. 4 Minor Court Rules 2003, approved by Supreme Court of Pennsylvania Order No. 204, Magisterial Docket No. 1 (September 3, 2003), published along with the Committee's explanatory Final Report at 33 Pa.B. 4663 (September 20, 2003).

4  Pa. R.C.P.M.D.J. No. 214, Official Note. The Supreme Court of Pennsylvania does not adopt the contents of the Committee's Official Notes to the rules.

5  Id.


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