Rule 108. Construction of Rules. Intent of Supreme Court Controls.
(a) The object of all interpretation and construction of rules is to ascertain and effectuate the intention of the Supreme Court.
(b) Every rule shall be construed, if possible, to give effect to all its provisions. When the words of a rule are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.
(c) When the words of a rule are not explicit, the intention of the Supreme Court may be ascertained by considering, among other matters:
(1) precedent of the Supreme Court interpreting the current rule;
(2) the commentary accompanying the rule;
(3) the rulemaking history;
(4) other procedures governing the same or similar subjects;
(5) the practice followed under the rule;
(6) the consequences of a particular interpretation; and
(7) the prior practice, if any, including other rules and Acts of Assembly, upon the same or similar subjects.
Comment: For ‘‘commentary accompanying the rule,’’ see Pa.R.J.A. 103, Comment. Concerning subdivision (c)(3), consideration of the rulemaking history may include the occasion and necessity for a rule, circumstances under which it was promulgated, prior practice, and the objective to be attained. Such information may be found in Rules Committees’ reports. See Pa.R.J.A. 103, cmt. Statements contained in these reports have not been adopted by the Supreme Court and should only be consulted for the limited purpose of understanding the history of a rule. For subdivision (c)(6), see Pa.R.J.A. 109 (Presumptions in Ascertaining the Intent of the Supreme Court).
Source The provisions of this Rule 108 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.
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