APPELLATE PROCEEDING WITH RESPECT TO
JUDGMENTS AND OTHER DECISIONS OF MAGISTERIAL
DISTRICT JUDGES IN CIVIL MATTERS
Rule 1001. Definitions.
As used in this chapter:
(1) ‘‘Appeal’’ means an appeal from a judgment to the court of common pleas.
(2) ‘‘Certiorari’’ means an examination by the court of common pleas of the record of proceedings before a magisterial district judge to determine questions raised under Rule 1009A.
(3) ‘‘Claimant’’ includes a defendant with respect to a defendant’s cross-complaint or supplementary action filed pursuant to Rule 342 in the action before the magisterial district judge.
(4) ‘‘Court of common pleas’’ means the court of common pleas of the judicial district in which is located the magisterial district wherein the questioned action of the magisterial district judge took place.
(5) ‘‘Defendant’’ includes a plaintiff with respect to the defendant’s cross-complaint or supplementary action filed pursuant to Rule 342 in the action before the magisterial district judge.
(6) ‘‘Judgment’’ means a judgment rendered by a magisterial district judge under Rules 319, 322, or 514.
(7) ‘‘Proof of service’’ means a verified written statement that service was made by personal service or by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto if service was made by mail.
(8) Service ‘‘by certified or registered mail’’ means the mailing of properly addressed certified or registered mail.
(9) ‘‘Supersedeas’’ means a prohibition against any further execution processes on the judgment affected thereby.
(10) ‘‘Victim of domestic violence’’ means a person who has obtained a protection from abuse order against another individual or can provide other evidence of abuse.
Official Note
Although one of the purposes of the definitions in this rule is to avoid needless repetition throughout these appellate rules, some of the definitions are intended to state or clarify the law as well.
In connection with the definition of ‘‘appeal’’ in subdivision (1), see also Rule 1007 and the Note thereto.
Under subdivision (2), certiorari is restricted to an examination of the record of the proceedings before the magisterial district judge, which will appear on the complaint forms prescribed by the State Court Administrator. See Flaherty v. Atkins, 152 A.2d 280 (Pa. Super. 1959). This is a narrow form of certiorari, both with respect to procedure and the matters which can be considered under Rule 1009A. Since an aggrieved party will be entitled to a broad form of appeal de novo under these rules, there seems to be no justification for providing also for a broad form of certiorari. These restrictions on the writ of certiorari are authorized by § 26 of the Schedule to Article V of the 1968 Constitution. The writ of error, which at common law was probably available only to review the proceedings of a court of record (see Beale v. Dougherty, 3 Binn. 432 (1811)), is not a form of appellate process permitted by these rules. See also County of Carbon v. Leibensperger, 266 A.2d 632 (Pa. 1970) (court of common pleas cannot issue writ of prohibition).
Under subdivision (7), there is no requirement that the sender’s receipt for certified mail be postmarked. There is no return receipt requirement for certified or registered mail. It is no longer necessary that the proof of service be under oath or affirmation; however, the statement is now made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
The definition of ‘‘supersedeas’’ in subdivision (9) points out the limited nature of a supersedeas. See also Rules 1008 and 1013 and the Notes thereto.
Under subdivision (10), the definition of a victim of domestic violence is derived from 68 P.S. § 250.513.
Source The provisions of this Rule 1001 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 4502. Immediately preceding text appears at serial pages (370084) and (386619).
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