246 Pa. Code Rule 301. Definition; Scope.

Rule 301. Definition; Scope.

(a)  As used in this chapter, ‘‘action’’ means a civil action brought before a magisterial district judge.
(b)  Civil action includes any action within the jurisdiction of a magisterial district judge except an action by a landlord against a tenant for the recovery of the possession of real property.
(c)  As used in this chapter, ‘‘complaint’’ or civil action shall include, where applicable, the attached and completed Civil Action Hearing Notice form.

Comment:

   Civil action includes actions formerly denominated ‘‘assumpsit’’ or ‘‘trespass’’ (commonly called contract and tort cases, respectively) and civil claims for fines and penalties. See 42 Pa.C.S. §  1515(a)(3) prescribing the jurisdiction of magisterial district judges.
   The rules in this chapter apply to all civil actions before magisterial district judges except an action by a landlord against a tenant for the recovery of possession of real property, which is governed by Chapter 500 of these rules.
   Except as otherwise provided in Pa.R.Civ.P.M.D.J. 350, the rules in this chapter apply to de novo appeals filed pursuant to 75 Pa.C.S. §  3369(j)(4), relating to automated work zone speed enforcement violations, and 75 Pa.C.S. §  3345.1(i.4), relating to civil violations for passing a stopped school bus with flashing red signal lights and an activated side stop signal arm.
   Statutes authorizing a civil fine or penalty include 53 P.S. § §  10617.1 and 10817-A relating to violations of zoning and joint municipal zoning ordinances.

Historical Commentary

   The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

EXPLANATORY COMMENT—1992

   As a result of the computerization of the District Justice offices throughout the Unified Judicial System, the Civil Action Hearing Notice form has been promulgated by Judicial Computer Services (Statewide Automation). Rule 301 recognizes the adoption of the Civil Action Hearing Notice form.

Source

   The provisions of this Rule 301 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended April 12, 2022, effective October 1, 2022, 52 Pa.B. 2357; amended February 10, 2023, effective April 11, 2023, 53 Pa.B. 1057; amended May 22, 2024, effective August 1, 2024, 54 Pa.B. 3147. Immediately preceding text appears at serial pages (413457) to (413458).

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