reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4548 - Powers of investigating grand jury

§ 4548. Powers of investigating grand jury.
(a) General rule.--
The investigating grand jury shall have the power to inquire into offenses against the criminal laws of the Commonwealth alleged to have been committed within the county or counties in which it is summoned. Such power shall include the investigative resources of the grand jury which shall include but not be limited to the power of subpoena, the power to obtain the initiation of civil and criminal contempt proceedings, and every investigative power of any grand jury of the Commonwealth. Such alleged offenses may be brought to the attention of such grand jury by the court or by the attorney for the Commonwealth, but in no case shall the investigating grand jury inquire into alleged offenses on its own motion.
(b) Presentments.--
The investigating grand jury shall have the power to issue a presentment with regard to any person who appears to have committed within the county or counties in which such investigating grand jury is summoned an offense against the criminal laws of the Commonwealth.
(c) Other powers.--
Except for the power to indict, the investigating grand jury shall have every power available to any other grand jury in the Commonwealth. The jurisdiction, powers and activities of an investigating grand jury shall not, if otherwise lawful, be limited in any way by the charge of the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4550 - Submission of investigations by attorney for the Commonwealth to investigating grand jury

§ 4550. Submission of investigations by attorney for the Commonwealth to investigating grand jury.
(a) General rule.--
Before submitting an investigation to the investigating grand jury the attorney for the Commonwealth shall submit a notice to the supervising judge. This notice shall allege that the matter in question should be brought to the attention of the investigating grand jury because the investigative resources of the grand jury are necessary for proper investigation. The notice shall allege that one or more of the investigative resources of the grand jury are required in order to adequately investigate the matter.
(b) Effect of notice.--
After the attorney for the Commonwealth has filed the notice submitting a matter to the investigating grand jury any or all of the investigative resources of the investigating grand jury may be used as regards the investigation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4551 - Investigating grand jury presentments

§ 4551. Investigating grand jury presentments.
(a) General rule.--
Should the investigating grand jury determine that upon the basis of evidence presented to it a presentment should be returned against an individual, the grand jury shall direct the attorney for the Commonwealth to prepare a presentment which shall be submitted to the investigating grand jury for a vote. Should a majority of the full grand jury vote approval for the presentment it shall then be submitted to the supervising judge. The supervising judge shall examine the presentment, and if it is within the authority of the investigating grand jury and is otherwise in accordance with the provisions of this subchapter, the supervising judge shall issue an order accepting the presentment. Otherwise, the supervising judge shall refuse to accept the presentment and shall order that the investigating grand jury take further appropriate action.
(b) Sealed presentment.--
The supervising judge to whom a presentment is submitted may, on his own motion or at the request of the Commonwealth, direct that the presentment be kept secret until the defendant is in custody or has been released pending trial. In directing that the presentment be kept secret, the supervising judge shall enter an order requiring that the presentment be sealed and that no person shall disclose a return of the presentment except when necessary for issuance and execution of process.
(c) Prosecution by Attorney General.--
Whenever a multicounty investigating grand jury returns a presentment against any person the Attorney General or his designee shall, with respect to the alleged criminal activities, be authorized to prosecute the person on behalf of the Commonwealth by instituting criminal proceedings in the county of appropriate venue. The Attorney General or his designee shall take the oath of office required by law to be taken of district attorneys, and shall be clothed with all the powers and subject to all the liabilities imposed upon district attorneys by law.
(d) Venue.--
In any case where a multicounty investigating grand jury returns a presentment the supervising judge shall select the county for conducting the trial from among those counties having jurisdiction.
(e) Procedure following presentment.--
When the attorney for the Commonwealth proceeds on the basis of a presentment, a complaint shall be filed and the defendant shall be entitled to a preliminary hearing as in other criminal proceedings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4552 - Investigating grand jury reports

§ 4552. Investigating grand jury reports.
(a) General rule.--
Any investigating grand jury, by an affirmative majority vote of the full investigating grand jury, may, at any time during its term submit to the supervising judge an investigating grand jury report.
(b) Examination by court.--
The judge to whom such report is submitted shall examine it and the record of the investigating grand jury and, except as otherwise provided in this section, shall issue an order accepting and filing such report as a public record with the court of common pleas established for or embracing the county or counties which are the subject of such report only if the report is based upon facts received in the course of an investigation authorized by this subchapter and is supported by the preponderance of the evidence.
(c) Sealed report.--
Upon the submission of a report pursuant to subsection (a), if the supervising judge finds that the filing of such report as a public record may prejudice fair consideration of a pending criminal matter, he shall order such report sealed and such report shall not be subject to subpoena or public inspection during the pendency of such criminal matter except upon order of court.
(d) Appeal from refusal to file.--
Failure of the supervising judge to accept and file as a public record a report submitted under this section may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rules.
(e) Authorization of response by nonindicted subject.--
If the supervising judge finds that the report is critical of an individual not indicted for a criminal offense the supervising judge may in his sole discretion allow the named individual to submit a response to the allegations contained in the report. The supervising judge may then in his discretion allow the response to be attached to the report as part of the report before the report is made part of the public record pursuant to subsection (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4553 - Expenses of investigating grand juries and trials resulting therefrom

§ 4553. Expenses of investigating grand juries and trials resulting therefrom.
(a) County.--
The expenses of a county investigating grand jury shall be borne by the county in which it is impaneled.
(b) Multicounty.--
The expenses of any multicounty investigating grand jury shall be borne by the Commonwealth.
(1) Multicounty investigating grand jurors shall be compensated at the rate of $40 for each day that they report for service. Jurors shall be paid a travel allowance at the rate that an employee of the Office of Attorney General on official business would be reimbursed. Jurors shall receive payment of per diem meal expenses in the amounts of $6 for breakfast, $10 for lunch and $25 for dinner for any day or portion thereof that the person is serving as a juror. Only those persons who are required, because of the distance from their residence, to obtain overnight accommodations at the site of the multicounty investigating grand jury shall receive payment of a per diem for breakfast and dinner.
(2) The costs and expenses resulting from any trial of a person against whom a presentment has been issued by a multicounty investigating grand jury shall be borne by the Commonwealth. Costs and expenses under this subsection include, but are not limited to, all reasonable costs incurred by the county for the services of the courts, the trial jury, the sheriff, the clerk of courts, the county prison, the district attorney and any public defender appointed by the court, and related costs and expenses incurred by the county in the course of the trial.
(3) Counties shall be reimbursed from the General Fund of the Commonwealth upon application to the State Treasurer through the Office of Attorney General pursuant to procedures prescribed by that office.
(Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Dec. 19, 1984, P.L.1189, No.225, eff. imd.; Oct. 17, 2002, P.L.880, No.127, eff. imd.)
2002 Amendment.
Act 127 amended subsec. (b).
1984 Amendments.
Acts 218 and 225 amended the entire section, retroactive to March 29, 1983. Act 225 overlooked the amendment by Act 218, but the amendments do not conflict in substance and have both been given effect in setting forth the text of the section.
Cross References.
Section 4553 is referred to in section 4561 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4561 - Compensation of and travel allowance for jurors

§ 4561. Compensation of and travel allowance for jurors.
(a) Compensation.--
A person summoned to serve as a juror shall receive compensation at the rate of $9 a day for the first three days in any calendar year he shall be required to report for service and $25 a day for each day thereafter in such calendar year that such person is required to report. In addition, persons so summoned shall be paid a travel allowance at the rate of 17¢ per mile circular except that no travel allowance shall be paid in the first judicial district.
(b) State reimbursement.--
The Commonwealth shall reimburse each county 80% of the amount expended by the county for such compensation and travel allowance beyond the first three days of service if the juror is participating in a trial or in grand jury proceedings. Application for reimbursement shall be made by the county to the State Treasurer through the Administrative Office pursuant to procedures prescribed by said office. As used in this section, trial participation shall include voir dire examination only if such examination shall have commenced prior to the juror's fourth day of service.
(c) Definition.--
As used in this section, the term "jurors" does not apply to those persons summoned to serve on a multicounty investigating grand jury who are reimbursed under section 4553(b) (relating to expenses of investigating grand juries and trials resulting therefrom).
(Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 17, 2002, P.L.880, No.127, eff. 60 days)
2002 Amendment.
Act 127 added subsec. (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4562 - Juror's right to refuse inquiries

§ 4562. Juror's right to refuse inquiries.
Except where jury tampering is being investigated by the proper authorities, a juror shall not be required to answer to any person concerning the manner in which the jury reached its verdict or why it was unable to agree upon a verdict.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4563 - Protection of employment of petit and grand jurors

§ 4563. Protection of employment of petit and grand jurors.
(a) General rule.--
An employer shall not deprive an employee of his employment, seniority position or benefits, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends court for prospective jury service. Nothing in this section shall be construed to require the employer to compensate the employee for employment time lost because of such jury service.
(b) Penalty.--
Any employer who violates subsection (a) commits a summary offense.
(c) Civil remedy available.--
If an employer penalizes an employee in violation of subsection (a) the employee may bring a civil action for recovery of wages and benefits lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall not exceed wages and benefits actually lost. If he prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court.
(d) Exception.--
Subsection (a) shall not apply to any employer in any retail or service industry employing fewer than 15 persons or any employer in any manufacturing industry employing fewer than 40 persons.
(e) Right to excuse.--
Any individual not entitled to reemployment under subsection (a) shall, upon request to the court, be excused from jury service.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
Cross References.
Section 4563 is referred to in section 5522 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4563.1 - Protection of employment of grand jurors (Deleted by amendment)

§ 4563.1. Protection of employment of grand jurors (Deleted by amendment).
1982 Amendment.
Section 4563.1 was deleted by amendment December 20, 1982, P.L.1409, No.326, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4565 - Challenging certain petit jurors where political subdivision is a party

§ 4565. Challenging certain petit jurors where political subdivision is a party.
A person shall not be challenged for cause and excluded from serving as a juror in any action or proceeding in which a political subdivision is a party or is interested because such person is or was an officer, rated citizen or inhabitant in such political subdivision or owns assessed or taxable property or is liable to the assessment or payment of taxes in such political subdivision. This section shall not apply to peremptory challenges of such persons.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4581 - Interfering with selection of jurors

§ 4581. Interfering with selection of jurors.
(a) Commission members and employees.--
Any member of the jury selection commission or any employee, clerk, investigator or assistant in the employ of the commission, who shall violate any of the provisions of this chapter for the purpose of unlawfully procuring the selection or nonselection of any person for jury service commits a misdemeanor of the second degree and upon conviction thereof shall be forthwith removed from his office or employment and in addition thereto shall be ineligible to hold any public office or employment under the laws of this Commonwealth. In the case of the judicial member of the commission, such member shall be disqualified to hold his position on the commission and the matter shall be referred to the Judicial Conduct Board.
(b) Other persons.--
Any person other than the persons described in subsection (a), who undertakes or offers by illegal means to influence the selection or excusing of any person from jury service or who gives money or anything of value to any person for the purpose of effecting the impartial selection of jurors or to procure exemption from jury service or who solicits, demands or receives money or anything of value or the promise thereof from any person for the purpose of in any manner affecting the selection or exemption of any persons from jury service or performs any of these acts for the purpose of enabling himself or another to evade jury service, commits a misdemeanor of the second degree.
(July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)
1993 Amendment.
Act 56 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4582 - Tampering with names of jurors

§ 4582. Tampering with names of jurors.
Any person who directly or indirectly unlawfully tampers with the names drawn from the master list of prospective jurors or jury wheel or with the master list of prospective jurors or jury wheel or with any array or jury list commits a misdemeanor of the second degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4583 - Tampering with jurors

§ 4583. Tampering with jurors.
Any person who, having in any manner ascertained the names of persons drawn from the master list of prospective jurors or jury wheel, shall thereafter discuss with any prospective juror the facts or alleged facts of any particular suit or cause then listed for trial in the court for which the prospective juror has been summoned for jury service, with the intent to influence the juror in his service or in the consideration of the evidence in the matter, commits a misdemeanor of the second degree. The penalty provided in this section shall be in addition to the penalties now provided by law for bribery.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4583.1 - Aggravated jury tampering

§ 4583.1. Aggravated jury tampering.
(a) Offense defined.--
A person commits the offense of aggravated jury tampering if the person influences, intimidates or impedes or attempts to influence, intimidate or impede a juror in the discharge of the juror's duties in a civil or criminal trial and:
(1) The actor employs force, violence or deception or threatens to employ force or violence upon the juror or, with the requisite intent or knowledge, upon any other person.
(2) The actor offers any pecuniary or other benefit to the juror or, with the requisite intent or knowledge, to any other person.
(3) The actor's conduct is in furtherance of a conspiracy to intimidate a juror.
(4) The actor accepts, agrees or solicits another to accept any pecuniary or other benefit to intimidate a juror.
(b) Grading.--
(1) The offense is a felony of the first degree if murder in the first degree or second degree or a felony of the first degree is the highest classification of crime submitted for deliberation to the jury of which the juror is a member.
(2) The offense is a felony of the second degree if a felony of the second degree is the highest classification of crime submitted for deliberation to the jury of which the juror is a member.
(3) The offense is a felony of the third degree for any other violation of this section.
(Dec. 10, 2001, P.L.855, No.90, eff. 60 days)
2001 Amendment.
Act 90 added section 4583.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 45 - Juries and Jurors › Section 4584 - Failure of juror to appear

§ 4584. Failure of juror to appear.
A prospective juror who has been summoned to serve as a juror and who fails to appear as summoned shall, unless exempt or excused pursuant to section 4503 (relating to exemptions from jury duty), be punishable for contempt of court and may be fined in an amount not exceeding $500 or imprisoned for a term no more than ten days or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 47 - DNA Data and Testing (Repealed) › Section 4701 - § 4703 - (Repealed)

2004 Repeal.
Chapter 47 (Subchapters A - D) was added June 19, 2002, P.L.394, No.57, and repealed November 30, 2004, P.L.1428, No.185, effective in 60 days. The subject matter is now contained in Chapter 23 of Title 44 (Law and Justice).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 49 - Access to Justice › Section 4902 - Declaration

§ 4902. Declaration.
The General Assembly finds and declares as follows:
(1) It is of paramount importance to the citizens of this Commonwealth that all individuals who seek lawful redress of their grievances have equal access to our system of justice.
(2) The availability of civil legal services is essential to providing meaningful access to justice for indigent persons who cannot afford legal representation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 49 - Access to Justice › Section 4903 - Definitions

§ 4903. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Account."
The Access to Justice Account established in section 4904 (relating to establishment of Access to Justice Account).
"Eligible legal services provider."
A not-for-profit entity incorporated in this Commonwealth, tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) or any successor provision, which operates within this Commonwealth for the primary purpose of providing civil legal services without charge and which operates to provide such civil legal services to eligible clients and victims of abuse under contract or subcontract with the Department of Public Welfare for the expenditure of funds appropriated by the General Assembly for the provision of legal services.
"Lobbying activities."
Any effort to influence Federal, State or local legislative or administrative action, including, but not limited to, activities intended to influence the issuance, amendment or revocation of any executive or administrative order or regulation of a Federal, State or local agency, or to influence the introduction, amendment, passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body.
References in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 49 - Access to Justice › Section 4904 - Establishment of Access to Justice Account

§ 4904. Establishment of Access to Justice Account.
There is established in the State Treasury a nonlapsing restricted receipt account to be known as the Access to Justice Account for the deposit of all fees authorized by this chapter.
Cross References.
Section 4904 is referred to in sections 3733, 4903 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 49 - Access to Justice › Section 4905 - Purpose of account

§ 4905. Purpose of account.
(a) Permitted use.--
All moneys in the account and any investment income accrued shall be used exclusively to provide civil legal assistance to poor and disadvantaged persons in this Commonwealth. The Supreme Court shall, by rule, determine eligibility for legal assistance under this subsection.
(b) Prohibited use.--
Recipients of funds under this chapter are prohibited from using these funds to contribute to or be made available to any political party or association or the campaign of any candidate for public or party office or similar political activities or to support or oppose candidates for public or party office or to support or oppose any ballot questions or to engage in lobbying activities except that:
(1) A recipient of funds may engage in lobbying activities in response to a request from a governmental agency, legislative body, committee, member or staff thereof made to the recipient, consistent with the Rules of Professional Conduct.
(2) An eligible legal services provider may engage in lobbying activities in the provision of legal services to an eligible client on a particular application, claim or case which directly involves that client's legal rights and responsibilities; however, this shall not be construed to permit an eligible legal services provider to solicit a client in violation of the Rules of Professional Conduct for the purpose of making such representation possible.
Cross References.
Section 4905 is referred to in section 4906 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 49 - Access to Justice › Section 4906 - Distribution of funds

§ 4906. Distribution of funds.
All moneys deposited in the account and any investment income accrued are hereby annually appropriated to the Administrative Office of the Pennsylvania Courts and shall be distributed annually, upon requisition of the Court Administrator of Pennsylvania, to the Pennsylvania Interest on Lawyers Trust Account Board to contract exclusively with eligible legal services providers for the purpose set forth in section 4905(a) (relating to purpose of account). Funds received by the Pennsylvania Interest on Lawyers Trust Account Board pursuant to this chapter shall be maintained in a separate account and shall be accounted for separately from any other funds received by the board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 49 - Access to Justice › Section 4907 - Expiration of chapter (Repealed)

§ 4907. Expiration of chapter (Repealed).
2017 Repeal.
Section 4907 was repealed October 30, 2017, P.L.725, No.44, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 51 - Preliminary Provisions › Extra - Chapter Notes

Enactment.
Chapter 51 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 51 - Preliminary Provisions › Section 5101 - Remedy to exist for legal injury

§ 5101. Remedy to exist for legal injury.
Every person for a legal injury done him in his lands, goods, person, or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
(Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
Cross References.
Section 5101 is referred to in section 5102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 51 - Preliminary Provisions › Section 5102 - Place and form of filing applications for relief

§ 5102. Place and form of filing applications for relief.
Applications for relief to any court under section 5101 (relating to remedy to exist for legal injury) or under any other provision of law, or documents relating to a matter before a magisterial district judge, shall be filed in such office and in such form as may be prescribed by general rule or rule of court.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 51 - Preliminary Provisions › Section 5104 - Trial by jury

§ 5104. Trial by jury.
(a) General rule.--
Except where the right to trial by jury is enlarged by statute, trial by jury shall be as heretofore, and the right thereof shall remain inviolate. Trial by jury may be waived in the manner prescribed by general rules.
(b) Civil verdicts.--
In any civil case a verdict rendered by at least five-sixths of the jury shall be the verdict of the jury and shall have the same effect as a unanimous verdict of the jury.
(c) Criminal matters.--
In criminal cases the Commonwealth shall have the same right to trial by jury as does the accused.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 amended subsec. (a) and added subsec. (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 51 - Preliminary Provisions › Section 5107 - Service of process

§ 5107. Service of process.
Process may be served or executed on any day of the week except at any church, synagogue, meetinghouse or any place of worship.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; June 25, 1997, P.L.293, No.28, eff. imd.; June 18, 1998, P.L.640, No.84, eff. 120 days)
1998 Amendment.
Act 84 overlooked the amendment by Act 28 of 1997, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 5107.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 51 - Preliminary Provisions › Section 5108 - Imprisonment for debt

§ 5108. Imprisonment for debt.
(a) Constitutional restriction.--
The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be provided or prescribed by law.
(b) Statutory restriction.--
Except in an action for fines and penalties, or as punishment for contempt, or to prevent departure from the Commonwealth, a defendant may not be arrested in any civil matter.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 added section 5108.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 51 - Preliminary Provisions › Section 5110 - Limited waiver of sovereign immunity (Repealed)

§ 5110. Limited waiver of sovereign immunity (Repealed).
1980 Repeal.
Section 5110 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days. The subject matter is now contained in Chapter 85 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 51 - Preliminary Provisions › Section 5111 - Limitations on damages (Repealed)

§ 5111. Limitations on damages (Repealed).
1980 Repeal.
Section 5111 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days. The subject matter is now contained in Chapter 85 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Extra - Chapter Notes

Enactment.
Chapter 53 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References.
Chapter 53 is referred to in section 1579 of Title 15 (Corporations and Unincorporated
            Associations).
Enactment.
Subchapter B.1 was added October 24, 2012, P.L.1459, No.183, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5301 - Persons

§ 5301. Persons.
(a) General rule.--
The existence of any of the following relationships between a person and this Commonwealth shall constitute a sufficient basis of jurisdiction to enable the tribunals of this Commonwealth to exercise general personal jurisdiction over such person, or his personal representative in the case of an individual, and to enable such tribunals to render personal orders against such person or representative:
(1) Individuals.--
(i) Presence in this Commonwealth at the time when process is served.
(ii) Domicile in this Commonwealth at the time when process is served.
(iii) Consent, to the extent authorized by the consent.
(2) Corporations.--
(i) Incorporation under or qualification as a foreign corporation under the laws of this Commonwealth.
(ii) Consent, to the extent authorized by the consent.
(iii) The carrying on of a continuous and systematic part of its general business within this Commonwealth.
(3) Partnerships, limited partnerships, partnership associations, professional associations, unincorporated associations and similar entities.--
(i) Formation under or qualification as a foreign entity under the laws of this Commonwealth.
(ii) Consent, to the extent authorized by the consent.
(iii) The carrying on of a continuous and systematic part of its general business within this Commonwealth.
(b) Scope of jurisdiction.--
When jurisdiction over a person is based upon this section any cause of action may be asserted against him, whether or not arising from acts enumerated in this section. Discontinuance of the acts enumerated in subsection (a)(2)(i) and (iii) and (3)(i) and (iii) shall not affect jurisdiction with respect to any act, transaction or omission occurring during the period such status existed.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 10, 1981, P.L.237, No.77, eff. 60 days)
Cross References.
Section 5301 is referred to in section 5322 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations); section 1502 of Title 17 (Credit Unions).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5302 - Land

§ 5302. Land.
The tribunals of this Commonwealth shall have jurisdiction over land situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.
Cross References.
Section 5302 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5303 - Chattels

§ 5303. Chattels.
The tribunals of this Commonwealth shall have jurisdiction over chattels situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.
Cross References.
Section 5303 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5304 - Documents

§ 5304. Documents.
The tribunals of this Commonwealth shall have jurisdiction over documents situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
Cross References.
Section 5304 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5305 - Corporate shares

§ 5305. Corporate shares.
The tribunals of this Commonwealth shall have jurisdiction, whether or not the persons owning or claiming interests in the shares or share certificates are subject to the jurisdiction of the tribunals of this Commonwealth:
(1) Over shares in a corporation incorporated under the laws of this Commonwealth (subject to the limitations of Title 13 (relating to commercial code)).
(2) Over share certificates which are located within this Commonwealth.
(3) Over shares in a corporation represented by share certificates located within this Commonwealth if the law of the jurisdiction of incorporation embodies the share in the share certificates.
(Nov. 1, 1979, P.L.255, No.86, eff. Jan. 1, 1980)
Cross References.
Section 5305 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5306 - Obligations

§ 5306. Obligations.
The tribunals of this Commonwealth shall have jurisdiction over obligations owed by persons who are subject to the jurisdiction of the tribunals of this Commonwealth whether or not the persons to whom the obligations are owed are subject to the jurisdiction of the tribunals of this Commonwealth.
Cross References.
Section 5306 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5307 - Status

§ 5307. Status.
The judicial jurisdiction over status granted to the courts of this Commonwealth by the Constitution and statutes of this Commonwealth may be exercised:
(1) to the extent permitted by the Constitution of the United States, except as limited by the Constitution and laws of this Commonwealth; and
(2) in the manner permitted by the laws of this Commonwealth.
Cross References.
Section 5307 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5308 - Necessary minimum contacts

§ 5308. Necessary minimum contacts.
The tribunals of this Commonwealth may exercise jurisdiction under this subchapter only where the contact with this Commonwealth is sufficient under the Constitution of the United States.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 added section 5308.
Cross References.
Section 5308 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5321 - Short title of subchapter

§ 5321. Short title of subchapter.
This subchapter shall be known and may be cited as the "Uniform Interstate and International Procedure Act."
Cross References.
Section 5321 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5323 - Service of process on persons outside this Commonwealth

§ 5323. Service of process on persons outside this Commonwealth.
(a) Manner of service.--
When the law of this Commonwealth authorizes service of process outside this Commonwealth, the service, when reasonably calculated to give actual notice, may be made:
(1) By personal delivery in the manner prescribed for service within this Commonwealth.
(2) In the manner provided or prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction.
(3) By any form of mail addressed to the person to be served and requiring a signed receipt.
(4) As directed by the foreign authority in response to a letter rogatory.
(5) As directed by a court.
(b) Proof of service.--
Proof of service outside this Commonwealth may be made by affidavit of the individual who made the service or in the manner provided or prescribed by the law of this Commonwealth, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the tribunal.
(c) Individuals eligible to make service.--
Service outside this Commonwealth may be made by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is made or who is designated by a tribunal of this Commonwealth.
(d) Certain individuals to be served.--
When the law of this Commonwealth requires that in order to effect service one or more designated individuals be served, service outside this Commonwealth under section 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth) must be made upon the designated individual or individuals.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 449, adopted June 3, 1994, provided that section 5323 shall not be deemed suspended or affected by Rules 400 through 441 relating to service of original process and other legal papers.
Cross References.
Section 5323 is referred to in section 5329 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5324 - Assistance to tribunals and litigants outside this Commonwealth with respect to service

§ 5324. Assistance to tribunals and litigants outside this Commonwealth with respect to service.
(a) General rule.--
A court of record of this Commonwealth may order service upon any person who is domiciled or can be found within this Commonwealth of any document issued in connection with a matter in a tribunal outside this Commonwealth. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this Commonwealth and shall direct the manner of service.
(b) Court order not necessary.--
Service in connection with a matter in a tribunal outside this Commonwealth may be made within this Commonwealth without an order of court.
(c) Effect on recognition of order.--
Service under this section does not, of itself, require the recognition or enforcement of an order rendered outside this Commonwealth.
Cross References.
Section 5324 is referred to in section 5329 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5325 - When and how a deposition may be taken outside this Commonwealth

§ 5325. When and how a deposition may be taken outside this Commonwealth.
(a) General rule.--
A deposition to obtain testimony or documents or other things in a matter pending in this Commonwealth may be taken outside this Commonwealth:
(1) On reasonable notice in writing to all parties, setting forth the time and place for taking the deposition, the name and address of each person to be examined, if known, and if not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title of the person before whom the deposition will be taken. The deposition may be taken before a person authorized to administer oaths in the place in which the deposition is taken by the law thereof or by the law of this Commonwealth or the United States.
(2) Before a person commissioned by the tribunal of this Commonwealth. The person so commissioned has the power by virtue of his commission to administer any necessary oath.
(3) Pursuant to a letter rogatory issued by the court. A letter rogatory may be addressed "To the Appropriate Authority in (here name the state or country)."
(4) In any manner before any person, at any time or place, or upon any notice stipulated by the parties. A person designated by the stipulation has the power by virtue of his designation to administer any necessary oath.
(b) Commission or letter rogatory.--
A commission or a letter rogatory shall be issued after notice and application to the court, and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and a letter rogatory may be issued in proper cases. Evidence obtained in a foreign country in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within this Commonwealth.
(c) Deposition prior to commencement of matter.--
When no matter is pending, a tribunal of this Commonwealth may authorize a deposition to be taken outside this Commonwealth of any person regarding any matter that may be cognizable in any tribunal of this Commonwealth. Subject to general rules, the tribunal may prescribe the manner in which and the terms upon which the deposition shall be taken.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 4023, adopted November 20, 1978, provided that section 5325 shall not be deemed suspended or affected. Rules 4001 through 4025 relate to depositions and discovery.
Cross References.
Section 5325 is referred to in sections 5329, 5919 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5326 - Assistance to tribunals and litigants outside this Commonwealth with respect to depositions (Repealed)

§ 5326. Assistance to tribunals and litigants outside this Commonwealth with respect to depositions (Repealed).
2012 Repeal.
Section 5326 was repealed October 24, 2012, P.L.1459, No.183, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 53 - Bases of Jurisdiction and Interstate and International Procedure › Section 5327 - Determination of foreign law

§ 5327. Determination of foreign law.
(a) Notice.--
A party who intends to raise an issue concerning the law of any jurisdiction or governmental unit thereof outside this Commonwealth shall give notice in his pleadings or other reasonable written notice.
(b) Materials to be considered.--
In determining the law of any jurisdiction or governmental unit thereof outside this Commonwealth, the tribunal may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence.
(c) Court decision and review.--
The court, not jury, shall determine the law of any governmental unit outside this Commonwealth. The determination of the tribunal is subject to review on appeal as a ruling on a question of law.
Cross References.
Section 5327 is referred to in section 5329 of this title.