reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 15 - DISPOSITIONAL HEARING › Part B - DISPOSITIONAL HEARING AND AIDS › Rule 1516 - Service of the Dispositional Order

Current through Register Vol. 54, No. 28, July 13, 2024
Upon entry of the disposition, the court shall issue a
						dispositional order and the order shall be served promptly upon all parties,
						their attorneys, and any other person as directed by the court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part A - SUMMONS, NOTICE, AND REPORTS › Rule 1600 - Summons for the Permanency Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Summons
. At least fifteen
					 days prior to the permanency hearing, the court may issue a summons compelling
					 any party to appear for the permanency hearing.
B.
Order appearance
. The
					 court may order the person having the physical custody or control of the child
					 to bring the child to the hearing.
C.
Requirements
. The general
					 summons procedures of Rule 1124 shall be followed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part A - SUMMONS, NOTICE, AND REPORTS › Rule 1601 - Permanency Hearing Notice

Current through Register Vol. 54, No. 28, July 13, 2024
A. At
					 least fifteen days prior to the hearing, the court or its designee shall give
					 notice of the permanency hearing to:
1) all
					 parties;
2) The attorney for the
					 county agency;
3) The child's
					 attorney
4) The guardian's
					 attorney;
5) The parents, child's
					 foster parent, preadoptive parent, or relative providing care for the
					 child;
6) The court appointed
					 special advocate, if assigned;
7)
					 the educational decision maker, if applicable; and
8) any other persons as directed by the
					 court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part A - SUMMONS, NOTICE, AND REPORTS › Rule 1604 - Submission of Reports

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally.
1) A foster
					 parent, preadoptive parent, or relative providing care for a child may submit a
					 report regarding the child's adjustment, progress, and condition for review by
					 the court.
2) The report shall be
					 submitted to the court designee at least seven days prior to the permanency
					 hearing.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part B(1) - MODIFICATIONS › Rule 1606 - Modification of Dependent Child's Placement

Current through Register Vol. 54, No. 28, July 13, 2024
A.
County agency's duties
.
1)
Emergencies
.
a) Only in an emergency when a judge cannot
					 be reached, a child may be placed temporarily in a shelter care facility or
					 other appropriate care.
b) The
					 county agency immediately shall notify the court and all parties of any change
					 made due to the emergency.
c) The
					 county agency shall file a motion or stipulation for modification of the
					 dispositional order by the next business day of the child's placement in a
					 shelter care facility or other appropriate care.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part B(2) - PERMANENCY HEARING › Rule 1607 - Regular Scheduling of Permanency Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Thirty days
. The court
					 shall conduct permanency hearings within thirty days of:
1) an adjudication of dependency at which the
					 court determined that aggravated circumstances exist and that reasonable
					 efforts to prevent or eliminate the need to remove the child from the child's
					 guardian or to preserve and reunify the family need not be made or continue to
					 be made;
2) a permanency hearing at
					 which the court determined that aggravated circumstances exist and that
					 reasonable efforts to prevent or eliminate the need to remove the child from
					 the child's guardian or to preserve and reunify the family need not be made or
					 continue to be made and the permanency plan for the child is incomplete or
					 inconsistent with the court's determination;
3) an allegation that aggravated
					 circumstances exist regarding a child who has been adjudicated dependent;
					 or
4) a motion alleging that the
					 hearing is necessary to protect the safety or physical, mental, or moral
					 welfare of a dependent child.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part B(2) - PERMANENCY HEARING › Rule 1608 - Permanency Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose and Timing of
					 Hearing
. For every case, the court shall conduct a permanency hearing
					 at least every six months for purposes of determining or reviewing:
1 the permanency plan of the child;
2 the date by which the goal of permanency
					 for the child might be achieved; and
3 whether the placement continues to be best
					 suited to the safety, protection, and physical, mental, and moral welfare of
					 the child.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part B(2) - PERMANENCY HEARING › Rule 1609 - Permanency Hearing Orders

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Court Order
. After every permanency hearing, the court shall
					 issue a written order, which provides whether the permanency plan is best
					 suited to the safety, protection, and physical, mental, and moral welfare of
					 the child.
B.
Determination
					 made
. The court's order shall reflect a determination made pursuant to
					 Rule 1608(D) .
C.
Transfer
					 of custody
. If the court decides to transfer custody of the child to a
					 person found to be qualified to provide care, shelter, and supervision of the
					 child, the permanency order shall include:
1)
					 the name and address of such person unless disclosure is prohibited by court
					 order;
2) the limitations of the
					 order, including the type of custody granted; and
3) any temporary visitation rights of
					 parents.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part B(2) - PERMANENCY HEARING › Rule 1610 - Permanency Hearing for Children over Eighteen

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Purpose and timing of
					 hearing.
For every case for children over the age of eighteen, the
					 court shall conduct a permanency hearing at least every six months for purposes
					 of determining:
(1) whether the child
					 continues to meet the definition of child under Rule 1120 and has requested the
					 court to retain dependency jurisdiction;
2) whether the transition plan of the child
					 is consistent with Rule 1631(E)(2);
3) The date by which the goal of permanency
					 for the child might be achieved; and
4) whether the placement continues to be best
					 suited to the safety, protection, and physical, mental, and moral welfare of
					 the child.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part B(2) - PERMANENCY HEARING › Rule 1611 - Permanency Hearing Orders for Children over Eighteen

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Court order.
After every
					 permanency hearing for children over the age of eighteen, the court shall issue
					 a written order, which provides whether the transition plan is best suited to
					 the safety, protection, and physical, mental, and moral welfare of the
					 child.
B.
Determinations
					 made.
The court's order shall reflect the determinations made pursuant
					 to Rule 1610(D) .
C.
Orders
					 on family finding.
1) The court
					 order shall indicate whether family finding efforts made by the county agency
					 were reasonable;
2) If the family
					 finding efforts were not reasonable, the court shall order the county agency to
					 engage in family finding prior to the next permanency hearing;
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part D - CESSATION OR RESUMPTION OF COURT SUPERVISION OR JURISDICTION › Rule 1631 - Termination of Court Supervision

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Concluding Supervision.
Any party, or the court on its own motion, may move for the termination of
					 supervision when court-ordered services from the county agency are no longer
					 needed and:
1 the child has remained with the
					 guardian and the circumstances which necessitated the dependency adjudication
					 have been alleviated;
2 the child
					 has been reunified with the guardian and the circumstances which necessitated
					 the dependency adjudication and placement have been alleviated;
3 the child is under 18 years of age and has
					 been placed with a ready, willing, and able parent who was not previously
					 identified by the county agency;
4
					 the child has been adopted and services from the county agency are no longer
					 needed;
5 the child has been placed
					 in the custody of a permanent legal custodian and services from the county
					 agency are no longer needed;
6 the
					 child has been placed in the physical and legal custody of a fit and willing
					 relative and services from the county agency are no longer needed;
7 the child has been placed in another living
					 arrangement intended to be permanent and services from the county agency are no
					 longer needed and a hearing has been held pursuant to subdivision (e) for a
					 child who is age eighteen or older;
8 the child has been adjudicated delinquent
					 and services from the county agency are no longer needed because all dependency
					 issues have been resolved;
9 the
					 child has been emancipated by the court;
10 the child is 18 years of age or older and
					 a hearing has been held pursuant to subdivision (e);
11 the child has died;
12 a court in another county of this
					 Commonwealth has accepted jurisdiction; or
13 a court in another state has accepted
					 jurisdiction.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part D - CESSATION OR RESUMPTION OF COURT SUPERVISION OR JURISDICTION › Rule 1634 - Motion for Resumption of Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Venue.
A motion to resume
					 jurisdiction shall be filed with the court that terminated court supervision of
					 the child pursuant to Rule 1631.
B.
Contents.
The motion for resumption of jurisdiction shall
					 aver:
1) dependency jurisdiction was
					 previously terminated:
a) within ninety days
					 prior to the child's eighteenth birthday; or
b) on or after the child's eighteenth
					 birthday; and
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 16 - POST-DISPOSITIONAL PROCEDURES › Part D - CESSATION OR RESUMPTION OF COURT SUPERVISION OR JURISDICTION › Rule 1635 - Hearing on Motion for Resumption of Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Time for hearing.
Within
					 thirty days of receiving a motion for resumption of jurisdiction, the court
					 shall conduct a hearing to determine whether it will resume juvenile court
					 jurisdiction.
B.
Notice.
Notice of the date, time, place, and purpose of the
					 hearing shall be given to:
1) The county
					 agency;
2) The attorney for the
					 county agency;
3) The
					 child;
4) The child's
					 attorney;
5) any other persons,
					 including the guardian or other interested adult, as directed by the
					 court.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 17 - AGGRAVATED CIRCUMSTANCES › Rule 1701 - Motion for Finding of Aggravated Circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Dependency Petitions
. A
				  motion for finding of aggravated circumstances may be included in a dependency
				  petition pursuant to Rule 1330.
B.
Motion for Aggravated Circumstances
. If it is determined that
				  aggravated circumstances exist after the filing of the petition, a request for
				  a finding of aggravated circumstances shall be made by motion pursuant to Rule
				  1344. The motion shall be written.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 17 - AGGRAVATED CIRCUMSTANCES › Rule 1702 - Filing of Motion for Finding of Aggravated Circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
A motion for finding of aggravated circumstances shall be
					 filed with the clerk of courts by the county agency as soon as possible but no
					 later than twenty-one days from the determination by the county agency that
					 aggravated circumstances exist.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart B - DEPENDENCY MATTERS › Chapter 17 - AGGRAVATED CIRCUMSTANCES › Rule 1705 - Adjudication of Aggravated Circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Finding after adjudication of
				  dependency
. After a finding of dependency pursuant to Rule 1409, the
				  court shall determine if aggravated circumstances exist.
B.
Reasonable efforts
. If
				  the court finds aggravated circumstances exist, the court shall determine
				  whether reasonable efforts to prevent or eliminate the need for removing the
				  child from the home or to preserve and reunify the family shall be made or
				  continue to be made and the court shall proceed to a dispositional hearing
				  under Rule 1512.
C.
Court
				  order
. If the court finds that reasonable efforts pursuant to
				  paragraph (B) were made, the court shall include a statement in its order to
				  that effect.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 100 - RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES › Rule 101 - Establishment of Offices. Minimum Office Standards

Current through Register Vol. 54, No. 28, July 13, 2024
A. The governing body of the county shall
				establish an office or offices for each magisterial district judge whose
				magisterial district is situated in the county at such locations within the
				county as may be approved by the president judge of the court of common pleas
				of the judicial district which includes the county. The governing body shall
				insofar as possible insure that each office meets the following minimum
				standards:
(1) The principal office should be
				located in a place convenient to the public and which will allow the business
				of the office to be conducted with dignity, decorum and dispatch.
(2) Such office shall not be located in or
				appurtenant to the residence or place of business of the magisterial district
				judge. It shall have a hearing room and such other rooms as may be necessary,
				and shall be provided with necessary furniture and equipment.
(3) A magisterial district judge shall be
				provided with such staff, forms, supplies and equipment as shall be necessary
				for the proper performance of his or her duties. To maintain the dignity of the
				office, he or she shall be provided with judicial robes.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 100 - RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES › Rule 102 - Implementation Committees

Current through Register Vol. 54, No. 28, July 13, 2024
The president judge of the court of common pleas of each
				  judicial district may establish one or more continuing committees to make
				  recommendations concerning the implementation of these rules.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 100 - RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES › Rule 110 - Bonds of Magisterial District Judges

Current through Register Vol. 54, No. 28, July 13, 2024
Each magisterial district judge is required to give bond in
				  such sum, not less than $25,000, as shall be directed by the president judge of
				  the court of common pleas of the judicial district in which is located the
				  magisterial district of the magisterial district judge, with one or more
				  sufficient sureties. The bond shall be lodged with the prothonotary of the
				  court of common pleas, be conditioned on the faithful application of all moneys
				  that come into the hands of the magisterial district judge as an officer, and
				  be for the benefit of the Commonwealth and its political subdivisions and all
				  persons who may sustain injury from the magisterial district judge in his or
				  her official capacity.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 100 - RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES › Rule 111 - Seal

Current through Register Vol. 54, No. 28, July 13, 2024
A. Each magisterial
				district shall have and use a seal, which shall be in the custody of the
				magisterial district judge elected or appointed for the magisterial district.
				The official acts of the magisterial district judge shall be authenticated
				therewith. There shall be engraved on the seal the same device as is engraved
				on the great seal of the State, and the words "Commonwealth of Pennsylvania,"
				the name of the county, the number of the magisterial district, and the words
				"Magisterial District Judge."
B. A
				facsimile or preprinted seal may be used for all purposes in lieu of the
				original seal.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 100 - RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES › Rule 112 - Availability and Temporary Assignments of Magisterial District Judges

Current through Register Vol. 54, No. 28, July 13, 2024
A. The president
				judge of each judicial district shall be responsible for ensuring the
				availability during regular business hours within the judicial district of at
				least one magisterial district judge to handle matters requiring attention in
				civil and possessory actions.
B.
(1) The president judge or his or her
				designee may assign temporarily the magisterial district judge of any
				magisterial district to serve another magisterial district whenever such
				assignment is needed:
(a) To satisfy the
				requirements of paragraph A.
(b)
				When a magisterial district judge has disqualified himself or herself either at
				the request of a party or sua sponte.
(c) To otherwise provide for the efficient
				administration of justice.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 100 - RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES › Rule 113 - Use of Facsimile Signature

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge may authorize the use of a
				  facsimile signature in lieu of an original signature on certain documents
				  listed by the Administrative Office of Pennsylvania Courts. Such list shall be
				  maintained by the Administrative Office of Pennsylvania Courts. All documents
				  not so designated and maintained by the Administrative Office of Pennsylvania
				  Courts shall require an original signature.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 201 - Citation of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall be known as the Pennsylvania Rules of Civil
				  Procedure Governing Actions and Proceedings Before Magisterial District Judges
				  and may be cited as " Pa.R.Civ.P.M.D.J. __________."
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 202 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in these rules, the following words and phrases shall
				  have the following meanings unless the context clearly indicates otherwise or
				  the particular word or phrase is expressly defined in the chapter in which the
				  particular rule is included:
"adult" means an individual eighteen years of age or
				  older;
"advanced communication technology" is any communication
				  equipment that is used as a link between parties in physically separate
				  locations.
"attorney at law" means an individual admitted to practice
				  law by the Supreme Court of Pennsylvania;
"attorney of record" means an attorney at law who has filed a
				  written document in accordance with Rule
				  207.1 as appearing for and
				  representing a party in a legal proceeding;
"competent adult" means an individual eighteen years of age
				  or older who is (1) not an incapacitated person, (2) not a party to the action,
				  and (3) not an employee or a relative of a party;
"constable" means a certified constable or a certified deputy
				  constable;
"magisterial district judge" means the magisterial district
				  judge before whom the action or proceeding is pending;
"incapacitated person" means an incapacitated person as that
				  term is defined under
				  20 Pa.C.S. §
										5501
				  (relating to meaning of incapacitated person);
"prothonotary" includes any officer exercising the powers and
				  performing the duties of the office of prothonotary as set forth in the
				  Judicial Code, and includes the analogous officer in those counties which do
				  not have a prothonotary;
"sheriff" includes a deputy sheriff;
"subpoena" means an order of the magisterial district judge
				  commanding a person to attend and testify at a particular time and place; it
				  may also require the person to produce documents or things which are under the
				  possession, custody, or control of that person;
"verified," when used in reference to a written statement of
				  fact by the signer, means supported by oath or affirmation or made subject to
				  the penalties of
				  18 Pa.C.S. §
										4904 relating
				  to unsworn falsification to authorities.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 203 - Computation of Time

Current through Register Vol. 54, No. 28, July 13, 2024
A. When any
				period of time is referred to in any rule, such period in all cases, except as
				otherwise provided in subdivision B of this rule, shall be so computed as to
				exclude the first and include the last day of such period. Whenever the last
				day of any such period shall fall on Saturday or Sunday, or on any day made a
				legal holiday by the laws of this Commonwealth or of the United States, such
				day shall be omitted from the computation.
B. Whenever in any rule the lapse of a number
				of months after a certain day is required, such number of months shall be
				computed by counting the months from such day, excluding the calendar month in
				which such day occurs, and shall include the day of the month in the last month
				so counted having the same numerical order as the day of the month from which
				the computation is made, unless there are not so many days in the last month so
				counted, in which case the period computed shall expire with the last day of
				such month.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 204 - Purpose and Construction of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
The purpose and intent of these rules is to provide a complete
				and exclusive procedure for every action or proceeding to which they are
				applicable.
(b)
Construction.
In the construction of the Pennsylvania Rules of Civil
				Procedure Governing Actions and Proceedings Before Magisterial District Judges, the
				principles set forth in Pa.R.J.A. 104 to 115 shall be observed.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 205 - Record of Proceedings. Transcript of Record

Current through Register Vol. 54, No. 28, July 13, 2024
A. A record of any proceedings before a
				magisterial district judge, including proof of service, returns, entry of
				judgment and other matters, appearing on a form prescribed by the State Court
				Administrator shall for all purposes be considered to be a sufficient record of
				those proceedings.
B. A copy of any
				such record appearing on such a form, certified to be a true copy by the
				magisterial district judge in whose office the record is on file or by any
				other official custodian of the record, shall for all purposes be considered to
				be a sufficient transcript of the record, including any judgment, order or
				other disposition contained therein.
C. Any Act of Assembly or part thereof
				inconsistent with this rule is suspended, to the extent of such
				inconsistency.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 207 - Representation in Magisterial District Court Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In magisterial district court
				proceedings:
(1) Individuals may be
				represented by themselves, by an attorney at law, or by a representative with
				personal knowledge of the subject matter of the litigation and written
				authorization from the individual to appear as the individual's
				representative.
(2) Partnerships
				may be represented by an attorney at law, a partner, or by an employee or
				authorized agent of the partnership with personal knowledge of the subject
				matter of the litigation and written authorization from a partner to appear as
				the partnership's representative.
(3) Corporations or similar entities and
				unincorporated associations may be represented by an attorney at law, by an
				officer of the corporation, entity, or association, or by an employee or
				authorized agent of the corporation, entity, or association with personal
				knowledge of the subject matter of the litigation and written authorization
				from an officer of the corporation, entity, or association to appear as its
				representative.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 207.1 - Attorney of Record; Notices

Current through Register Vol. 54, No. 28, July 13, 2024
(A) An
				attorney at law shall be deemed the attorney of record for a party if and only
				if the attorney files with the magisterial district court a written statement
				acknowledging that he or she represents the party in the proceeding. The
				written statement must include the attorney's name, mailing address, and
				Supreme Court of Pennsylvania attorney identification number.
(B) An attorney of record for a party shall
				remain the attorney of record for that party until:
(1) The attorney of record gives written
				notice to the magisterial district court and the party that he or she is
				withdrawing as the attorney of record for the party, or;
(2) another attorney becomes the attorney of
				record for the party in accordance with paragraph (A).
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 208 - Repealed Acts of Assembly not to Continue as Part of the Common Law

Current through Register Vol. 54, No. 28, July 13, 2024
No Act of Assembly pertaining to civil practice and procedure
				  before magisterial district judges or to appellate proceedings with respect to
				  judgments and decisions of magisterial district judges in civil matters which
				  was repealed by § 2 of the Judiciary Act Repealer Act, Act of April 28, 1978,
				  P. L. 202, No. 53, shall continue as part of the common law of Pennsylvania
				  under § 3(b) of that Act.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 209 - Continuances and Stays

Current through Register Vol. 54, No. 28, July 13, 2024
A. Continuances
				may be granted for cause or by agreement.
B. Continuances shall be to a specific time
				and date. The magisterial district judge shall note continuances on the docket
				and shall promptly give or mail to the parties written notice of
				continuances.
C. Except for good
				cause shown,
(1) not more than one continuance
				shall be granted to each party, and
(2) the aggregate of all continuances shall
				not extend the date of the hearing:
(a) beyond
				90 days from the date of filing the plaintiff's complaint in proceedings
				commenced pursuant to Rule 303, or
(b) beyond 30 days from the date of filing
				the landlord's complaint in proceedings commenced pursuant to Rule
				502.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 210 - Practices Prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
The following practices are specifically prohibited:
(1) The use of depositions or interrogatories
				for discovery or use at a hearing.
(2) Adding parties after the complaint is
				filed.
(3) Attachment proceedings
				previous to judgment.
(4) Entry of
				a judgment by warrant of attorney or by confession of judgment.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 210 - Practices Prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
The following practices are specifically prohibited:
(a) The use of depositions or interrogatories for
				discovery or use at a hearing.
(b)
				Adding parties after the complaint is filed, except as provided by Pa.R.Civ.P.M.D.J.
				513.1.
(c) Attachment proceedings
				previous to judgment.
(d) Entry of a
				judgment by warrant of attorney or by confession of judgment.
Comment:
In keeping with the policy of making the procedures in actions
				  before magisterial district judges as simple and nontechnical as possible and in
				  view of the time limitations imposed elsewhere in these rules, it was thought
				  desirable to prohibit specifically the practices mentioned in the four subdivisions
				  of this rule.
See also
Pa.R.Civ.P.M.D.J. 204 and 381.
Pa.R.Civ.P.M.D.J. 513.1 permits an individual to file an
				  intervention request in a landlord-tenant action.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 211 - Abolished, Consolidated, or Changed Magisterial Districts; Subsequent Filings

Current through Register Vol. 54, No. 28, July 13, 2024
When these rules specify that a party is to file or serve an
				  ancillary or supplementary action in the magisterial district court which
				  rendered a judgment or issued other process, but that court no longer exists or
				  its magisterial district boundaries have been changed, the party may file or
				  serve the ancillary or supplementary action only in the magisterial district
				  court in which the original record of the proceedings containing the judgment
				  is filed.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 212 - Design of Forms

Current through Register Vol. 54, No. 28, July 13, 2024
The Court Administrator of Pennsylvania, in consultation with
				  the Minor Court Rules Committee, shall design and publish forms necessary to
				  implement these rules.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 213 - Subpoena to Attend and Testify

Current through Register Vol. 54, No. 28, July 13, 2024
A. A
				subpoena may be used to command a person to attend and to produce documents or
				things only at a trial or hearing in an action or proceeding pending before the
				magisterial district judge.
B. A
				subpoena may not be used to compel a person to appear or to produce documents
				or things ex parte before an attorney, a party, or a representative of the
				party.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 214 - Subpoena; Issuance; Service

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				Magisterial district judges may issue subpoenas throughout the Commonwealth.
				Magisterial district judges shall not issue subpoenas in blank.
B. Upon the request of a party proceeding
pro se
, the authorized representative of a party, or an
				attorney of record, the magisterial district judge may issue a subpoena signed
				and under the seal of the magisterial district judge. The magisterial district
				judge shall specify in the subpoena the name and address for service of the
				person subpoenaed; the name of the party on whose behalf the person is being
				ordered to testify; 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.
(1) The party, authorized representative,
				or attorney of record requesting the subpoena shall provide the magisterial
				district court with the information required in paragraph (B).
(2) If the subpoena is to be issued, the
				magisterial district court shall fill in the information provided and return it
				to the requestor for service.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 215 - Advanced Communication Technology

Current through Register Vol. 54, No. 28, July 13, 2024
Magisterial district judges may authorize the use of advanced
				  communication technology during any civil proceeding or action governed by the
				  Rules of Civil Procedure for Magisterial District Judges.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 216 - Local Rules

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements for the promulgation and amendment of local
				  procedural rules for proceedings in magisterial district courts subject to
				  these rules are set forth in Pennsylvania Rule of Judicial Administration
				  103(d).
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 200 - RULES OF CONSTRUCTION; GENERAL PROVISIONS › Rule 217 - Confidential Information and Confidential Documents. Certification

Current through Register Vol. 54, No. 28, July 13, 2024
Unless public access is otherwise constrained by applicable
				  authority, any attorney, or any party if unrepresented, who files a document
				  pursuant to these rules with a magisterial district court shall comply with the
				  requirements of Sections
				  7.0 and
				  8.0 of the
Case Records
				  Public Access Policy of the Unified Judicial System of Pennsylvania
(Policy) including a certification of compliance with the Policy and, as
				  necessary, a Confidential Information Form or a Confidential Document Form in
				  accordance with the Policy.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 301 - Definition; Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 301 - Definition; Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 302 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
A. An action
				against an individual may be brought in and only in a magisterial district
				where:
(1) The individual may be served,
				or
(2) The cause of action arose,
				or
(3) a transaction or occurrence
				took place out of which the cause of action arose.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 302 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
A. An action against an individual may be brought
				in and only in a magisterial district where:
(1)
				The individual may be served, or
(2) The
				cause of action arose, or
(3) a
				transaction or occurrence took place out of which the cause of action
				arose.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 304 - Form of Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
A. The
				complaint shall be made in writing on a form prescribed by the State Court
				Administrator.
B. The complaint
				shall set forth:
(1) The names and addresses
				of the parties.
(2) The amount
				claimed.
(3) A brief and concise
				statement of the facts upon which the claim is based including:
(a) the date, time and place of the
				occurrence and a brief description of the damages sustained when the claim
				alleges tortious conduct; or
(b)
				the date of the transaction and a brief description of the subject matter when
				the claim is contractual;
(c) the
				date and description of the occurrence when the claim is for a civil fine or
				penalty and the citation to the statute authorizing the claim.
(4) Such other information as shall
				be required on the complaint form.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 305 - Setting the Date for Hearing; Delivery for Service

Current through Register Vol. 54, No. 28, July 13, 2024
The magisterial district judge, at the time the complaint is
				  filed, shall:
(1) Set a hearing date
				which shall be not less than 12 or more than 60 days from the date the
				complaint is filed.
(2) Insert the
				hearing time and date and the address of the magisterial district court in the
				complaint form.
(3) Deliver a copy
				of the complaint form with hearing time and date thereon to the
				plaintiff.
(4) Deliver a copy of
				the complaint form with hearing time and date thereon for service on the
				defendant as hereinafter set forth, which copy shall contain the following
				notice:
(a) If you intend to enter a defense
				to this complaint you should so notify this office immediately.
(b) If you have a claim against the plaintiff
				which is within magisterial district court jurisdiction and which you intend to
				assert at the hearing, you must file it on a complaint form at this office at
				least five days before the date set for the hearing.
(c) YOU MUST APPEAR AT THE HEARING AND
				PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY
				DEFAULT.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 306 - Numbering and Filing of Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
The magisterial district judge shall retain the original of
				  the complaint. Complaints shall be numbered consecutively in order of filing,
				  annually, and shall be filed as prescribed by the Court Administrator of
				  Pennsylvania. Complaints filed in the case by a defendant shall take the same
				  number as the plaintiff's complaint.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 307 - Service of the Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
Service shall be made at least ten days before the hearing,
				  in the following manner:
(1) A copy of
				the complaint for each defendant shall be delivered by the magisterial district
				judge for service to the sheriff of, or any certified constable in, the county
				in which the magisterial district of the magisterial district judge is
				situated. If this service is not available to the magisterial district judge,
				service may be made by any certified constable of the Commonwealth. If the
				complaint is delivered for service to the sheriff and service is to be made in
				a county other than the one in which the magisterial district of the
				magisterial district judge is situated, the sheriff shall deputize the sheriff
				of the county in which service is to be made. A certified constable may serve
				the complaint anywhere in the Commonwealth.
(2) If service is to be made in a county
				other than the one in which the magisterial district judge's magisterial
				district is situated, the magisterial district judge, instead of acting in
				accordance with subdivision (1), may:
(a) send
				the copy of the complaint for service to a magisterial district judge in the
				county in which service is to be made who shall deliver it for service to the
				sheriff of, or any certified constable in, that county. If this service is not
				available to the magisterial district judge, service may be made by any
				certified constable of the Commonwealth, or
(b) if service is to be made in Philadelphia,
				send the copy of the complaint for service to the Court Administrator of the
				Philadelphia Municipal Court who shall deliver it for service to a writ server
				of that court or to the sheriff of Philadelphia.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 308 - Service Upon Individuals

Current through Register Vol. 54, No. 28, July 13, 2024
Service of the complaint upon an individual defendant shall
				  be made:
(1) by handing a copy to the
				defendant, or
(2) by handing a
				copy:
(a) to an adult member of the
				defendant's family at his residence, but if no adult member of the family is
				found, then to an adult person in charge of such residence, or
(b) to the clerk or manager of a hotel, inn,
				apartment house, boarding house or other place of lodging at which the
				defendant resides, or
(c) at any
				office or usual place of business of the defendant to his agent or to the
				person for the time being in charge thereof, or
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 309 - Service Upon Partnerships

Current through Register Vol. 54, No. 28, July 13, 2024
Service of the complaint upon a partnership shall be
				  made:
(1) by handing a copy to a
				partner, manager, clerk or other person for the time being in charge, at any
				regular place of business of the partnership, or
(2) on a partner in the same manner as an
				individual if there is no regular place of business, or
(3) by mailing, via certified mail or
				comparable delivery method resulting in a return receipt in paper or electronic
				form, a copy to the regular place of business of the partnership. The return
				receipt shall show that the complaint was received by the
				partnership.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 310 - Service Upon Corporations

Current through Register Vol. 54, No. 28, July 13, 2024
Service of the complaint upon a corporation or similar entity
				  shall be made:
(1) on an executive
				officer, partner or trustee of the corporation, or
(2) on an agent or person for the time being
				in charge of, and only at, any office or usual place of business of the
				corporation, or
(3) on an agent
				authorized by appointment to receive service of process, or
(4) by mailing, via certified mail or
				comparable delivery method resulting in a return receipt in paper or electronic
				form, a copy to the regular place of business of the corporation. The return
				receipt shall show that the complaint was received by the corporation or
				similar entity.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 300 - CIVIL ACTION › Rule 311 - Service Upon Unincorporated Associations

Current through Register Vol. 54, No. 28, July 13, 2024
Service of the complaint upon an unincorporated association
				  shall be made upon the manager, clerk or other person for the time being in
				  charge of any place where such association regularly conducts any business or
				  association activity, provided the person served is not a plaintiff in the
				  action.