Order Amending Rules 112 and 323 of the Pennsylvania Rules of Civil Procedure Before Magisterial District Judges

FINAL REPORT1 Recommendation 1-2016, Minor Court Rules Committee

Amendment of Rules 112 and 323 of the Rules of Civil Procedure

Before Magisterial District Judges

UPDATING REFERENCES TO THE RULES GOVERNING STANDARDS

OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES I. Introduction

The Minor Court Rules Committee (“Committee”) recommended the amendment of Rules 112 and 323 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges (“Rules”). These amendments will update references to the Rules Governing Standards of Conduct of Magisterial District Judges. . II. Background and Discussion

On September 18, 2014, the Court rescinded the then-existing provisions of the Rules Governing Standards of Conduct of Magisterial District Judges effective December 1, 2014, and adopted new Rules Governing Standards of Conduct of Magisterial District Judges. See 44 Pa.B. 6205 (October 4, 2014). Subsequently, on March 26, 2015, the Court rescinded Rules 16-22 and 81 of the Rules Governing Standards of Conduct of Magisterial District Judges, and moved the content of those rules to the Rules of Judicial Administration. See 45 Pa.B. 1838 (April 11, 2015); Pa.R.J.A. Nos. 601-607. In light of these changes, the Committee reviewed the Rules of Civil Procedure before Magisterial District Judges to identify references to the rescinded rules.

The Committee identified references to rescinded Rules 8 and 17 in the Official Note to Rule 112, which addresses the availability and temporary assignments of magisterial district judges. The Committee also identified references to rescinded Rule 13 in the Official Note to Rule 323.

III. Rule Changes

The Committee recommended amending the Official Note to Rule 112 to change references to rescinded Rules 8 and 17 to new Rule 2.11 and Rule 605 of the Pennsylvania Rules of Judicial Administration, respectively. The Committee also recommended making stylistic and corrective changes to Rule 112.

The Committee also recommended amending the Official Note to Rule 323 to change the reference to rescinded Rule 13 to new Rule 3.9. The Committee also recommended making stylistic and corrective changes to Rule 323.