64 Proposed amendment to rules governing briefs and preferences on the trial list; proposed recommendation no. 171

PART I.  GENERAL

[231 PA. CODE CH. 200]

Proposed Amendment to Rules Governing Briefs and Preferences on the Trial List; Proposed Recommendation No. 171

[31 Pa.B. 410]

   The Civil Procedural Rules Committee proposes that the Rules of Civil Procedure governing briefs and preferences on the trial list be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed recommendation should be sent not later than March 2, 2001 to:

Harold K. Don, Jr., Esquire
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055

or E-Mail to
[e-mail]

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

Rule 210.  Form of Briefs  (Rescinded).

   [If briefs are filed they shall be typewritten, printed or otherwise duplicated and endorsed with the name of the case, the court and number and name and address of the attorney.]

Rule 214.  Preferences on Trial Lists.

   Preference shall be given in the preparation of trial lists to[:

   (a)  Cases in which the Commonwealth is the real party in interest;

   (b)  Suits against defaulting officers of the Commonwealth or any political subdivision thereof or the sureties of such officers;

   (c)  Actions of quo warranto or mandamus involving public officers;

   (d)  Cases in which a new trial has been granted, a judgment of nonsuit removed (excepting a nonsuit entered for failure of appearance) or a venire facias de novo awarded, by either the court of original or appellate jurisdiction;

   (e)  Suits to recover wages due for manual labor;

   (f)  Cases arising under the laws of this Commonwealth to determine the competency of any person alleged to be weak-minded, insane or an habitual drunkard;

   (g)  Such other] such cases as the court upon application and cause shown may designate.

   [Official Note: The Committee does not recommend that any relative preferences be accorded inter se to cases in the various classes entitled to priority under this Rule, other than the chronological order in which they are placed on the trial lists.]

Rule 215.  Assigning and Setting Aside Preferences on Trial List (Rescinded).

   [No case shall be assigned a preference on any trial list unless the right to preference is brought to the attention of the officer in charge of the list by praecipe, order or otherwise; and any party in interest may, at least ten days before the case is called for trial, make application to set aside such preference as may have been assigned.]

Explanatory Comment

Rule 210

   The rescission of Rule 210 is proposed because it no longer serves a useful function. The requirements that briefs be typewritten and contain an endorsement are routine with the bench and bar and prescribed by other rules. Pennsylvania Rule of Appellate Procedure 124(a)(1) requires that papers and documents be typed or printed. Pennsylvania Rules of Civil Procedure 1025 requires an endorsement of every pleading or other legal paper.

Rules 214 and 215

   Rule 214 presently lists seven categories of cases that should be accorded priority on a trial list. Six of the seven categories are to be deleted. Paragraph (g) is the catchall provision for the present rule providing for preference upon a trial list for ''Such other cases as the court upon cause shown may designate.'' It will be retained as the basis for the revised rule.

   Five of the six categories to be deleted are based upon statutes which have been repealed since the promulgation of the rule in 1938. ''Actions of quo warranto or mandamus involving public officers,'' the sixth category, were accorded priority, in the words of the original note to the rule, ''by reason of their importance.''

   Rule 215 requires that a request for a preference be brought to the attention of the court and specifies a procedure. This procedure is a matter of administration which need not be set forth in the rules of civil procedure. The requirement to apply for the preference is included in revised Rule 214.

By the Civil Procedural Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 01-64. Filed for public inspection January 19, 2001, 9:00 a.m.]