67 Proposed amendment to Rule 240 governing proceedings in forma pauperis; proposed recommendation no. 169

PART I.  GENERAL

[231 PA. CODE CH. 200]

Proposed Amendment to Rule 240 Governing Proceedings In Forma Pauperis; Proposed Recommendation No. 169

[31 Pa.B. 415]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 240 governing proceedings in forma pauperis 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 240.  In Forma Pauperis.

*      *      *      *      *

   (d)(1)  If the party is represented by an attorney, the prothonotary shall allow the party to proceed in forma pauperis upon the filing of a praecipe which

   [(i)]  contains a certification by the attorney that he or she is providing free legal service to the party and believes the party is unable to pay the costs[, and

   (ii)  is accompanied by the affidavit required by subdivision (c)].

   (2)  The praecipe shall be substantially in the form prescribed by subdivision (i).

*      *      *      *      *

   (i)  The praecipe required by subdivision (d) shall be substantially in the following form:

(Caption)

PRAECIPE TO PROCEED IN FORMA PAUPERIS

To the Prothonotary:

   Kindly allow ______ , (Plaintiff) (Defendant), to proceed in forma pauperis.

   I, ______ , attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. [The party's affidavit show-ing inability to pay the costs of litigation is attached hereto.]

__________
Attorney for

Explanatory Comment

   Present Rule 240(d) provides for a party represented by an attorney to proceed in forma pauperis upon the filing of a praecipe. The rule prescribes two requirements for the praecipe. First, the praecipe must contain ''a certification by the attorney that he or she is providing free legal service to the party and believes the party is unable to pay the costs''. Second, the praecipe must be ''accompanied by the affidavit required by subdivision (c)'' which is filed in support of a petition for leave to proceed in forma pauperis and which demonstrates the party's inability to pay the costs of litigation.

   Recommendation No. 169 proposes that subdivision (d) be amended by deleting the requirement that the affidavit accompany the praecipe. As amended, the rule would provide for the prothonotary to allow a party to proceed in forma pauperis solely upon a praecipe containing the certification of the party's attorney. A conforming amendment is proposed to the form of the praecipe in subdivision (i) which deletes the reference to the accompanying affidavit. These proposed amendments would bring the rule into conformity with Rule 552(d) of the Pennsylvania Rules of Appellate Procedure and Rule 206 E. (iii) of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before District Justices.

By the Civil Procedural Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 01-67. Filed for public inspection January 19, 2001, 9:00 a.m.]