2131 Miscellaneous technical amendments to notes and comments to rules; no. 267; doc. no. 5

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CHS. 200 AND 1500]

Miscellaneous Technical Amendments to Notes and Comments to Rules; No. 267; Doc. No. 5

[26 Pa.B. 6068]

Order

Per Curiam:

   And Now, this 5th day of December, 1996, the notes to Rules of Civil Procedure 227.1(c) and 1557 and Footnote 2 of the Explanatory Comment to Rules 1038.1 and 1038.2 are amended to read as follows.

   Whereas publication of proposed rulemaking would otherwise be required, it has been determined under Rule of Judicial Administration 103(a)(3) that the amendments are of a perfunctory nature and that the immediate promulgation of this Order is required in the interest of justice and efficient administration.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

   I.  The notes to Rules of Civil Procedure 227.1(c) and 1557 are amended to read as follows:

Rule 227.1.  Post-Trial Relief.

*      *      *      *      *

   (c)  ***

   Official Note: A motion for post-trial relief may be filed following a trial by jury, a trial by a judge without a jury in an action at law pursuant to Rule 1038 or a trial by a judge without a jury in an action in equity. A motion for post-trial relief may not be filed to orders disposing of preliminary objections, motions for judgment on the pleadings or for summary judgment, motions relating to discovery or other proceedings which do not constitute a trial. See U. S. National Bank in Johnstown v. Johnson, 506 Pa. 622, 487 A.2d 809 (1985).

   [A motion for post-trial relief may not be filed in a case stated.]

*      *      *      *      *

CHAPTER 1500.  ACTION IN EQUITY

Subchapter B.  PARTITION OF REAL PROPERTY

Rule 1557.  Order Directing Partition. Post-Trial Relief.

*      *      *      *      *

   Official Note: Pennsylvania Rule of Appellate Procedure [311(a)(6)] 311(a)(7) provides that an appeal may be taken as of right from an order directing partition.

*      *      *      *      *

   II.  Footnote 2 to the Explanatory Comment to Rules 1038.1 and 1038.2 is amended to read:

   2.  See the [dissenting] concurring opinion in McCarron v. Upper Gwynedd Township et al., 139 Pa. Cmwlth. Ct. 528, 591 A.2d 1151, 1159 (1990).

Explanatory Comment

   The note to Rule 227.1(c) has been amended by deleting the second paragraph referring to a case stated. This amendment was required by the abolition of the case stated by Rule 1038.2.

   The note to Rule 1557 has been amended to reflect the 1996 amendment of Pennsylvania Rule of Appellate Procedure 311 which renumbered the subparagraph providing for an appeal as of right from an order directing partition.

   The amendments are technical in nature and do not affect practice or procedure.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 96-2131. Filed for public inspection December 20, 1996, 9:00 a.m.]