2423 Order amending Rule 207 of the Rules of Civil Procedure governing actions and proceedings before magisterial district judges; no. 365 magisterial rules doc.
Title 246—MINOR
COURT CIVIL RULESPART I. GENERAL [ 246 PA. CODE CH. 200 ] Order Amending Rule 207 of the Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges; No. 365 Magisterial Rules Doc. [43 Pa.B. 7547]
[Saturday, December 28, 2013]Order Per Curiam
And Now, this 10th day of December, 2013, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of efficient administration:
It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 207 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges is amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective February 10, 2014.
Annex A TITLE 246. MINOR COURT CIVIL RULES PART I. GENERAL CHAPTER 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS Rule 207. Representation in Magisterial District Court Proceedings.
(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.
(B) A representative, employee, or authorized agent:
(1) must provide written verification of personal knowledge of the subject matter of the litigation, and
(2) may take no action on behalf of a party until the written authorization required under paragraph (A)(1), (2), or (3) is filed with the court.
(C) Admission pro hac vice in accordance with Pennsylvania Bar Admission Rule 301 shall proceed by request, the disposition and content of which shall conform with the requirements of Pennsylvania Rule of Civil Procedure 1012.1.
Official Note: This rule is intended to permit a non-lawyer representative, employee, or authorized agent to appear on behalf of an individual, partnership, corporation or similar entity, or unincorporated association, but not to allow a non-lawyer to establish a business for the purpose of representing others in magisterial district court proceedings.
It is intended that the designation of a non-lawyer representative, employee, or authorized agent to represent a party is to apply only on a case-by-case basis. A party may not give blanket authorization for a non-lawyer representative, employee, or authorized agent to represent the party in all cases involving the party.
As to ''personal knowledge of the subject matter of the litigation'' see Pa.R.E. 602 and Comment.
A business organized as a sole proprietorship may be represented in the same manner as an individual under paragraph (A)(1).
See rules in Chapter 800 as to representation of minors and incapacitated persons by guardians.
To gain admission pro hac vice pursuant to Pa.B.A.R. 301, the applicant must seek administrative approval by the IOLTA Board prior to the sponsor's request for the applicant's admission before the magisterial district court. The disposition and content of the request is governed by Pa.R.C.P. No. 1012.1.
FINAL REPORT1 Amendment to Rule 207 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges Pro Hac Vice Admission Procedure On December 10, 2013, effective February 10, 2014, the Court approved amendment of Rule 207 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges concerning pro hac vice admissions.
I. Background and Discussion
Previously, pro hac vice admissions in magisterial district courts have been guided by Pennsylvania Bar Admission Rule 301, which required admission by timely motion before the magisterial district judge. However, neither the Pennsylvania Bar Admission Rules nor the Rules of Civil Procedure before Magisterial District Judges addressed the precise content and procedural requirements for the admission process. In the absence of such guidance, the admission process was either left to local practice or ''borrowed'' from Pennsylvania Rule of Civil Procedure 1012.1.
Additionally, by Order of October 30, 2013, the Court amended, inter alia, Section 81.501(e) of the Interest on Lawyers Trust Account (''IOLTA'') Regulations to extend the regulations for pro hac vice admissions to include any Pennsylvania magisterial district court. With this extension, applicants seeking admission pro hac vice must first seek administrative approval by the IOLTA Board and pay the required fee before requesting admission pro hac vice before the magisterial district judge.
Concomitantly with the amendment of Rule 207, Pennsylvania Bar Admission Rule 301 will be amended to incorporate the motion procedure set forth in Pennsylvania Rule of Civil Procedure 1012.1, as amended, for all candidates seeking admission pro hac vice in Pennsylvania. Rule 207 is similarly being amended to incorporate the procedure set forth in Pennsylvania Bar Admission Rule 301 and Pennsylvania Rule of Civil Procedure 1012.1, the purpose of which is intended to create a uniform statewide procedure for the pro hac vice admission process.
II. Approved Rule Change
To incorporate the procedure set forth in Pennsylvania Bar Admission Rule 301 and Pennsylvania Rule of Civil Procedure 1012.1, Rule 207 is amended to reference these rules and to require that admissions proceed by ''request'' in accordance with those rules. See also Pa.B.A.R. 301, Official Note (the term, ''motion,'' in Pa.B.A.R. 301 includes the Rule 207 ''request,'' as there is no motions practice before magisterial district judges). The Official Note is also revised to inform applicants and sponsors of the requirements for prior administrative approval by the IOLTA Board.
[Pa.B. Doc. No. 13-2423. Filed for public inspection December 27, 2013, 9:00 a.m.] _______
1 Final Reports should not be confused with the Official Notes to the rules. Also note that the Supreme Court does not adopt the Official Notes or the contents of the explanatory Final Reports.
