630 Proposed amendment of rule 227.4 governing entry of judgment upon praecipe of a party; proposed recommendation no. 224

PART I.  GENERAL

[231 PA. CODE CH. 200]

Proposed Amendment of Rule 227.4 Governing Entry of Judgment upon Praecipe of a Party; Proposed Recommendation No. 224

[37 Pa.B. 1640]
[Saturday, April 14, 2007]

   The Civil Procedural Rules Committee is proposing the amendment of Rule 227.4 governing entry of judgment upon praecipe of a party. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than June 1, 2007 to:

   Harold K. Don, Jr.,
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 or 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 227.4.  Entry of Judgment upon Praecipe of a Party.

   In addition to the provisions of any Rule of Civil Procedure or Act of Assembly authorizing the prothonotary to enter judgment upon praecipe of a party and except as otherwise provided by Rule 1042.72(e)(3), the prothonotary shall, upon praecipe of a party:

   (1)  enter judgment upon a nonsuit by the court, the verdict of a jury or the decision of a judge following a trial without jury, if

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Explanatory Comment

   Rule 227.4(a)(1) provides for the entry of judgment upon a verdict of a jury or the decision of a judge without a jury when no motion for post-trial relief is filed or, if a motion is filed, the court does not timely dispose of it. However, relief from a nonsuit entered by the court is also subject to a motion for post-trial relief (Rule 227.1(a)(3)) but Rule 227.4(a)(1) omits any reference to the nonsuit. The present recommendation would remedy this omission by amending Rule 227.1(a)(1) to include a nonsuit by the court together with the verdict of a jury and the decision of a judge.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 07-630. Filed for public inspection April 13, 2007, 9:00 a.m.]