694 Proposed amendment of rule 1503 governing venue in actions in equity; proposed recommendation no. 161

PART I.  GENERAL

[231 PA. CODE CH. 1500]

Proposed Amendment of Rule 1503 Governing Venue in Actions in Equity; Proposed Recommendation No. 161

[30 Pa.B. 2127]

   The Civil Procedural Rules Committee is proposing the amendment of Rule of Civil Procedure 1503 governing venue in actions in equity. 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 May 31, 2000 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 neither constitute part of the rules of civil procedure nor be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1500.  ACTION IN EQUITY

Subchapter A.  RULES

Rule 1503.  Venue.

   [(a)  Except as otherwise provided by an Act of Assembly, Rule of the Supreme Court or by Subdivision (b), (c), or (d), an action may be brought only in a county in which

   (1)  the defendant or a principal defendant may be served, or

   (2)  the property or a part of the property which is the subject matter of the action is located,

   (3)  but a judgment, order or decree shall not bind a defendant personally unless the defendant is served within the county, or within the Commonwealth in conformity with Rule 1504(b), or unless the defendant appears or otherwise submits himself to the jurisdiction of the court.

   (b)  An action brought in a court of common pleas by the Commonwealth or the head of an executive or administrative department, a departmental administrative board or commission or an independent administrative board or commission, or an officer or instrumentality of the Commonwealth, may be brought in any county permitted by subdivision (a) of this rule.

   (c)  An action brought in a court of common pleas against the head of an executive or administrative department, a departmental administrative board or commission or an independent administrative board or commission, or an officer or instrumentality of the Commonwealth may be brought only in the county in which the cause of action arose.

   (d)  An action relating to the administration of a trust or the removal of a trustee, except where the trustee has absconded and the action is necessary as an ancillary proceeding in aid of the court which has jurisdiction over the trust, may be brought only in the court which has jurisdiction over the trust.]

   An action may be brought in any county in which a civil action may be brought or, if the subject matter of the action is property, in the county in which the property is located.

   Official Note: See Rule 1006 governing venue in a civil action.

Explanatory Comment

   Recommendation No. 161 proposes to rescind present Rule 1503 governing venue in an action in equity and to substitute new Rule 1503. The new rule provides for an action in equity to be brought in any county in which a civil action may be brought or, if property is involved, in the county in which the property is located. By its simplicity, the proposed rule contains several changes from the present one.

   First, present Rule 1503(a)(1) requires the action to be brought in a county in which the defendant or a principal defendant may be served. The new rule broadens this provision to include all counties of venue under Rule 1006, including the cause of action county and the transaction or occurrence county. Also, the reference to a ''principal defendant'' is no longer relevant and has been deleted. If venue is based upon the presence of a defendant in the forum county, the presence of any defendant is sufficient to create venue as to all defendants. The doctrine of forum non conveniens is available for venue which may be inappropriate.

   Second, the last clause of subdivision (a) of present Rule 1503 relating to the effect of a judgment or decree as personally binding has been deleted. The provision does not pertain to venue and, in addition, states an outmoded principle of law.

   Third, the provisions of Rule 1503(b) and (c) are no longer needed and have not been retained. They relate to venue in actions by or against the Commonwealth, its agencies, instrumentalities and officers. Venue in actions against the Commonwealth in the courts of common pleas is governed by Rule 2103(a) which provides for an action to be brought in ''any county permitted by a rule of the Supreme Court.''

   Finally, Rule 1503(d) relates to the administration of a trust or the removal of a trustee. This provision also is not a matter of venue but, rather, one of jurisdiction. It speaks in terms of ''the court which has jurisdiction over the trust'' and not in terms of a particular county in which to bring an action. Further, these matters are within the jurisdiction of the orphans' court division of the court of common pleas, which is governed by its own rules of procedure. However, should such matters come within the scope of these rules, no special procedures are required and proposed Rule 1503 suffices. Consequently, the provisions of present Rule 1503(d) have not been carried over to the new rule.

By the Civil Procedural Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 00-694. Filed for public inspection April 28, 2000, 9:00 a.m.]