816 Order amending Rules 112 and 323 of the Rules of Civil Procedure before Magisterial District Judges; No. 397 magisterial doc.

Title 246—MINOR COURT CIVIL RULES

PART I. GENERAL

[ 246 PA. CODE CHS. 100 AND 300 ]

Order Amending Rules 112 and 323 of the Rules of Civil Procedure before Magisterial District Judges; No. 397 Magisterial Doc.

[46 Pa.B. 2412]
[Saturday, May 14, 2016]

Order

Per Curiam

 And Now, this 29th day of April, 2016, upon the recommendation of the Minor Court Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 112 and 323 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 100. RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES

Rule 112. Availability and Temporary Assignments of Magisterial District Judges.

 [(A)] A. The president judge of each judicial district shall be responsible for ensuring the availability during regular business hours within the judicial district of at least one magisterial district judge to handle matters requiring attention in civil and possessory actions.

 [(B)(1)] B.(1) The president judge or his or her designee may assign temporarily the magisterial district judge of any magisterial district to serve another magisterial district whenever such assignment is needed:

 (a) To satisfy the requirements of paragraph [(A)] A.

 (b) When a magisterial district judge has disqualified himself or herself either at the request of a party or sua sponte.

 (c) To otherwise provide for the efficient administration of justice.

 (2) Whenever a temporary assignment is made under this rule, notice of such assignment shall be conspicuously posted in all magisterial district courts affected by the temporary assignment.

 (3) A magisterial district judge temporarily assigned under this rule shall have the jurisdiction and authority of the office the duties of which he or she is temporarily performing and may continue to exercise jurisdiction and authority in his or her own magisterial district.

 Official Note: This rule was amended in 2007 to further provide for availability and temporary assignment of magisterial district judges in civil and possessory actions similar to that provided for in criminal matters. See Pa.R.Crim.P. 117. Nothing in this rule is intended to affect or conflict with the temporary assignment or coverage requirements for criminal matters as specified in the Rules of Criminal Procedure. Unlike the criminal coverage rules, paragraph [(A)] A of this rule is intended to provide for availability only during regular business hours. None of the matters contemplated under paragraph [(A)] A would require after-hours coverage.

 This rule is not intended to affect the availability requirements for emergency relief under the Protection From Abuse Act or 42 Pa.C.S. §§ 62A01—62A20. See Pa.R.C.P.M.D.J. Nos. 1201—1211. In addition, the court of common pleas of each judicial district is responsible to ensure that a judge or magisterial district judge ''is available on a 24-hour-a-day, 365-day-a-year basis to accept and decide on petitions for an emergency court order under'' the Older Adult Protective Services Act. 35 P.S. § [10225.307] 10225.307(a). Actions commenced under the Older Adult Protective Services Act are governed by statute and local procedures, not by these rules.

 Examples of matters contemplated under paragraph [(A)] A that may require the attention of a magisterial district judge include the issuance of orders of execution under [Pa. R.C.P.M.D.J.] Pa.R.C.P.M.D.J. No. 403, stays of execution under [Pa. R.C.P.M.D.J.] Pa.R.C.P.M.D.J. Nos. 410 and 413, and orders for possession under [Pa. R.C.P.M.D.J.] Pa.R.C.P.M.D.J. No. 516, so that such matters are handled in a timely manner even in the absence of the magisterial district judge to whom the case would ordinarily be assigned. Litigants may be required to wait a reasonable period of time for a magisterial district judge to complete an arraignment, hearing, or trial. It is expected that the president judge will continue the established procedures in the judicial district or establish new procedures to ensure sufficient availability of magisterial district judges consistent with paragraph [(A)] A.

 Under paragraph [(B)] B, one or more magisterial district judges may be temporarily assigned to serve one or more magisterial districts.

 [Paragraph (B)(1)(b)] Clause B(1)(b) makes explicit the authority of the president judge to temporarily assign a magisterial district judge when another magisterial district judge has disqualified himself or herself from hearing a matter. Disqualification may occur upon the request of a party or sua sponte. See Rule [8] 2.11 of the Rules Governing Standards of Conduct of Magisterial District Judges[, 207 Pa. Code Ch. 51, R. 8]. As with all judicial officers, a request for disqualification must be made directly to the magisterial district judge.

 See Pa. Const. art. V, § 10(a). This rule does not provide for temporary assignments of senior magisterial district judges by president judges. See also [Rule 17 of the Standards of Conduct of Magisterial District Judges, 207 Pa. Code Ch. 51, R. 17] Rule 605 of the Pennsylvania Rules of Judicial Administration. Nothing in this rule is intended to conflict with [Rule 17] Pa.R.J.A. No. 605.

CHAPTER 300. CIVIL ACTION

Rule 323. Judgment—Payment in Installments.

 The magisterial district judge may in [his] the entry of judgment order the payment of the same in periodic installments [which] that shall not extend beyond [twelve (12)] 12 months from the date of judgment.

 Official Note: Since many of the defendants coming before magisterial district judges are apt to be in financial difficulties, it was thought advisable to provide for payment in installments. The payments are to be made to the plaintiff and not to the magisterial district judge. See Rule [13] 3.9 of the Rules Governing Standards of Conduct of Magisterial District Judges.

FINAL REPORT¹

Recommendation 1-2016, Minor Court Rules Committee

Amendment of Rules 112 and 323 of the Rules of Civil Procedure Before Magisterial District Judges

Updating References to the Rules Governing Standards of Conduct of Magisterial
District Judges

I. Introduction

 The Minor Court Rules Committee (''Committee'') recommended the amendment of Rules 112 and 323 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges (''Rules''). These amendments will update references to the Rules Governing Standards of Conduct of Magisterial District Judges.

II. Background and Discussion

 On September 18, 2014, the Court rescinded the then-existing provisions of the Rules Governing Standards of Conduct of Magisterial District Judges effective December 1, 2014, and adopted new Rules Governing Standards of Conduct of Magisterial District Judges. See 44 Pa.B. 6205 (October 4, 2014). Subsequently, on March 26, 2015, the Court rescinded Rules 16—22 and 81 of the Rules Governing Standards of Conduct of Magisterial District Judges, and moved the content of those rules to the Rules of Judicial Administration. See 45 Pa.B. 1838 (April 11, 2015); Pa.R.J.A. Nos. 601—607. In light of these changes, the Committee reviewed the Rules of Civil Procedure before Magisterial District Judges to identify references to the rescinded rules.

 The Committee identified references to rescinded Rules 8 and 17 in the Official Note to Rule 112, which addresses the availability and temporary assignments of magisterial district judges. The Committee also identified references to rescinded Rule 13 in the Official Note to Rule 323.

III. Rule Changes

 The Committee recommended amending the Official Note to Rule 112 to change references to rescinded Rules 8 and 17 to new Rule 2.11 and Rule 605 of the Pennsylvania Rules of Judicial Administration, respectively. The Committee also recommended making stylistic and corrective changes to Rule 112.

 The Committee also recommended amending the Official Note to Rule 323 to change the reference to rescinded Rule 13 to new Rule 3.9. The Committee also recommended making stylistic and corrective changes to Rule 323.

[Pa.B. Doc. No. 16-816. Filed for public inspection May 13, 2016, 9:00 a.m.]

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