1155 Amendment to the note to rule 236(d) governing notice by prothonotary of order or judgment; no. 457 civil procedural rules; doc. no. 5

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CHS. 200]

Amendment to the Note to Rule 236(d) Governing Notice by Prothonotary of Order or Judgment; No. 457 Civil Procedural Rules; Doc. No. 5

[36 Pa.B. 3085]
[Saturday, June 24, 2006]

Order

Per Curiam:

   And Now, this 12th day of June, 2006, the note to Pennsylvania Rule of Civil Procedure 236(d) is amended to read as follows.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective July 1, 2006.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 236. Notice by Prothonotary of Entry of Order or Judgment

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   (d)  The prothonotary may give the notice required by subdivision (a) or notice of other matters by facsimile transmission or other electronic means if the party to whom the notice is to be given or the party's attorney has filed a written request for such method of notification or has included a facsimile or other electronic address on a prior legal paper filed in the action.

   Official Note: Except as provided by subdivision (a)(1) relating to the entry of a judgment by confession, Rule 236 does not prescribe a particular method of giving notice. Methods of notice properly used by the prothonotary include, but are not limited to, service via United States mail and courthouse mail. Subdivision (d) governs facsimile transmission and other electronic means if the prothonotary chooses to use such a method.

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Explanatory Comment

   Rule 236 governs the notice to be given by the prothonotary of the entry of an order or judgment. The amendment to the first paragraph of the note to subdivision (d) of the rule arises from a suggestion that Rule 236 specifically provide for notice by courthouse mail, i.e., placing a copy of the order in the attorney's courthouse mailbox.

   Except with respect to subdivision (a)(1) which provides for notice by ''ordinary mail'' of the entry of a judgment by confession, the rule ''does not prescribe a particular method of giving notice.'' Subdivision (d) relating to notice by facsimile transmission is applicable only if the prothonotary chooses that method of notice.

   Since the rule does not prescribe a particular means of notice except as to judgments entered by confession, the rule already accommodates notice by courthouse mail. The proposed revision to the first paragraph of the note to subdivision (d) expressly states the existing availability of courthouse mail as a method of giving notice. The revision effects no change in practice or procedure.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 06-1155. Filed for public inspection June 23, 2006, 9:00 a.m.]