1000 Order amending Pa.R.C.P.D.J. no. 317 and adopting Pa.R.C.P.D.J. no. 113; no. 208 judicial administration doc. no. 1

Title 246--MINOR COURT CIVIL RULES

PART I.  GENERAL

[246 PA. CODE CHS. 100 AND 300]

Order Amending Pa.R.C.P.D.J. No. 317 and Adopting Pa.R.C.P.D.J. No. 113; No. 208 Judicial Administration Doc. No. 1

[29 Pa.B. 3198]

Order

Per Curiam:

   Now, this 3rd day of May, 1999, the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before District Justices are amended as follows:

   1.  Rule 317 governing the Subpoena of Witnesses is amended to read as follows.

   2.  Rule 113 Governing Facsimile Signatures is adopted and reads as follows.

   This Order shall be effective immediately, and shall be processed in accordance with the Rule of Judicial Administration 103(b).

Annex A

TITLE 246.  MINOR COURT CIVIL RULES

PART I.  GENERAL

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

Rule 113.  Use of Facsimile Signature.

   A district justice may authorize the use of a facsimile signature in lieu of an original signature on certain documents listed by the Administrative Office of Pennsylvania Courts. Such list shall include, but not be limited to, district justice time payment orders, notices of hearing or judgment and DL-38 forms. An original signature shall be required on all checks, reports, dispositions, affidavits, arrest and search warrants, subpoenas, commitments, complaints, court orders, emergency protection from abuse orders and certifications.

Explanatory Comment--1999

   This rule has been adopted in recognition that facsimile signatures have been used successfully for routine clerical functions in both federal and state court offices including, but not limited to, the offices of the prothonotary, clerk of courts, and register of wills. Facsimile signatures will serve much the same purpose as signature stamps or signatures of clerks currently being used for matters similar to those encompassed by this rule. See 42 Pa.C.S. § 1303 (provides for the use of a signature stamp for traffic court judges). See also Commonwealth v. Charles D. Emmanuel, Jr., 462 A.2d 653 (Pa. 1983) (use of a rubber stamp facsimile of the district attorney's signature on bills of information held to satisfy the signature requirement of Pa.Crim.P. 225(b)).

   Adopted May 3, 1999, effective immediately.

CHAPTER 300.  CIVIL ACTION

Rule 317.  Subpoena of Witnesses.

   A district justice may issue subpoenas throughout the Commonwealth to require the attendance of witnesses in any cause of action triable before [him] the district justice. The subpoena may also require the person to produce at the time of hearing documents or things that are under the possession, custody or control of that person.

Explanatory Comment--1999

   The district justice retains the discretion to limit the production of documents or things to that which is relevant to the cause of action before the district justice.

   Amended June 30, 1982, effective 30 days after July 17, 1982. Amended May 3, 1999, effective immediately.

   (See Explanatory Comment--1969 following Rule 301)

[Pa.B. Doc. No. 99-1000. Filed for public inspection June 25, 1999, 9:00 a.m.]