980 Proposed amendment to Rule 421 of the Rules of Conduct, Office Standards and Civil Procedure for district justices

Title 246--MINOR COURT CIVIL RULES

PART I.  GENERAL

[246 PA. CODE CH. 400]

Proposed Amendment to Rule 421 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

[31 Pa.B. 2920]

Introduction

   The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Pa. R.C.P.D.J. No. 421 to provide for the issuance of subpoenas duces tecum in determination of property claim hearings (Rule 420 hearings) and to make other technical or ''housekeeping'' amendments to this rule. The Committee has not submitted this proposal for review by the Supreme Court of Pennsylvania.

   The following explanatory Report highlights the Committee's considerations in formulating this proposal. The Committee's Report should not be confused with the official Committee Notes to the rules. The Supreme Court does not adopt the Committee's Notes or the contents of the explanatory Reports.

   The text of the proposed changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel,

Michael F. Krimmel, Counsel
Supreme Court of Pennsylvania
Minor Court Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
or e-mail to: [e-mail]

no later than Friday, July 6, 2001.

By the Minor Court Rules Committee

FRED A. PIERANTONI, III,   
Chair

Annex A

TITLE 246.  MINOR COURT CIVIL RULES

PART I.  GENERAL

CHAPTER 400.  EXECUTION OF JUDGMENTS FOR THE PAYMENT OF MONEY

Rule 421.  Time for Hearing and Determination; Subpoenas; Effective Date of Orders and Determination.

   A.  The district justice shall hold hearings on matters to be determined [ by him] under Rule 420 not later than five [(5)] days after they are filed [in his office], and [he] shall notify all parties in interest of the date and time of the hearing by telephone or other timely means of communication. [He] The district justice shall [make his] enter a determination not later than three [(3)] days after the hearing.

   B.  [At the time of the entry of the determination, the] The district justice shall promptly give or mail to the parties written notice of the determination. [If a] The written notice shall be given or mailed to all parties in interest, but if any party has an attorney of record the written notice shall be given or mailed to the attorney of record instead of to the party. Notice of the determination shall contain advice as to the right of the parties to file a Statement of Objection, the time within which the statement must be filed, and that the statement is to be filed with the court of common pleas.

   C.  The district justice may issue subpoenas throughout the Commonwealth to require the attendance of witnesses. The subpoena may also require the person to produce at the time of the hearing documents or things that are under the possession, custody or control of that person.

   D.  Any stay of the whole or part of the execution proceedings ordered by the district justice shall be effective immediately. All other orders and determinations with respect to the whole or part of the execution proceedings shall not take effect until after the expiration of ten [(10)] days from [their] the date of entry of the order or determination.

Official Note:

*      *      *      *      *

   Subdivision [C] D provides that, except for stays, determinations and orders of the district justice concerning the execution proceedings shall not take effect until after the expiration of ten days from [their] the date of entry of the determination or order. This will give any aggrieved party in interest a chance to obtain a stay by filing a statement of objection in the court of common pleas during that period of time. [See Rule 1016B.] See Rule 1016.

Source

   Amended June 1, 1971; April 25, 1979, effective in 30 days; June 30, 1982, effective 30 days after July 17, 1982; March 27, 1992, effective June 25, 1992 [The March 27, 1992, Order provided in part: ''In promulgating this Order, the Court recognizes that the District Justice Automation Project will be affected by said Rule changes and that, therefore, those Rules which affect the Project will become effective as the District Justice offices are brought on-line'']; amended ______, effective ______.

Report

Proposed Amendment to Pa. R.C.P.D.J. No. 421

Issuance of Subpoenas Duces Tecum in Determination of Property Claim Hearings (Rule 420 Hearings)

I.  Background

   The Committee undertook a review of Rule 421 when it came to the Committee's attention that Rule 421(C), that provides for the issuance of subpoenas in determination of property claims hearings (Rule 420 hearings), was not consistent with Rule 317 (relating to subpoena of witnesses in civil actions) and Rule 510 (relating to subpoena of witnesses in landlord/tenant actions). The Supreme Court has recently approved amendments to Rules 317 and 510 to provide for the issuance of subpoenas duces tecum. In recommending these amendments the Committee apparently overlooked the subpoena provision in Rule 421. Accordingly, the Committee proposes that Rule 421 be amended to provide for the issuance of subpoenas duces tecum in Rule 420 hearings to make it consistent with the other subpoena rules.

   In conjunction with the proposed amendment to the rule regarding subpoenas duces tecum, the Committee also recognized the need for several technical or ''housekeeping'' amendments to this rule.

II.  Discussion of Rule Changes

   First, as noted above, the Committee proposes that a second sentence be added to Rule 421(C) to provide that ''[t]he subpoena may also require the person to produce at the time of the hearing documents or things that are under the possession, custody or control of that person.'' This language is consistent with the previously approved amendments to Rules 317 and 510.

   Secondly, in Rule 421(B), the Committee proposes minor changes to make the notice of determination requirement consistent with the notice requirement in Rule 324 relating to notice of judgment in civil actions.

   Third, in Rule 421(D), the Committee proposes that the time period for filing a Statement of Objection run from ''the date of entry of the order or determination'' to make this time period consistent with the general appeal periods in civil and landlord/tenant actions that run from the date of entry of the judgment.

   Finally, the Committee proposes minor changes to the rule to address gender neutrality issues, to correct cross-references in the Note, and to conform with modern drafting style.

[Pa.B. Doc. No. 01-980. Filed for public inspection June 8, 2001, 9:00 a.m.]