1305 Amendment of Rule 235 governing notice to the Attorney General; no. 300; civil procedural rules doc. no. 5

PART I.  GENERAL

[231 PA. CODE CH. 200]

Amendment of Rule 235 Governing Notice to the Attorney General; No. 300; Civil Procedural Rules Doc. No. 5

[28 Pa.B. 3929]

Order

Per Curiam:

   And Now, this 3rd day of August, 1998, Pennsylvania Rule of Civil Procedure 235 is amended to read as follows.

   Whereas prior distribution and publication of the amendment would otherwise be required, it has been determined that the amendment is of a perfunctory nature and that immediate promulgation is required in the interest of efficient administration.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective January 1, 1999.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

Rule 235.  Notice to Attorney General. Constitutionality of Statute. Charitable Bequest or Trust.

   In any proceeding in a court subject to these rules in which an Act of Assembly is alleged to be unconstitutional or a charitable bequest or trust is involved and the Commonwealth is not a party, the party raising the question of constitutionality or the plaintiff in a proceeding involving a charitable bequest or trust shall promptly give notice thereof by registered mail to the Attorney General of Pennsylvania together with a copy of the pleading or other portion of the record raising the issue and shall file proof of the giving of the notice. The Attorney General may intervene as a party or may be heard without the necessity of intervention. The court in its discretion may stay the proceedings pending the giving of the notice and a reasonable opportunity to the Attorney General to respond thereto. If the circumstances of the case require, the court may proceed without prior notice in which event notice shall be given as soon as possible; or the court may proceed without waiting action by the Attorney General in response to a notice.

   Official Note: By Definition Rule 76, registered mail includes certified mail.

Explanatory Comment

   The Commonwealth Attorneys Act provides that the Attorney General may intervene in actions ''involving charitable bequests and trusts or the constitutionality of any statute'':

   71 P. S. § 732-204.  Legal advice and civil matters.

*      *      *      *      *

   (c)  Civil litigation; collection of debts.--The Attorney General shall represent the Commonwealth and all Commonwealth agencies and upon request, the Departments of Auditor General and State Treasury and the Public Utility Commission in any action brought by or against the Commonwealth or its agencies, and may intervene in any other action, including those involving charitable bequests and trust or the constitutionality of any statute.

   Rule of Civil Procedure 235 presently provides for notice to be given the Attorney General of actions in which an Act of Assembly is alleged to be unconstitutional. However, the rule makes no mention of actions involving charitable bequests and trusts. The present amendment conforms the rule to the statute by extending the notice requirement to these actions.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 98-1305. Filed for public inspection August 14, 1998, 9:00 a.m.]