Section 202. Definitions

As used in these rules, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise or the particular word or phrase is expressly defined in the chapter in which the particular rule is included:

‘‘adult’’ means an individual eighteen years of age or older;

‘‘advanced communication technology’’ is any communication equipment that is used as a link between parties in physically separate locations.

‘‘attorney at law’’ means an individual admitted to practice law by the Supreme Court of Pennsylvania;

‘‘attorney of record’’ means an attorney at law who has filed a written document in accordance with Rule 207.1 as appearing for and representing a party in a legal proceeding;

‘‘competent adult’’ means an individual eighteen years of age or older who is (1) not an incapacitated person, (2) not a party to the action, and (3) not an employee or a relative of a party;

‘‘constable’’ means a certified constable or a certified deputy constable;

‘‘magisterial district judge’’ means the magisterial district judge before whom the action or proceeding is pending;

‘‘incapacitated person’’ means an incapacitated person as that term is defined under 20 Pa.C.S. § 5501 (relating to meaning of incapacitated person);

‘‘prothonotary’’ includes any officer exercising the powers and performing the duties of the office of prothonotary as set forth in the Judicial Code, and includes the analogous officer in those counties which do not have a prothonotary;

‘‘sheriff’’ includes a deputy sheriff;

‘‘subpoena’’ means an order of the magisterial district judge commanding a person to attend and testify at a particular time and place; it may also require the person to produce documents or things which are under the possession, custody, or control of that person;

‘‘verified,’’ when used in reference to a written statement of fact by the signer, means supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Official Note

Justices of the peace are now statutorily known as ‘‘magisterial district judges.’’ See 42 Pa.C.S. § 102 and 42 P. S. § 20003(d). As to magisterial district judges’ civil jurisdiction, see 42 Pa.C.S. § 1515(a). The definitions of ‘‘sheriff’’ and ‘‘constable’’ include their deputies. As to deputy sheriffs, see 16 P. S. § § 1202 and 4202. As to deputy constables, see 13 P. S. § § 21—23. As to certification of constables and deputy constables, see 42 Pa.C.S. § 2942.

The provisions of this Rule 202 amended and effective December 1, 1983, 13 Pa.B. 3875; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4055; amended September 3, 2003, effective January 1, 2004, 33 Pa.B. 4663; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955; amended October 8, 2008, effective November 1, 2008, 38 Pa.B. 5843. Immediately preceding text appears at serial pages (319873) to (319874).