 |
Pennsylvania Code (Last Updated: April 5, 2016) |
 |
Title 246. MINOR COURT CIVIL RULES |
|
PART I. GENERAL |
|
Chapter 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS |
Section 206. Costs; Proceedings In Forma Pauperis
-
A. Except as otherwise provided by law, the costs for filing and service of the complaint shall be paid at the time of filing.
B. Except as otherwise provided by subdivision C of this rule, the prevailing party in magisterial district court proceedings shall be entitled to recover taxable costs from the unsuccessful party. Such costs shall consist of all filing, personal service, witness, and execution costs authorized by Act of Assembly or general rule and paid by the prevailing party.
C. Taxable costs on appeal or certiorari shall be paid by the unsuccessful party, and a plaintiff who appeals shall be considered an unsuccessful party if he or she does not obtain on appeal a judgment more favorable than that obtained in the magisterial district court proceeding. A defendant who prevails on certiorari proceedings brought by the defendant or who obtains a favorable judgment upon appeal by either party shall not be liable for costs incurred by the plaintiff in the preceding magisterial district court proceeding and may recover taxable costs in that proceeding from the plaintiff. A plaintiff who is unsuccessful in the magisterial district court proceeding may recover taxable costs in that proceeding from the defendant if the plaintiff is successful on appeal, and in that event the defendant may not recover costs in the magisterial district court proceeding from the plaintiff.
D. This rule shall apply to all civil actions and proceedings except actions pursuant to the Protection from Abuse Act or 42 Pa.C.S. § § 62A01—62A20.
Official Note
‘‘Execution’’ costs include those for executing an order for possession. The items constituting taxable costs in appeal or certiorari proceedings will be governed by law or general rule applicable in the court of common pleas.
Under subdivision B, ‘‘personal service . . . costs’’ refers only to personal service since mail costs are to be borne by the plaintiff in all cases in accordance with Section 1725.1 of the Judicial Code, 42 Pa.C.S. § 1725.1.
This rule does not provide for the assessment of filing costs against an unsuccessful plaintiff who has been permitted to proceed in forma pauperis and who remains indigent. See Brady v. Ford, 451 Pa. Super. 363, 679 A.2d 837 (1996).
For special provisions governing actions pursuant to the Protection From Abuse Act, see Sections 6106(b) and (c) of the Domestic Relations Code, 23 Pa.C.S. § § 6106(b) and (c). For special provisions governing actions seeking relief from sexual violence or intimidation, see 42 Pa.C.S. § § 62A01—62A20.
E. Proceedings in Forma Pauperis
(i) A party who is without financial resources to pay the costs of litigation shall be entitled to proceed in forma pauperis.
(ii) Except as provided by subparagraph (iii), the party shall file a petition and affidavit in the form prescribed by subparagraph (vi). The petition may not be filed prior to the commencement of an action, which action shall be accepted in the first instance, without the payment of filing costs.
Except as prescribed by subparagraph (iii), the magisterial district judge shall act promptly upon the petition and shall enter a determination within five days from the date of the filing of the petition. If the petition is denied, in whole or in part, the magisterial district judge shall briefly state the reasons therefor. The unsuccessful petitioner may proceed no further so long as such costs remain unpaid.
(iii) If the party is represented by an attorney, the magisterial district judge shall allow the party to proceed in forma pauperis upon the filing of a praecipe which contains a certification by the attorney that the attorney is providing free legal service to the party and believes the party is unable to pay the costs.
(iv) A party permitted to proceed in forma pauperis shall not be required to pay any costs imposed or authorized by Act of Assembly or general rule which are payable to any court or any public officer or employee.
The magisterial district judge shall inform a party permitted to proceed in forma pauperis of the option to serve the complaint by mail in the manner permitted by these rules.
A party permitted to proceed in forma pauperis has a continuing obligation to inform the court of improvement in the party’s financial circumstances which will enable the party to pay costs.
(v) If there is a monetary recovery by judgment or settlement in favor of the party permitted to proceed in forma pauperis, the exonerated costs shall be taxed as costs and paid to the magisterial district judge by the party paying the monetary recovery. In no event shall the exonerated costs be paid to the indigent party.
(vi) The petition for leave to proceed in forma pauperis and affidavit shall be substantially in the following form:
[Caption]
Petition
I hereby request that I be permitted to proceed in forma pauperis (without payment of the filing and service costs). In support of this I state the following: 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the costs for filing and service of this action. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the costs is true and correct: (a) Name:
Address:
(b) EmploymentMy present employer is: Employer:
Address:
Salary or wages per month:
Type of work:
or I am presently unemployed.The date of my last employment was:
Salary or wages per month:
Type of work:
(c) Other income that I have received within the past twelve months:
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments:
Disability payments:
Unemployment compensation and supplemental benefits:
Workman’s compensation:
Public assistance:
Other:
(d) Other contributions to household support (Wife) (Husband) Name:
My (Wife) (Husband) is employed:
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned Cash:
Checking account:
Saving account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: Make
, Year
Cost
, Amount owed $
Stocks; bonds:
Other:
(f) Debts and obligationsMortgage:
Rent:
Loans:
Other:
(g) Persons dependent upon me for support (Wife) (Husband) Name:
Children, if any: Name:
Age
Name:
Age
Name:
Age
Other persons: Name:
Relationship:
4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. Date.
Petitioner Action by the Magisterial District Judge:
Date:
…
Magisterial District Judge
Official Note
This Rule substantially follows Pa.R.C.P. No. 240. Under subparagraph E(iv), ‘‘any costs’’ includes all filing, service, witness, and execution costs.
The provisions of this Rule 206 adopted April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended November 25, 2002, effective January 1, 2003, 32 Pa.B. 6078; amended October 22, 2009, effective immediately, 39 Pa.B. 6426; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811. Immediately preceding text appears at serial pages (309509) to (309510), (346257) to (346258) and (370065).