Rules of Civil Procedure
The General Assembly, by Act of June 21, 1937, P. L. 1982, as amended, 17 P. S. § 61 et seq. (repealed), vested in the Supreme Court of Pennsylvania the power to prescribe by general rule the practice and procedure in civil actions for the courts of common pleas. This concept was incorporated into the Constitution of 1968, Article V, Section 10(c) which continued to vest in the Supreme Court:
‘‘. . . the power to prescribe general rules governing practice, procedure, and conduct of all courts . . . if such rules are consistent with Constitution and neither abridge, enlarge nor modify the substantive right of any litigant, nor affect the right of the General Assembly to determine the jurisdiction of any court or justice of peace, nor suspend nor alter any statute of limitation or repose. All laws shall be suspended to the extent that they are inconsistent with rules prescribed under these provisions.’’
This Constitutional provision is now implemented by section 1722 of the Judicial Code, 42 Pa.C.S. § 1722, relating to the adoption of administrative and procedural rules.
Pursuant to such rule making power the Supreme Court appointed a Civil Procedural Rules Committee to assist the Court in the preparation and revision of the Rules. The Rules of Civil Procedure were recommended by the Committee and adopted by the Court. Specific numbers were assigned to the chapters of the rules as they were promulgated pursuant to a general plan. The explanatory notes following the Rules were prepared by the Committee for the convenience of the Bench and Bar but were not part of the Rules and were not officially adopted or promulgated by the Supreme Court.
Section 323 of the Judicial Code, 42 Pa.C.S. § 323, continues the prior law empowering every court ‘‘to make such rules and orders of court as the interest of justice or the business of the court may require.’’ Rule of Civil Procedure 239 sets forth the limitation that local rules may not be inconsistent with Acts of Assembly or general rules of the Supreme Court.
By an order of the Supreme Court dated December 31, 1968, all rules then in force governing practice and procedure in courts, including the rules of civil procedure, were continued in force under the Constitution of 1968 until suspended, revoked or modified pursuant to Article V, Section 10(c) of that Constitution.
Equity Rules
Equity Rule 92, adopted by the Supreme Court, May 13, 1940, and as amended Nov. 28, 1941, read as follows:
‘‘Those Rules of Civil Procedure promulgated by the Supreme Court which are applicable to equity practice and procedure, shall prevail over any existing Equity Rules which are inconsistent therewith; and the Equity Rules are modified, or abrogated, to the extent of such inconsistency, as of the respective dates the dominant Rules of Civil Procedure became or become operative.’’
