PRINTER'S NO. 110
No. 91 Session of 2003
INTRODUCED BY FLICK, BIRMELIN, REICHLEY, SCHRODER, ADOLPH,
ARMSTRONG, BAKER, BALDWIN, BARD, BARRAR, BELFANTI,
BENNINGHOFF, CAPPELLI, CAWLEY, CLYMER, COLEMAN, CREIGHTON,
DALLY, EGOLF, FAIRCHILD, GEIST, GILLESPIE, HASAY, HERSHEY,
HESS, LEDERER, LEH, MACKERETH, MAITLAND, McILHATTAN,
METCALFE, S. MILLER, PAYNE, PHILLIPS, ROHRER, ROSS, RUBLEY,
SATHER, SAYLOR, SCAVELLO, SCRIMENTI, STEIL, E. Z. TAYLOR,
TIGUE, TRUE, TURZAI, WATSON, WILT, WRIGHT AND YOUNGBLOOD,
FEBRUARY 3, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 general and supervisory authority of the Supreme Court, for
4 adoption of administrative and procedural rules and for
5 establishment of taxable costs.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1701, 1722 and 1726(a) of Title 42 of
9 the Pennsylvania Consolidated Statutes are amended to read:
10 § 1701. General supervisory and administrative authority of the
11 Supreme Court and transmittal of general rules to
12 General Assembly.
13 (a) General authority.--The Supreme Court shall exercise
14 general supervisory and administrative authority over the
15 unified judicial system and in aid thereof shall have the powers
16 specified in Subchapter B (relating to specific powers of the
1 governing authority of the system).
2 (b) General rules governing the practice and procedure of
3 all courts.--General rules governing the practice and procedure
4 of all courts shall be transmitted by the Supreme Court to the
5 General Assembly. Not later than May 1 of the year in which a
6 general rule or modification of an existing general rule is to
7 become effective a copy of the proposed general rule or
8 modification of an existing general rule shall be transmitted to
9 the General Assembly. The general rule or modification of an
10 existing general rule shall take effect no earlier than December
11 1 of the year in which the general rule or modification of an
12 existing general rule is so transmitted unless otherwise
13 provided by statute. The general rule or modification of an
14 existing general rule shall be consistent with the Constitution
15 of Pennsylvania and neither abridge, enlarge nor modify the
16 substantive rights of any litigant, nor affect the right of the
17 General Assembly to determine the jurisdiction of any court or
18 district justice, nor suspend nor alter any statute of
19 limitations or repose.
20 (c) Application of newly approved general rules to pending
21 actions.--When a rule takes effect under subsection (b), the
22 Supreme Court shall:
23 (1) set the extent to which the rule applies to pending
24 actions; but
25 (2) reserve to each court in which an action is pending
26 the authority to not apply the rule in the action upon a
27 finding that the rule would not be feasible or would work an
28 injustice and, in such an event, to apply the former rule.
29 § 1722. Adoption of administrative and procedural rules.
30 (a) General rule.--The governing authority shall have the
20030H0091B0110 - 2 -
1 power to prescribe and modify general rules governing:
2 (1) [Practice, procedure and the] The conduct of all
3 courts, district justices and all officers serving process or
4 enforcing orders of any court or district justice and for
5 admission to the bar and to practice law, and the
6 administration of all courts and the supervision of all
7 officers of the judicial branch, if such rules are consistent
8 with the Constitution of Pennsylvania and neither abridge,
9 enlarge nor modify the substantive rights of any litigant,
10 nor affect the right of the General Assembly to determine the
11 jurisdiction of any court or district justice, nor suspend
12 nor alter any statute of limitation or repose. [All] Except
13 for general rules and modification of existing general rules
14 transmitted to and approved by the General Assembly pursuant
15 to section 1701 (relating to general supervisory and
16 administrative authority of the Supreme Court and transmittal
17 of general rules to General Assembly), all statutes shall be
18 suspended to the extent that they are inconsistent with rules
19 prescribed under this paragraph.
20 (2) The prescription of canons of ethics applicable to
21 judges and district justices and the prescription of rules or
22 canons applicable to the activities of all other personnel of
23 the system.
24 (3) Procedure under section 18 of Article V of the
25 Constitution of Pennsylvania.
26 (4) Procedure under section 18 of Article V of the
27 Constitution of Pennsylvania for the suspension, removal,
28 discipline and compulsory retirement of district justices.
29 (5) Any matter which is specifically authorized by
30 statute to be governed by general rules.
20030H0091B0110 - 3 -
1 A governing authority other than the Supreme Court shall not
2 have power to prescribe general rules for assignment or
3 reassignment of classes of matters among the several courts and
4 district justices under section 503 (relating to reassignment of
5 matters) or otherwise.
6 (b) Enforcement and effect of orders and process.--To the
7 extent, if any, that such powers shall not be conferred by the
8 provisions of subsection (a)(1) and (5), the governing authority
9 shall have power to prescribe and modify general rules,
10 consistent with this title and any other applicable unrepealed
11 statute, governing:
12 (1) The effect of judgments and other orders of, and the
13 right to and effect of attachments and other process issuing
14 out of, a tribunal, and the manner of the enforcement of any
15 thereof, including the time during which and the property
16 with respect to which they shall be a lien, the relative
17 priority of liens and other claims, stays of execution which
18 may or shall be granted, satisfaction of judgments and
19 dissolution of attachments, and all other matters relating to
20 judgments and other orders and attachments and other process
21 which have been regulated heretofore by statute. The general
22 rules prescribed under this paragraph shall be subject to the
23 provisions of section 1701(b).
24 (2) The powers and duties of system and related
25 personnel serving process or enforcing orders, insofar as
26 such powers and duties relate to the custody of and the
27 judicial sale or other disposition of property of judgment
28 debtors and other property within the jurisdiction of a
29 tribunal. Any such system or related personnel who shall
30 comply with the provisions of such rules shall be free from
20030H0091B0110 - 4 -
1 all liability to any person with respect to action in
2 pursuance of such rules.
3 (b.1) Repeal.--A statute shall be repealed for the purposes
4 of [this] subsection (b.2) only if it has been expressly
5 repealed absolutely or insofar as inconsistent with general
6 rules prescribed pursuant to [this subsection.] subsection
7 (b)(2). This subsection shall not apply to general rules or
8 modification of general rules approved by the General Assembly
9 pursuant to section 1701(b).
10 (c) Time limitations.--The governing authority shall have
11 power to prescribe and modify general rules:
12 (1) On any subject covered by Subchapter D of Chapter 55
13 (relating to appeals).
14 (2) Specifying the time within which a matter must be
15 commenced under section 708 (relating to improvident
16 administrative appeals and other matters) or otherwise
17 objecting to a determination of a government unit.
18 The provisions of Chapter 55 (relating to limitation of time)
19 and all other statutes shall be suspended to the extent that
20 they are inconsistent with rules prescribed under this
21 subsection. The intention of this subsection is to authorize the
22 governing authority to develop and maintain uniformity in time
23 periods within the scope of this subsection by eliminating
24 statutory time limitations which are inconsistent with the
25 general pattern of similar time limitations then in effect.
26 § 1726. Establishment of taxable costs.
27 (a) Standards for costs.--[The] Subject to section 1701(b)
28 (relating to general supervisory and administrative authority of
29 the Supreme Court and transmittal of general rules to General
30 Assembly), the governing authority shall prescribe by general
20030H0091B0110 - 5 -
1 rule the standards governing the imposition and taxation of
2 costs, including the items which constitute taxable costs, the
3 litigants who shall bear such costs, and the discretion vested
4 in the courts to modify the amount and responsibility for costs
5 in specific matters. All system and related personnel shall be
6 bound by such general rules. In prescribing such general rules,
7 the governing authority shall be guided by the following
8 considerations, among others:
9 (1) Attorney's fees are not an item of taxable costs
10 except to the extent authorized by section 2503 (relating to
11 right of participants to receive counsel fees).
12 (2) The prevailing party should recover his costs from
13 the unsuccessful litigant except where the:
14 (i) Costs relate to the existence, possession or
15 disposition of a fund and the costs should be borne by
16 the fund.
17 (ii) Question involved is a public question or where
18 the applicable law is uncertain and the purpose of the
19 litigants is primarily to clarify the law.
20 (iii) Application of the rule would work substantial
21 injustice.
22 (3) The imposition of actual costs or a multiple thereof
23 may be used as a penalty for violation of general rules or
24 rules of court.
25 * * *
26 Section 2. The amendment of 42 Pa.C.S. §§ 1701, 1722 and
27 1726(a) shall apply to all proposed general rules and
28 modifications of existing general rules governing the practice
29 and procedure of all courts prescribed by the Supreme Court.
30 Section 3. The Secretary of the Commonwealth shall transmit
20030H0091B0110 - 6 -
1 to the Legislative Reference Bureau, for publication in the
2 Pennsylvania Bulletin, notice of an adoption of an amendment to
3 the Constitution of Pennsylvania which deals with submission of
4 proposed general rules or modification of existing general rules
5 governing the practice and procedure of all courts by the
6 Supreme Court to the General Assembly for approval by the
7 General Assembly.
8 Section 4. This act shall take effect as follows:
9 (1) The amendment of 42 Pa.C.S. §§ 1701, 1722 and
10 1726(a) shall take effect upon publication in the
11 Pennsylvania Bulletin of the notice under section 3.
12 (2) Section 2 of this act shall take effect upon
13 publication in the Pennsylvania Bulletin of the notice under
14 section 3.
15 (3) The remainder of this act shall take effect
16 immediately.
A6L42BIL/20030H0091B0110 - 7 -