PRIOR PRINTER'S NO. 1075 PRINTER'S NO. 1679
No. 935 Session of 1975
INTRODUCED BY HILL, ZEMPRELLI, MURPHY, AMMERMAN, EARLY, LEWIS,
HANKINS, HOBBS, DOUGHERTY, JUBELIRER, MESSINGER, SMITH,
DWYER, MURRAY, SWEENEY, LYNCH, FLEMING, MYERS, MANBECK,
REIBMAN, MOORE, SCANLON AND ORLANDO, JULY 9, 1975
SENATOR HILL, JUDICIARY, AS AMENDED, MARCH 2, 1976
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure), 15
2 (Corporations and Unincorporated Associations), 18 (Crimes
3 and Offenses) and 71 (State Government) of the Pennsylvania
4 Consolidated Statutes, adding revised, codified and compiled
5 provisions relating to judiciary and judicial procedure,
6 including certain judicially enforceable rights, duties,
7 immunities and liabilities AND SEPARATELY ENACTING CERTAIN <--
8 RELATED PROVISIONS OF LAW.
9 TABLE OF CONTENTS
10 TITLE 42
11 JUDICIARY AND JUDICIAL PROCEDURE
12 PART I. PRELIMINARY PROVISIONS
13 Chapter 1. General Provisions
14 § 101. Short title of title.
15 § 102. Definitions.
16 § 103. Principles of construction.
17 PART II. ORGANIZATION
18 SUBPART A. COURTS AND DISTRICT JUSTICES
19 ARTICLE A. PRELIMINARY PROVISIONS
20 Chapter 3. General Structure and Powers
1 Subchapter A. Unified Judicial System
2 § 301. Unified judicial system.
3 Subchapter B. General Provisions Relating to Courts
4 § 321. Court of record.
5 § 322. Seal.
6 § 323. Powers.
7 § 324. Sessions AND TERMS OF COURT. <--
8 § 325. Chief Justice and president judges.
9 § 326. Quorum.
10 § 327. Oaths and acknowledgments.
11 ARTICLE B. APPELLATE COURTS
12 Chapter 5. Organization of Appellate Courts
13 Subchapter A. Supreme Court of Pennsylvania
14 § 501. Supreme Court.
15 § 502. General powers of Supreme Court.
16 § 503. Reassignment of matters.
17 § 504. Seat of court.
18 Subchapter B. Superior Court of Pennsylvania
19 § 541. Superior Court.
20 § 542. Powers of Superior Court.
21 § 543. Seat of court.
22 Subchapter C. Commonwealth Court of Pennsylvania
23 § 561. Commonwealth Court.
24 § 562. Powers of Commonwealth Court.
25 § 563. Seat of court.
26 § 564. Evidentiary hearings.
27 Chapter 7. Jurisdiction of Appellate Courts
28 Subchapter A. General Provisions
29 § 701. Scope of subchapter.
30 § 702. Interlocutory orders.
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1 § 703. Place and form of filing appeals.
2 § 704. Waiver of objections to jurisdiction.
3 § 705. Transfers between intermediate appellate courts.
4 § 706. Disposition of appeals.
5 § 707. Lien of judgments.
6 § 708. Improvident administrative appeals and other matters.
7 Subchapter B. Jurisdiction of Supreme Court
8 § 721. Original jurisdiction.
9 § 722. Direct appeals from courts of common pleas.
10 § 723. Appeals from the Commonwealth Court.
11 § 724. Allowance of appeals from Superior and Commonwealth
12 Courts.
13 § 725. Direct appeals from constitutional and judicial
14 agencies.
15 § 726. Extraordinary jurisdiction.
16 Subchapter C. Jurisdiction of Superior Court
17 § 741. Original jurisdiction.
18 § 742. Appeals from courts of common pleas.
19 Subchapter D. Jurisdiction of Commonwealth Court
20 § 761. Original jurisdiction.
21 § 762. Appeals from courts of common pleas.
22 § 763. Direct appeals from administrative agencies.
23 ARTICLE C. COURTS OF COMMON PLEAS
24 Chapter 9. Organization and Jurisdiction of Courts of Common
25 Pleas
26 Subchapter A. Judicial Districts
27 § 901. Judicial districts.
28 Subchapter B. Organization of Courts of Common Pleas
29 § 911. Courts of common pleas.
30 § 912. Powers of courts of common pleas.
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1 § 913. Seats of courts.
2 Subchapter C. Jurisdiction of Courts of Common Pleas
3 § 931. Original jurisdiction and venue.
4 § 932. Appeals from minor judiciary.
5 § 933. Appeals from administrative agencies.
6 § 934. Writs of certiorari.
7 Subchapter D. Court Divisions
8 § 951. Court divisions.
9 § 952. Status of court divisions.
10 § 953. Administrative judges of divisions.
11 ARTICLE D. MINOR COURTS
12 Chapter 11. Community and Municipal Courts
13 Subchapter A. Community Courts
14 § 1101. Community Courts.
15 § 1102. Establishment or discontinuance of community courts.
16 § 1103. Powers of community courts.
17 § 1104. Seats of courts.
18 § 1105. Jurisdiction and venue.
19 § 1106. Lien of judgments.
20 Subchapter B. Philadelphia Municipal Court
21 § 1121. Philadelphia Municipal Court.
22 § 1122. Seat of court.
23 § 1123. Jurisdiction and venue.
24 § 1124. Lien of judgments.
25 Subchapter C. Pittsburgh Magistrates Court
26 § 1141. Pittsburgh Magistrates Court.
27 § 1142. Seat of court.
28 § 1143. Jurisdiction and venue.
29 Chapter 13. Traffic Courts
30 Subchapter A. General Provisions
19750S0935B1679 - 4 -
1 § 1301. Seats of traffic courts.
2 § 1302. Jurisdiction and venue.
3 § 1303. Signatures and dockets.
4 Subchapter B. Traffic Court of Philadelphia
5 § 1321. Traffic Court of Philadelphia.
6 Subchapter C. Traffic Court of Pittsburgh
7 § 1331. Traffic Court of Pittsburgh.
8 § 1332. Operations of traffic court.
9 ARTICLE E. DISTRICT JUSTICES
10 Chapter 15. District Justices
11 Subchapter A. Magisterial Districts
12 § 1501. Definitions.
13 § 1502. Classification of districts.
14 § 1503. Reestablishment of districts.
15 Subchapter B. District Justices
16 § 1511. District justices.
17 § 1512. Seal.
18 § 1513. Powers of district justices.
19 § 1514. Offices.
20 § 1515. Jurisdiction and venue.
21 § 1516. Lien of judgment.
22 SUBPART B. OTHER STRUCTURAL PROVISIONS
23 Chapter 17. Governance of the System
24 Subchapter A. General Provisions
25 § 1701. General supervisory and administrative authority of the
26 Supreme Court.
27 § 1702. Rule making procedures.
28 Subchapter B. Judicial Council of Pennsylvania <--
29 § 1711. Judicial Council of Pennsylvania.
30 § 1712. Organization.
19750S0935B1679 - 5 -
1 § 1713. Staff.
2 § 1714. Powers and duties.
3 Subchapter C B. Specific Powers of the Governing Authority of <--
4 the System
5 § 1721. Delegation of powers.
6 § 1722. Adoption of administrative and procedural rules.
7 § 1723. Review of rules of court. <--
8 § 1724. Rules of evidence.
9 § 1725. Recommendations to the General Assembly and other
10 bodies.
11 § 1726 1723. General supervisory and administrative authority. <--
12 § 1727 1724. Personnel of the system. <--
13 § 1728 1725. Establishment of fees and charges. <--
14 § 1729 1726. Establishment of taxable costs. <--
15 § 1730 1727. Budget and financial matters. <--
16 § 1731 1728. Recognition of related organizations. <--
17 § 1732 1729. Conferences and institutes. <--
18 § 1733 1730. Boards, councils, commissions and committees. <--
19 Chapter 19. Administrative Office of Pennsylvania Courts
20 § 1901. Court Administrator of Pennsylvania.
21 § 1902. Administrative Office of Pennsylvania Courts.
22 § 1903. Staff.
23 § 1904. General functions of Administrative Office. <--
24 § 1905. Cooperation with Administrative Office.
25 Chapter 21. Judicial Boards and Commissions
26 Subchapter A. Judicial Inquiry and Review Board
27 § 2101. Judicial Inquiry and Review Board.
28 § 2102. Composition of board.
29 § 2103. Organization.
30 § 2104. Staff.
19750S0935B1679 - 6 -
1 § 2105. Powers and duties.
2 Subchapter B. Judicial Qualifications Commission (Reserved)
3 Subchapter C. Jury Selection Commissions
4 § 2121. Jury selection commissions.
5 § 2122. Composition of jury selection commissions.
6 § 2123. Staff.
7 § 2124. Powers and duties.
8 Subchapter D. Minor Judiciary Education Board
9 § 2131. Minor Judiciary Education Board.
10 § 2132. Composition of board.
11 § 2133. Organization.
12 § 2134. Staff.
13 § 2135. Powers and duties.
14 Subchapter E. Boards of Viewers
15 § 2141. Boards of viewers.
16 § 2142. Composition of boards.
17 § 2143. Staff.
18 § 2144. Powers and duties.
19 Chapter 23. System and Related Personnel
20 § 2301. Appointment of personnel.
21 § 2302. Maintenance of adequate county staff.
22 § 2303. Powers of system and related personnel.
23 Chapter 25. Representation of Litigants
24 Subchapter A. General Provisions
25 § 2501. Appearance in person or by counsel.
26 § 2502. Certain persons not to appear as counsel.
27 § 2503. Right of participants to receive counsel fees.
28 Subchapter B. Attorneys and Counsellors
29 § 2521. Office of attorney-at-law.
30 § 2522. Oath of office.
19750S0935B1679 - 7 -
1 § 2523. Persons specially admitted by local rules.
2 § 2524. Penalty for unauthorized practice of law.
3 § 2525. Unauthorized solicitation prohibited.
4 Chapter 27. Office of the Clerk of the Court of Common Pleas
5 Subchapter A. General Provisions
6 § 2701. Scope and purpose of chapter.
7 § 2702. Place of filing of documents.
8 § 2703. Notice of transfer of functions and duties.
9 § 2704. Responsibility for entry, maintenance and certification
10 of data.
11 Subchapter B. Prothonotaries
12 § 2731. Prothonotary.
13 § 2732. Selection of prothonotary.
14 § 2733. Seal.
15 § 2734. Office of the prothonotary.
16 § 2735. Staff.
17 § 2736. Matters or documents filed in the office of the
18 prothonotary.
19 § 2737. Powers and duties of the office of the prothonotary.
20 § 2738. Criminal, probate, estates and fiduciary matters.
21 Subchapter C. Clerks of the Courts
22 § 2751. Clerk of the courts.
23 § 2752. Selection of clerk of the courts.
24 § 2753. Seal.
25 § 2754. Office of the clerk of the courts.
26 § 2755. Staff.
27 § 2756. Matters or documents filed in the office of the clerk
28 of the courts.
29 § 2757. Powers and duties of the office of the clerk of the
30 courts.
19750S0935B1679 - 8 -
1 Subchapter D. Clerks of Orphans' Court Divisions
2 § 2771. Clerk of the orphans' court division.
3 § 2772. Selection of clerk of the orphans' court division.
4 § 2773. Seal.
5 § 2774. Office of the clerk of the orphans' court division.
6 § 2775. Staff.
7 § 2776. Matters or documents filed in the office of the clerk
8 of the orphans' court division.
9 § 2777. Powers and duties of the office of the clerk of the
10 orphans' court division.
11 PART III. SELECTION, RETENTION AND REMOVAL OF
12 JUDICIAL OFFICERS
13 Chapter 31. Selection and Retention of Judicial Officers
14 Generally <--
15 Subchapter A. Qualifications Generally
16 § 3101. Qualifications of judicial officers generally.
17 Subchapter B. Qualifications of Certain Minor Judiciary
18 § 3111. Definitions.
19 § 3112. Course of instruction and examination required.
20 § 3113. Content of course of instruction and examination.
21 § 3114. Admission of interested persons.
22 § 3115. Certification of successful completion of course.
23 § 3116. Effect of failure to obtain certificate.
24 § 3117. Expenses.
25 § 3118. Rules and regulations.
26 Subchapter C. Selection of Judicial Officers
27 § 3131. Selection of judicial officers for regular terms.
28 § 3132. Vacancies in office.
29 § 3133. Commonwealth Court judges.
30 § 3134. Community Court judges.
19750S0935B1679 - 9 -
1 § 3135. Increase in number of judges.
2 Subchapter D. Tenure and Compensation
3 § 3151. Oath of office.
4 § 3152. Tenure of judicial officers.
5 § 3153. Retention elections.
6 § 3154. Compensation of judicial officers.
7 Chapter 33. Discipline, Removal and Retirement of Judicial
8 Officers
9 Subchapter A. Standards of Conduct
10 § 3301. Constitutional restrictions.
11 § 3302. Additional restrictions.
12 § 3303. Additional compensation prohibited.
13 § 3304. Acting as collection agent or paid arbitrator
14 prohibited.
15 § 3305. Automatic removal upon conviction or disbarment.
16 § 3306. Automatic removal upon nonjudicial candidacy.
17 § 3307. Automatic suspension of judicial officers under
18 impeachment.
19 Subchapter B. Establishment and Discontinuance of Courts
20 § 3321. Establishment of community courts.
21 § 3322. Discontinuance of community courts.
22 Subchapter C. Discipline and Removal by Judicial Inquiry and
23 Review Board
24 § 3331. Power of discipline or removal.
25 § 3332. Investigation and hearing.
26 § 3333. Recommendation to and action by Supreme Court.
27 § 3334. Proceedings confidential.
28 Subchapter D. Retirement
29 § 3351. Automatic retirement on age.
30 § 3352. Pension rights.
19750S0935B1679 - 10 -
1 PART IV. FINANCIAL MATTERS
2 Chapter 35. Budget and Finance
3 Subchapter A. General Provisions
4 § 3501. Definitions.
5 § 3502. Financial regulations.
6 § 3503. Penalties.
7 Subchapter B. Judicial Department Budget and Finance
8 § 3521. Development of budget information.
9 § 3522. Preparation of tentative budget request.
10 § 3523. Adoption of final budget request.
11 § 3524. Form of Judicial Department appropriation.
12 § 3525. List of employees to be furnished.
13 § 3526. Release of funds.
14 § 3527. Estimates of current expenditures by Administrative
15 Office.
16 § 3528. Fiscal period.
17 § 3529. Audits of affairs of unified judicial system.
18 § 3530. Preparation of requisitions.
19 Subchapter C. County Finance
20 § 3541. Judicial and correctional account.
21 § 3542. Credits to account.
22 § 3543. Debits to account.
23 § 3544. (Reserved).
24 § 3545. (Reserved).
25 § 3546. Relief from liability for loss of property if expenses
26 not paid.
27 Subchapter D. Money Paid into Court
28 § 3561. Money paid into court.
29 Chapter 37. Facilities and Supplies
30 Subchapter A. Statewide Facilities and Services
19750S0935B1679 - 11 -
1 § 3701. Pennsylvania Judicial Center.
2 § 3702. General facilities and services furnished by
3 Administrative Office.
4 § 3703. Local chamber facilities.
5 § 3704. Local facilities for holding sessions of Statewide
6 courts.
7 Subchapter B. District and County Facilities and Services
8 § 3721. County judicial center.
9 § 3722. General facilities and services furnished by county.
10 § 3723. Other facilities and services furnished by
11 Administrative Office.
12 § 3724. County law libraries.
13 § 3725. Standards of local facilities and services.
14 § 3726. Manner of expenditure of local funds.
15 PART V. ADMINISTRATION OF JUSTICE GENERALLY
16 Chapter 41. Administration of Justice
17 Subchapter A. General Provisions
18 § 4101. Coordination of activities.
19 § 4102. Cooperative duties.
20 Subchapter B. Temporary Assignment of Judges and District
21 Justices
22 § 4121. Assignment of judges.
23 § 4122. Assignment of district justices.
24 § 4123. Assignment procedure.
25 Subchapter C. Contempt of Court
26 § 4131. Classification of penal contempts.
27 § 4132. Punishment for contempt.
28 § 4133. Imprisonment for failure to pay fine.
29 § 4134. Publication out of court.
30 § 4135. Criminal contempt.
19750S0935B1679 - 12 -
1 Chapter 43. Dockets, Indices and Other Records
2 Subchapter A. Establishment, Maintenance and Effect of
3 Judicial Records
4 § 4301. Establishment and maintenance of judicial records.
5 § 4302. Effect of records as notice.
6 § 4303. Effect of judgment as lien.
7 § 4304. Notice of Federal pending action (Reserved).
8 § 4305. Federal judgments.
9 § 4306. Enforcement of foreign judgments.
10 Subchapter B. Disposition of Obsolete Records
11 § 4321. Record retention schedules.
12 § 4322. Destruction and disposition of obsolete records.
13 § 4323. Form of permanent recordation.
14 § 4324. Copies of destroyed records.
15 § 4325. Duplicate permanent records.
16 § 4326. Original records meriting special care.
17 § 4327. Transfer of custody to local museum upon application.
18 Chapter 45. Juries and Jurors (RESERVED) <--
19 Subchapter A. Qualifications and Exemptions <--
20 § 4501. Declaration of policy.
21 § 4502. Qualifications of jurors.
22 § 4503. Exemptions from jury service.
23 Subchapter B. Selection and Custody of Jurors
24 § 4521. Master file of prospective jurors.
25 § 4522. Selection of jurors.
26 § 4523. Terms and conditions of jury service.
27 Subchapter C. Penalties
28 § 4541. Failure of juror to attend.
29 § 4542. Interference with jury selection.
30 § 4543. Tampering with juror.
19750S0935B1679 - 13 -
1 PART VI. ACTIONS, PROCEEDINGS AND
2 OTHER MATTERS GENERALLY
3 Chapter 51. Preliminary Provisions
4 § 5101. Remedy to exist for legal injury.
5 § 5102. Place and form of filing applications for relief.
6 § 5103. Transfer of erroneously filed matters.
7 § 5104. Trial by jury.
8 § 5105. Right to appellate review.
9 § 5106. Change of venue.
10 Chapter 53. Bases of Jurisdiction and Interstate and
11 International Procedure
12 Subchapter A. General Provisions
13 § 5301. Persons.
14 § 5302. Land.
15 § 5303. Chattels.
16 § 5304. Documents.
17 § 5305. Corporate shares.
18 § 5306. Obligations.
19 § 5307. Status.
20 Subchapter B. Interstate and International Procedure
21 § 5321. Short title of subchapter.
22 § 5322. Bases of personal jurisdiction over persons outside
23 this Commonwealth.
24 § 5323. Service of process on persons outside this
25 Commonwealth.
26 § 5324. Assistance to tribunals and litigants outside this
27 Commonwealth with respect to service.
28 § 5325. When and how a deposition may be taken outside this
29 Commonwealth.
30 § 5326. Assistance to tribunals and litigants outside this
19750S0935B1679 - 14 -
1 Commonwealth with respect to depositions.
2 § 5327. Determination of foreign law.
3 § 5328. Proof of official records.
4 § 5329. Other provisions of law unaffected.
5 Chapter 55. Limitation of Time
6 Subchapter A. General Provisions
7 § 5501. Scope of chapter.
8 § 5502. Method of computing periods of limitation generally.
9 § 5503. Commencement of matters.
10 § 5504. Judicial extension of time.
11 § 5505. Modification of orders.
12 Subchapter B. Civil Actions and Proceedings
13 § 5521. Limitations on foreign claims.
14 § 5522. Six months limitation.
15 § 5523. One year limitation.
16 § 5524. Two year limitation.
17 § 5525. Four year limitation.
18 § 5526. Five year limitation.
19 § 5527. Six year limitation.
20 § 5528. Fifteen year limitation.
21 § 5529. Twenty year limitation.
22 § 5530. Twenty-one year limitation.
23 § 5531. No limitation.
24 § 5532. Absence or concealment.
25 § 5533. Infancy, insanity or imprisonment.
26 § 5534. War.
27 § 5535. Effect of other actions and proceedings.
28 § 5536. Construction projects.
29 Subchapter C. Criminal Proceedings
30 § 5551. No limitation applicable to murder.
19750S0935B1679 - 15 -
1 § 5552. Other offenses.
2 § 5553. Tolling of statute.
3 Subchapter D. Appeals
4 § 5571. Appeals generally.
5 § 5572. Time of entry of order.
6 § 5573. Effect of application for rehearing.
7 § 5574. Effect of application for amendment to qualify for
8 interlocutory appeal.
9 Chapter 57. Bonds and Recognizances
10 Subchapter A. General Provisions
11 § 5701. Right to bail.
12 § 5702. Bail to be governed by general rules.
13 Subchapter B. Professional Bondsmen
14 § 5741. Definitions.
15 § 5742. Registration and licensure required.
16 § 5743. Issuance of license.
17 § 5744. Office.
18 § 5745. Refusal to grant or renew license.
19 § 5746. Suspension or revocation of license.
20 § 5747. Statements by fidelity or surety companies.
21 § 5748. Maximum premiums.
22 § 5749. Prohibitions and penalties.
23 Chapter 59. Depositions and Witnesses
24 Subchapter A. Witnesses Generally
25 § 5901. Judicial oath.
26 § 5902. Effect of religious beliefs.
27 CRIMINAL PROCEEDINGS
28 § 5911. Competency of witnesses generally.
29 § 5912. Disqualification by perjury.
30 § 5913. Spouses as witnesses against each other.
19750S0935B1679 - 16 -
1 § 5914. Confidential communications between spouses.
2 § 5915. Testimony by spouse in rebuttal.
3 § 5916. Confidential communications to attorney.
4 § 5917. Notes of evidence at former trial.
5 § 5918. Examination of defendant as to other offenses.
6 CIVIL MATTERS
7 § 5921. Interest not to disqualify.
8 § 5922. Disqualification by perjury.
9 § 5923. Confidential communications between spouses.
10 § 5924. Spouses as witnesses against each other.
11 § 5925. Testimony by wife against husband in rebuttal.
12 § 5926. Testimony by spouse after attack on character or
13 conduct.
14 § 5927. In actions by spouse to recover separate property.
15 § 5928. Confidential communications to attorney.
16 § 5929. Physicians not to disclose information.
17 § 5930. Surviving party as witness, in case of death, mental
18 incapacity, etc.
19 § 5931. Incompetent witnesses.
20 § 5932. Witness competent to testify against interest; to
21 become competent upon release of interest.
22 § 5933. Competency of surviving party.
23 § 5934. Notes of evidence at former trial.
24 § 5935. Examination of person adversely interested.
25 CERTAIN PRIVILEGES AND IMMUNITIES
26 § 5941. Who may be compelled to testify.
27 § 5942. Confidential communications to news reporters.
28 § 5943. Confidential communications to clergymen.
29 § 5944. Confidential communications to licensed psychologists.
30 § 5945. Confidential communications to school personnel.
19750S0935B1679 - 17 -
1 § 5946. Confidential communications to certified public
2 accountants.
3 § 5947. Competency of witnesses and jurors.
4 § 5948. Order to testify in cases involving organized crime or
5 racketeering.
6 Subchapter B. Securing Attendance of Witnesses in Criminal
7 Proceedings
8 § 5961. Short title of subchapter.
9 § 5962. Definitions.
10 § 5963. Summoning witness in this Commonwealth to testify in
11 another state.
12 § 5964. Witness from another state summoned to testify in this
13 Commonwealth.
14 § 5965. Exemption from arrest and service of process.
15 Subchapter C. Rendition of Prisoners as Witnesses in
16 Criminal Proceedings
17 § 5971. Short title of subchapter.
18 § 5972. Definitions.
19 § 5973. Scope of subchapter.
20 § 5974. Summoning witness in this Commonwealth to testify in
21 another state.
22 § 5975. Court order.
23 § 5976. Terms and conditions.
24 § 5977. Prisoner from another state summoned to testify in this
25 Commonwealth.
26 § 5978. Compliance.
27 § 5979. Exemption from arrest and service of process.
28 Chapter 61. Rules of Evidence
29 Subchapter A. Documentary Evidence
30 § 6101. Scope of subchapter.
19750S0935B1679 - 18 -
1 § 6102. Judicial notice of official seals.
2 § 6103. Proof of official records.
3 § 6104. Effect of official records generally.
4 § 6105. Acts of notaries public.
5 § 6106. Certified exemplifications of records.
6 § 6107. Judicial notice of certain local government ordinances.
7 § 6108. Business records.
8 § 6109. Photographic copies of business and public records.
9 § 6110. Registers kept by religious societies and
10 municipalities.
11 § 6111. Handwriting.
12 § 6112. Introduction of parol evidence after refusal to produce
13 documents.
14 Subchapter B. Eminent Domain Matters
15 § 6121. Eminent domain matters.
16 Subchapter C. Blood Tests to Determine Paternity
17 § 6131. Short title of subchapter.
18 § 6132. Scope of subchapter.
19 § 6133. Authority for test.
20 § 6134. Selection of experts.
21 § 6135. Compensation of experts.
22 § 6136. Effect of test results.
23 § 6137. Effect on presumption of legitimacy.
24 Subchapter D. Miscellaneous Provisions
25 § 6141. Effect of certain settlements.
26 § 6142. Pleas in motor vehicle matters.
27 § 6143. Vehicle registration number prima facie evidence.
28 § 6144. Dying declarations in case of abortion.
29 Chapter 63. Juvenile Matters
30 Subchapter A. General Provisions
19750S0935B1679 - 19 -
1 § 6301. Short title and purposes of chapter.
2 § 6302. Definitions.
3 § 6303. Scope of chapter.
4 § 6304. Powers and duties of probation officers.
5 § 6305. Masters.
6 § 6306. Costs and expenses of care of child.
7 § 6307. Inspection of court files and records.
8 § 6308. Law enforcement records.
9 Subchapter B. Jurisdiction and Custody
10 § 6321. Commencement of proceedings.
11 § 6322. Transfer from criminal proceedings.
12 § 6323. Informal adjustment.
13 § 6324. Taking into custody.
14 § 6325. Detention of child.
15 § 6326. Release or delivery to court.
16 § 6327. Place of detention.
17 Subchapter C. Procedures and Safeguards
18 § 6331. Release from detention or commencement of proceedings.
19 § 6332. Informal detention hearing.
20 § 6333. Subpoena.
21 § 6334. Petition.
22 § 6335. Summons.
23 § 6336. Conduct of hearings.
24 § 6337. Right to counsel.
25 § 6338. Other basic rights.
26 § 6339. Investigation and report.
27 § 6340. Consent decree.
28 § 6341. Adjudication.
29 Subchapter D. Dispositions of Children Generally
30 § 6351. Disposition of deprived child.
19750S0935B1679 - 20 -
1 § 6352. Disposition of delinquent child.
2 § 6353. Limitation on length of commitment.
3 § 6354. Effect of adjudication.
4 § 6355. Transfer to criminal proceedings.
5 § 6356. Disposition of mentally ill or mentally retarded child.
6 § 6357. Rights and duties of legal custodian.
7 Subchapter E. Disposition Affecting Other Jurisdictions
8 § 6361. Disposition of nonresident child.
9 § 6362. Disposition of resident child received from another
10 state.
11 § 6363. Ordering foreign supervision.
12 § 6364. Supervision under foreign order.
13 § 6365. Powers of foreign probation officers.
14 Chapter 65. Habeas Corpus
15 § 6501. Writ not to be suspended.
16 § 6502. Power to issue writ.
17 § 6503. Right to apply for writ.
18 § 6504. Return on writ.
19 § 6505. Interference with writ prohibited.
20 Chapter 67. Support Proceedings
21 Subchapter A. General Provisions (Reserved)
22 Subchapter B. Reciprocal Enforcement of Support Orders
23 § 6741. Short title and purposes of subchapter.
24 § 6742. Definitions.
25 § 6743. Remedies additional to those now existing.
26 § 6744. Extent of duties of support.
27 § 6745. Interstate rendition.
28 § 6746. Conditions of interstate rendition.
29 § 6747. Choice of law.
30 § 6748. Remedies of state or political subdivision furnishing
19750S0935B1679 - 21 -
1 support.
2 § 6749. How duties of support are enforced.
3 § 6750. Jurisdiction.
4 § 6751. Petition for support.
5 § 6752. Officials to represent obligee.
6 § 6753. Petition for a minor.
7 § 6754. Duty of initiating court.
8 § 6755. Costs and fees.
9 § 6756. Jurisdiction by arrest.
10 § 6757. State information agency.
11 § 6758. Duty of the court and officials of this Commonwealth
12 as responding state.
13 § 6759. Further duties of court and officials of responding
14 state.
15 § 6760. Hearing and continuance.
16 § 6761. Immunity from criminal prosecution.
17 § 6762. Evidence of husband and wife.
18 § 6763. Rules of evidence.
19 § 6764. Order of support.
20 § 6765. Responding court to transmit copies to initiating
21 court.
22 § 6766. Additional powers of responding court.
23 § 6767. Paternity.
24 § 6768. Additional duties of responding court.
25 § 6769. Additional duty of initiating court.
26 § 6770. Proceedings not to be stayed.
27 § 6771. Application of payments.
28 § 6772. Effect of participation in proceeding.
29 § 6773. Intrastate application.
30 § 6774. Appeals.
19750S0935B1679 - 22 -
1 § 6775. Additional remedies.
2 § 6776. Registration.
3 § 6777. Registry of foreign support orders.
4 § 6778. Official to represent obligee.
5 § 6779. Registration procedure.
6 § 6780. Effect and enforcement of registered order.
7 PART VII. CIVIL ACTIONS AND PROCEEDINGS
8 Chapter 71. General Provisions
9 § 7101. Settlements and other agreements with hospitalized
10 persons.
11 Chapter 73. Arbitration
12 Subchapter A. Statutory Arbitration
13 § 7301. Short title of subchapter.
14 § 7302. Scope of subchapter.
15 § 7303. Validity of arbitration agreement.
16 § 7304. Proceedings to compel or stay arbitration.
17 § 7305. Appointment of arbitrators by court.
18 § 7306. Majority action by arbitrators.
19 § 7307. Hearing.
20 § 7308. Representation by attorney.
21 § 7309. Witnesses, subpoenas and depositions.
22 § 7310. Award.
23 § 7311. Change of award by arbitrators.
24 § 7312. Fees and expenses of arbitration.
25 § 7313. Confirmation of an award.
26 § 7314. Vacating an award.
27 § 7315. Modification or correction of award.
28 § 7316. Judgment or decree on award.
29 § 7317. Applications to court.
30 § 7318. Court and jurisdiction.
19750S0935B1679 - 23 -
1 § 7319. Venue.
2 § 7320. Appeals.
3 Subchapter B. Common Law Arbitration
4 § 7341. Common law arbitration.
5 Subchapter C. Judicial Arbitration
6 § 7361. Compulsory arbitration.
7 § 7362. Voluntary Arbitration of pending judicial matters.
8 Chapter 75. Commencement of Actions
9 Subchapter A. General Provisions
10 § 7501. Partition of property.
11 Subchapter B. Interpleader Compacts
12 § 7521. Short title of subchapter.
13 § 7522. Interpleader compact.
14 § 7523. Duties of the Department of State.
15 § 7524. Duties of the Governor.
16 Subchapter C. Declaratory Judgments
17 § 7531. Short title of subchapter.
18 § 7532. General scope of declaratory remedy.
19 § 7533. Construction of documents.
20 § 7534. Before breach of contract.
21 § 7535. Rights of fiduciaries and other persons.
22 § 7536. Enumeration not exclusive.
23 § 7537. Remedy discretionary.
24 § 7538. Supplemental relief.
25 § 7539. Issues of fact.
26 § 7540. Parties.
27 § 7541. Construction of subchapter.
28 Subchapter D. Reciprocal Tax Enforcement
29 § 7551. Enforcement of taxes imposed by other states.
30 Chapter 77. Trial (Reserved)
19750S0935B1679 - 24 -
1 Chapter 79. Post-trial Matters (Reserved)
2 Chapter 81. Judgments
3 Subchapter A. General Provisions
4 § 8101. Interest on judgments.
5 § 8102. Contribution among joint judgment debtors.
6 § 8103. Deficiency judgments.
7 § 8104. Duty of judgment creditor to enter satisfaction.
8 Subchapter B. Exemptions from Execution
9 § 8121. Scope of subchapter.
10 § 8122. Waiver of exemption.
11 § 8123. General monetary exemption.
12 § 8124. Exemption of particular goods.
13 § 8125. Tangible personal property exhibited at international
14 exhibitions.
15 § 8126. Common carriers not liable.
16 § 8127. Transfer of claim to avoid policy of Commonwealth.
17 Chapter 83. Particular Rights and Immunities
18 Subchapter A. Rights of Action
19 § 8301. Death action.
20 § 8302. Survival action.
21 § 8303. Action for performance of a duty required by law.
22 Subchapter B. Contribution Among Tort-feasors
23 § 8321. Short title of subchapter.
24 § 8322. Definition.
25 § 8323. Scope of subchapter.
26 § 8324. Right of contribution.
27 § 8325. Effect of judgment.
28 § 8326. Effect of release as to other tort-feasors.
29 § 8327. Liability to make contribution as affected by release.
30 Subchapter C. Immunities Generally
19750S0935B1679 - 25 -
1 § 8331. Medical good Samaritan civil immunity.
2 § 8332. Nonmedical good Samaritan civil immunity.
3 § 8333. Body fluid and tissue limited civil immunity.
4 § 8334. Physicians and nurses civil immunity in mass
5 immunization projects.
6 § 8335. Damages for conversion of property of fluctuating
7 value.
8 Subchapter D. Defamation
9 § 8341. Single publication limitation.
10 § 8342. Justification a defense.
11 § 8343. Burden of proof.
12 § 8344. Malice or negligence necessary to support award of
13 damages.
14 § 8345. No liability when without power of censorship.
15 Chapter 85. Matters Affecting the Commonwealth (Reserved)
16 PART VIII. CRIMINAL PROCEEDINGS
17 Chapter 87. General Provisions
18 § 8701. Interpreters for the deaf.
19 Chapter 89. Commencement of Proceedings
20 Subchapter A. General Provisions
21 § 8901. Intrastate hot pursuit.
22 Subchapter B. Interstate Hot Pursuit
23 § 8921. Scope of subchapter.
24 § 8922. Authority of officers of another state to arrest in
25 this Commonwealth.
26 § 8923. Hearing after arrest.
27 § 8924. Construction of subchapter.
28 Subchapter C. Indictment and Information
29 § 8931. Indictment and information.
30 Chapter 91. Detainers and Extradition
19750S0935B1679 - 26 -
1 Subchapter A. Agreement on Detainers
2 § 9101. Agreement on Detainers.
3 § 9102. Appropriate court.
4 § 9103. Enforcement and cooperation.
5 § 9104. Second and subsequent offenses.
6 § 9105. Escape.
7 § 9106. Duty of warden or other official.
8 § 9107. Administrator and information agent.
9 § 9108. Transmission of subchapter.
10 Subchapter B. Extradition of Persons Charged with Crime
11 § 9121. Short title of subchapter.
12 § 9122. Definitions.
13 § 9123. Duty of Governor with respect to fugitives from
14 justice.
15 § 9124. Form of demand.
16 § 9125. Governor may investigate case.
17 § 9126. Extradition of persons imprisoned or awaiting trial in
18 another state or who have left the demanding state
19 under compulsion.
20 § 9127. Extradition of persons not present in demanding state
21 at time of commission of crime.
22 § 9128. Issue by Governor of warrant of arrest.
23 § 9129. Manner and place of execution.
24 § 9130. Authority of arresting officer.
25 § 9131. Rights of accused person.
26 § 9132. Penalty for noncompliance.
27 § 9133. Confinement in jail.
28 § 9134. Arrest prior to requisition.
29 § 9135. Arrest without a warrant.
30 § 9136. Commitment to await requisition.
19750S0935B1679 - 27 -
1 § 9137. Bail.
2 § 9138. Extension of time of commitment.
3 § 9139. Forfeiture of bail.
4 § 9140. Persons under criminal prosecution in this
5 Commonwealth at time of requisition.
6 § 9141. Inquiry into guilt or innocence of accused.
7 § 9142. Governor may recall warrant or issue another.
8 § 9143. Duty of Governor in case of fugitives from this
9 Commonwealth.
10 § 9144. Issuance of requisition.
11 § 9145. Immunity from service of process in certain civil
12 actions.
13 § 9146. Written waiver of extradition proceedings.
14 § 9147. Nonwaiver by Commonwealth.
15 § 9148. Liability to further criminal prosecutions.
16 Chapter 93. Trial (Reserved)
17 Chapter 95. Post-trial Matters (Reserved)
18 Section 3. Conforming amendment to Title 15.
19 Section 4. Conforming amendment to Title 18.
20 Section 5. Conforming amendment to Title 71.
21 Section 6. Notice to Insurance Department.
22 Section 7. Existing president judges.
23 Section 8. Pending actions and proceedings.
24 Section 9. Philadelphia Municipal Court.
25 Section 10. Concurrent jurisdiction of Court of Common Pleas of
26 Philadelphia County.
27 Section 11. Local rules. (RESERVED) <--
28 Section 12. Allegheny County appointments.
29 Section 13. Juvenile Court Judges' Commission.
30 Section 14. Continuation of existing judicial boards,
19750S0935B1679 - 28 -
1 commissions and committees.
2 Section 15. Minor Judiciary Education Board.
3 Section 16. Boards of viewers.
4 Section 17. Landlord and tenant officers and writ servers.
5 Section 18. Traffic court writ servers.
6 Section 19. Applicability of minor judiciary education
7 requirements.
8 Section 20. Minor judiciary education expenses.
9 Section 21. Certain judges of Commonwealth Court.
10 Section 22. Existing judges of the Traffic Court of
11 Philadelphia.
12 Section 23. Existing judicial officers.
13 Section 24. Financial matters.
14 Section 25. Effect of act on periods of limitation.
15 Section 26. Repeals and related provisions.
16 Section 27. Effect on certain officers.
17 Section 28. Effective date.
18 Source Notes
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Chapter 83 (relating to bases of jurisdiction) of
22 Title 42, act of November 25, 1970 (P.L.707, No.230), known as
23 the Pennsylvania Consolidated Statutes, added November 15, 1972
24 (P.L.1063, No.271), is hereby repealed absolutely.
25 Section 2. Title 42 is amended to read:
26 TITLE 42
27 JUDICIARY AND JUDICIAL PROCEDURE
28 Part
29 I. Preliminary Provisions
30 II. Organization [of Judicial Branch]
19750S0935B1679 - 29 -
1 III. Selection, Retention and Removal of Judicial Officers
2 IV. Financial Matters
3 V. Administration of Justice Generally
4 VI. Actions, [and] Proceedings and Other Matters Generally
5 VII. Civil Actions and Proceedings
6 VIII. Criminal Proceedings
7 [IX. General Provisions]
8 PART I
9 PRELIMINARY PROVISIONS
10 Chapter
11 1. General Provisions
12 CHAPTER 1
13 GENERAL PROVISIONS
14 Sec.
15 101. Short title of title.
16 102. Definitions.
17 103. Principles of construction.
18 § 101. Short title of title.
19 This title shall be known and may be cited as the "Judicial
20 Code."
21 § 102. Definitions.
22 Subject to additional definitions contained in subsequent
23 provisions of this title which are applicable to specific
24 provisions of this title, the following words and phrases, when
25 used in this title shall have, unless the context clearly
26 indicates otherwise, the meanings given to them in this section:
27 "Action." <--
28 (1) Any action at law or in equity.
29 (2) Includes failure to act.
30 "ACTION." ANY ACTION AT LAW OR IN EQUITY. <--
19750S0935B1679 - 30 -
1 "Administrative judge." The administrative judge of a
2 division of a court, determined or selected as prescribed by
3 general rule. or rule of court. <--
4 "Administrative office." The central office for the <--
5 administration of the unified judicial system existing under
6 Chapter 19 (relating to Administrative Office of Pennsylvania
7 Courts) or otherwise.
8 "ADMINISTRATIVE OFFICE." THE OFFICE OF THE COURT <--
9 ADMINISTRATOR OF PENNSYLVANIA AS SPECIFIED IN SECTION 1902
10 (RELATING TO ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS).
11 "Administrative staff." All individuals employed in the
12 business of a court, including the personnel of the office of
13 the clerk of the court of common pleas, but the term does not
14 include judicial officers or their personal staff. The term
15 includes the clerks or prothonotaries of the Supreme Court, the
16 Superior Court and the Commonwealth Court and their staffs.
17 "AFFIDAVIT." INCLUDES AN UNSWORN DOCUMENT CONTAINING <--
18 STATEMENTS OF FACT AND A STATEMENT BY THE SIGNATORY THAT IT IS
19 MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 (RELATING TO
20 UNSWORN FALSIFICATION TO AUTHORITIES).
21 "Appeal." Any petition or other application to a court for
22 review of subordinate governmental action DETERMINATIONS. The <--
23 term includes an application for certiorari under section 934
24 (relating to writs of certiorari) or under any other provision
25 of law. WHERE REQUIRED BY THE CONTEXT, THE TERM INCLUDES <--
26 PROCEEDINGS ON PETITION FOR REVIEW.
27 "Appellate court." Includes the Supreme Court, the Superior
28 Court and the Commonwealth Court.
29 "Appointive judicial officers." Arbitrators, auditors,
30 commissioners to take oaths and depositions, custodians,
19750S0935B1679 - 31 -
1 examiners, guardians, masters, receivers, referees, trustees,
2 viewers and other like officers.
3 "Branch." As applied to a court of common pleas in a multi-
4 county judicial district, an administrative unit composed of
5 those members of the staff of the court from a particular county
6 within the judicial district.
7 "Central staff." All individuals employed in the business of
8 the unified judicial system, but the term does not include
9 district justices or their personal staff or personnel of the
10 courts.
11 "Clerk." As applied to a court of common pleas or the
12 Philadelphia Municipal Court, the personnel of the office of the
13 clerk of the court of common pleas, and as applied to any other
14 court, the administrative staff responsible for the receipt of
15 documents transmitted to the court by litigants and the
16 transmission of notice of orders entered by and process issued
17 under the authority of the court.
18 "Clerk of the courts." THE OFFICER EXERCISING THE POWERS AND <--
19 PERFORMING THE DUTIES SPECIFIED IN SUBCHAPTER C OF CHAPTER 27
20 (RELATING TO CLERKS OF THE COURTS). The term includes the Clerk
21 of Quarter Sessions of Philadelphia.
22 "CLERK OF THE ORPHANS' COURT DIVISION." THE OFFICER <--
23 EXERCISING THE POWERS AND PERFORMING THE DUTIES SPECIFIED IN
24 SUBCHAPTER D OF CHAPTER 27 (RELATING TO CLERKS OF ORPHANS' COURT
25 DIVISIONS).
26 "Commonwealth agency." Any executive agency or independent
27 agency.
28 "Commonwealth Court." The court existing under section 4 of
29 Article V of the Constitution of Pennsylvania and Subchapter C
30 of Chapter 5 (relating to Commonwealth Court of Pennsylvania).
19750S0935B1679 - 32 -
1 "Commonwealth government." The government of the
2 Commonwealth, including the courts and other officers or
3 agencies of the unified judicial system, the General Assembly
4 and its officers and agencies, the Governor, and the
5 departments, boards, commissions, authorities and officers and
6 agencies of the Commonwealth, but the term does not include any
7 political subdivision, municipal or other local authority, or
8 any officer or agency of any such political subdivision or local
9 authority.
10 "Community court." A court existing in a judicial district
11 under section 6(a) of Article V of the Constitution of
12 Pennsylvania and Subchapter A of Chapter 11 (relating to
13 community courts).
14 "County." Includes the City and County of Philadelphia.
15 "County staff." System and related personnel elected by the
16 electorate of a county or subject to appointment and removal by
17 officers, other than judicial officers, so elected. The term
18 does not include judicial officers.
19 "Court." Includes any one or more of the judges of the court
20 who are authorized by general rule or rule of court, or by law
21 or usage, to exercise the powers of the court in the name of the
22 court.
23 "Court Administrator of Pennsylvania." The court
24 administrator appointed by the Supreme Court under section 10(b)
25 of Article V of the Constitution of Pennsylvania and section
26 1901 (relating to Court Administrator of Pennsylvania).
27 "Court of common pleas." The court existing in each judicial
28 district under section 5 of Article V of the Constitution of
29 Pennsylvania and Chapter 9 (relating to organization and
30 jurisdiction of courts of common pleas).
19750S0935B1679 - 33 -
1 "District court administrator." The court administrator <--
2 responsible for the administration of the courts and district
3 justices of a judicial district.
4 "DETERMINATION." ACTION OR INACTION BY A GOVERNMENT UNIT <--
5 WHICH ACTION OR INACTION IS SUBJECT TO JUDICIAL REVIEW BY A
6 COURT UNDER SECTION 9 OF ARTICLE V OF THE CONSTITUTION OF
7 PENNSYLVANIA OR OTHERWISE. THE TERM INCLUDES AN ORDER ENTERED BY
8 A GOVERNMENT UNIT.
9 "District justice." A justice of the peace holding office
10 under section 7(a) of Article V of the Constitution of
11 Pennsylvania and Chapter 15 (relating to district justices).
12 "Division." An administrative unit composed of those judges
13 of the court responsible for the transaction of a specific <--
14 SPECIFIED class of the business of the court. In a court having <--
15 two or more divisions each division of the court is vested with
16 the full jurisdiction of the whole court, but the business of
17 the court may be allocated among the divisions of the court by
18 or pursuant to general rules.
19 "Executive agency." The Governor and the departments,
20 boards, commissions, authorities and other officers and agencies
21 of the Commonwealth government, but the term does not include
22 any court or other officer or agency of the unified judicial
23 system, the General Assembly and its officers and agencies, or
24 any independent agency.
25 "General rule." A rule or order promulgated by or pursuant
26 to the authority of the Supreme Court.
27 "Governing authority." When used with respect to the
28 exercise of any power or the performance of any duty:
29 (1) the Supreme Court; or
30 (2) any agency or unit of the unified judicial system
19750S0935B1679 - 34 -
1 exercising such power or performing such duty pursuant to the
2 authority of the Supreme Court under section 1721 (relating
3 to delegation of powers).
4 "Government agency." Any Commonwealth agency or any
5 political subdivision or municipal or other local authority, or
6 any officer or agency of any such political subdivision or local
7 authority.
8 "Government unit." The General Assembly and its officers and
9 agencies, any government agency or any court or other officer or
10 agency of the unified judicial system.
11 "Independent agency." Boards, commissions, authorities and
12 other agencies and officers of the Commonwealth government which
13 are not subject to the policy supervision and control of the
14 Governor, but the term does not include any court or other
15 officer or agency of the unified judicial system or the General
16 Assembly and its officers and agencies.
17 "Indictable offense." An offense other than a summary
18 offense.
19 "Issuing authority." Any judge or district justice of the
20 minor judiciary, subject to the express limitations on
21 jurisdiction specified in this title.
22 "Judge." Includes a justice of the Supreme Court. Except
23 with respect to the power to select a president or
24 administrative judge, to appoint and remove the administrative
25 staff of the court and to adopt rules of court and other similar
26 matters, the term includes a senior judge.
27 "Judicial and correctional account." The account required to
28 be established upon the books of certain political subdivisions
29 pursuant to section 3541 (relating to judicial and correctional
30 account).
19750S0935B1679 - 35 -
1 "Judicial branch." The judicial branch specified in section
2 10(c) of Article V of the Constitution of Pennsylvania.
3 "Judicial Council." The Judicial Council of Pennsylvania <--
4 existing under order of the governing authority as implemented
5 by Subchapter B of Chapter 17 (relating to Judicial Council of
6 Pennsylvania) or otherwise.
7 "Judicial department." A term utilized in appropriation
8 statutes to distinguish judicial appropriations from other
9 appropriations.
10 "Judicial district." A district established by section 901
11 (relating to judicial districts) for the election of one or more
12 judges of a court of common pleas.
13 "Judicial officers." Judges, district justices and
14 appointive judicial officers.
15 "Law." The common law and statutory law of the Commonwealth
16 of Pennsylvania, including general rules and the provisions of
17 the Constitution of Pennsylvania.
18 "Litigant." A party or any other person legally concerned
19 with the results of a matter.
20 "Magisterial district." A district established within a
21 judicial district pursuant to Subchapter A of Chapter 15
22 (relating to magisterial districts) for the election of a
23 district justice.
24 "Matter." Action, proceeding or appeal.
25 "Minor judiciary." The community courts, district justices,
26 Philadelphia Municipal Court, Pittsburgh Magistrates Court, and
27 Traffic Court of Philadelphia.
28 "Office of the clerk of the court of common pleas." A term
29 employed in this title to refer generally to the administrative
30 staff of the courts of common pleas and the Philadelphia
19750S0935B1679 - 36 -
1 Municipal Court responsible for the receipt of documents
2 transmitted to the court by litigants and the transmission of
3 notice of orders entered by and process issued under the
4 authority of the court. The business of such staff shall be
5 divided among the personnel of the offices of the prothonotary,
6 the clerk of the courts and the clerk of the orphans' court
7 division in the manner provided by or pursuant to Chapter 27
8 (relating to office of the clerk of the court of common pleas). <--
9 Except as otherwise provided by statute, the term does not imply
10 the unification of the administration, personnel or operations
11 of any or all of such offices.
12 "Order." Includes judgment, decision, decree, sentence and
13 adjudication.
14 "Participant." Litigants, witnesses and their counsel.
15 "Party." A person who commences or against whom relief is
16 sought in a matter. The term includes counsel for such a person
17 who is represented by counsel.
18 "Personal staff." Private secretaries, law clerks and such
19 other personnel as an individual may be authorized by law to
20 select and remove subject to standards and classifications
21 established by the governing authority.
22 "Personnel of the court." The judges and staff of the court.
23 "Personnel of the system." Judicial officers, personal
24 staff, administrative staff and central staff.
25 "Philadelphia Municipal Court." The municipal court existing
26 under section 6(c) of Article V of the Constitution of
27 Pennsylvania and Subchapter B of Chapter 11 (relating to
28 Philadelphia Municipal Court) so long as a community court has
29 not been established or in the event one has been discontinued
30 in the City and County of Philadelphia.
19750S0935B1679 - 37 -
1 "Pittsburgh Magistrates Court." The court existing under
2 Subchapter C of Chapter 11 (relating to Pittsburgh Magistrates
3 Court).
4 "President judge." The president judge of a court determined
5 or selected as provided or as prescribed by law.
6 "Proceeding." Includes every declaration, petition or other
7 application which may be made to a court under law or usage, and
8 includes every declaration, petition or other application which
9 may be made under special statutory authority, but the term does
10 not include an action or an appeal.
11 "Process." A document evidencing a command of a court.
12 "Prothonotary." The officer exercising the powers and
13 performing the duties specified in Subchapter B of Chapter 27
14 (relating to prothonotaries).
15 "QUASIJUDICIAL ORDER." AN ORDER OF A GOVERNMENT UNIT, MADE <--
16 AFTER NOTICE AND OPPORTUNITY FOR HEARING, WHICH IS BY LAW
17 REVIEWABLE SOLELY UPON THE RECORD MADE BEFORE THE GOVERNMENT
18 UNIT, AND NOT UPON A RECORD MADE IN WHOLE OR IN PART BEFORE THE
19 REVIEWING COURT. THIS DEFINITION HAS NO APPLICATION TO THE
20 DEFINITION OF "TRIBUNAL".
21 "Related staff." All individuals employed at public expense
22 who serve the unified judicial system, but the term does not
23 include personnel of the system.
24 "Rule of court." A rule promulgated by a court regulating
25 practice or procedure before the promulgating court.
26 "Section." An administrative unit of the administrative
27 staff of the court composed of those persons responsible for the
28 support of a class of the business of the court specified by
29 law.
30 "Senior judge." A former or retired judge who, with his
19750S0935B1679 - 38 -
1 consent, is assigned on temporary judicial service pursuant to
2 section 4121(b) (relating to judicial service by senior judges).
3 "Staff of the court." Appointive judicial officers, the
4 administrative staff and personal staff of the court.
5 "State." When used in reference to the different parts of
6 the United States, includes the District of Columbia, the
7 Commonwealth of Puerto Rico, the Virgin Islands, and other
8 organized territories and possessions of the United States.
9 "State Law Library." The Law Library Bureau of the State
10 Library of Pennsylvania.
11 "Superior Court." The court existing under section 3 of
12 Article V of the Constitution of Pennsylvania and Subchapter B
13 of Chapter 5 (relating to Superior Court of Pennsylvania).
14 "Supreme Court." The court existing under section 2 of
15 Article V of the Constitution of Pennsylvania and Subchapter A
16 of Chapter 5 (relating to Supreme Court of Pennsylvania).
17 "System." The unified judicial system.
18 "System and related personnel." Personnel of the system and
19 related staff. The term includes district attorneys, public
20 defenders, sheriffs and other officers serving process or
21 enforcing orders, registers of wills, prothonotaries, clerks of
22 the courts, clerks of the orphans' court division, coroners,
23 jury commissioners, prison and correctional officials, and the
24 personnel of all of the foregoing.
25 "Traffic Court of Philadelphia." The traffic court existing
26 under section 6(c) of Article V of the Constitution of
27 Pennsylvania and Subchapter B of Chapter 13 (relating to Traffic
28 Court of Philadelphia) so long as a community court has not been
29 established or in the event one has been discontinued in the
30 City and County of Philadelphia.
19750S0935B1679 - 39 -
1 "Tribunal." A court or district justice. , DISTRICT JUSTICE <--
2 OR OTHER JUDICIAL OFFICER VESTED WITH THE POWER TO ENTER AN
3 ORDER IN A MATTER. The term includes a government unit when
4 performing quasi-judicial functions.
5 "Unified judicial system." The unified judicial system
6 existing under section 1 of Article V of the Constitution of
7 Pennsylvania and section 301 (relating to unified judicial
8 system).
9 "VERIFIED." INCLUDES AN UNSWORN DOCUMENT CONTAINING A <--
10 STATEMENT BY THE SIGNATORY THAT IS MADE SUBJECT TO THE PENALTIES
11 OF 18 PA.C.S. §4904 (RELATING TO UNSWORN FALSIFICATION TO
12 AUTHORITIES).
13 § 103. Principles of construction.
14 (a) Necessary powers conferred.--The provisions of this
15 title shall be construed so as to vest in the unified judicial
16 system and in the personnel of the system power to do all things
17 that are reasonably necessary for the proper execution and
18 administration of their functions within the scope of their
19 respective jurisdiction.
20 (b) No inference from express grant of powers.--The
21 inclusion in this title of provisions derived from or based on
22 the text of the Constitution of Pennsylvania and the
23 specification in this title of the powers of the unified
24 judicial system is for the avoidance of potential controversy
25 and the convenient codification of the powers of the system from
26 whatever source derived and shall not be construed as a
27 determination by the General Assembly that any of such powers
28 are or are not inherent in the Supreme Court or the other
29 agencies and units of the system under the Constitution of
30 Pennsylvania or otherwise.
19750S0935B1679 - 40 -
1 PART II
2 ORGANIZATION [OF JUDICIAL BRANCH]
3 Subpart
4 A. Courts and District Justices
5 B. Other Structural Provisions
6 SUBPART A
7 COURTS AND DISTRICT JUSTICES
8 Article
9 A. Preliminary Provisions
10 B. Appellate Courts
11 C. Courts of Common Pleas
12 D. Minor Courts
13 E. District Justices
14 ARTICLE A
15 PRELIMINARY PROVISIONS
16 Chapter
17 3. General Structure and Powers
18 CHAPTER 3
19 GENERAL STRUCTURE AND POWERS
20 Subchapter
21 A. Unified Judicial System
22 B. General Provisions Relating to Courts
23 SUBCHAPTER A
24 UNIFIED JUDICIAL SYSTEM
25 Sec.
26 301. Unified judicial system.
27 § 301. Unified judicial system.
28 The judicial power of the Commonwealth shall be vested in a
29 unified judicial system consisting of the:
30 (1) Supreme Court.
19750S0935B1679 - 41 -
1 (2) Superior Court.
2 (3) Commonwealth Court.
3 (4) Courts of common pleas.
4 (5) Community courts.
5 (6) Philadelphia Municipal Court.
6 (7) Pittsburgh Magistrates Court.
7 (8) Traffic Court of Philadelphia.
8 (9) District justices.
9 All courts and district justices and their jurisdiction shall be
10 in this unified judicial system.
11 SUBCHAPTER B
12 GENERAL PROVISIONS RELATING TO COURTS
13 Sec.
14 321. Court of record.
15 322. Seal.
16 323. Powers.
17 324. Sessions AND TERMS OF COURT. <--
18 325. Chief Justice and president judges.
19 326. Quorum.
20 327. Oaths and acknowledgments.
21 § 321. Court of record.
22 Except as otherwise provided in this subpart every court of
23 this Commonwealth shall be a court of record with all the
24 qualities and incidents of a court of record at common law.
25 § 322. Seal.
26 Each court of this Commonwealth shall have a seal engraved
27 with the name of the court and such other inscription as may be
28 specified by general rule or rule of court. A facsimile or
29 preprinted seal may be used for all purposes in lieu of the
30 original seal.
19750S0935B1679 - 42 -
1 § 323. Powers.
2 Every court shall have power to issue, under its judicial
3 seal, every lawful writ and process necessary or suitable for
4 the exercise of its jurisdiction and for the enforcement of any
5 order which it may make and all legal and equitable powers
6 required for or incidental to the exercise of its jurisdiction,
7 and, except as otherwise prescribed by general rules, every
8 court shall have power to make such rules and orders of court as
9 the interest of justice or the business of the court may
10 require.
11 § 324. Sessions AND TERMS OF COURT. <--
12 Each court shall be in session as often as its judges shall <--
13 deem necessary or proper. Except as otherwise prescribed by
14 general rule or rule of court EACH COURT SHALL BE IN SESSION AS <--
15 OFTEN AS ITS JUDGES SHALL DEEM NECESSARY OR PROPER AND there
16 shall be no terms of court. Each court shall always be open for
17 the transaction of judicial business and the court or any judge
18 shall have the same power in vacation to issue injunctions,
19 grant stays and enter other orders as they have while the court
20 is in session. The continued existence or expiration of a
21 session of a court in no way affects the power of a court to do
22 any act or take any proceeding.
23 § 325. Chief Justice and president judges.
24 (a) General rule.--The Chief Justice of Pennsylvania and the
25 president judges of all courts with seven or less judges shall
26 be the judge longest in continuous service on their respective
27 courts. In the event of his resignation from this position the
28 judge next longest in continuous service shall be the Chief
29 Justice of Pennsylvania or the president judge. Should any two
30 or more judges of the same court assume office at the same time,
19750S0935B1679 - 43 -
1 they shall cast lots forthwith for priority of commission, and
2 certify the results to the Governor who shall issue their
3 commissions accordingly.
4 (b) Courts of eight or more judges.--The president judges of
5 all courts with eight or more judges shall be selected for five-
6 year terms by the members of their respective courts. In the
7 event of a tie vote for the office of president judge, the
8 Supreme Court shall appoint as president judge one of the judges
9 receiving the highest number of votes.
10 (c) Traffic Court of Philadelphia.--Notwithstanding any
11 other provision of this section, the President Judge of the
12 Traffic Court of Philadelphia shall be appointed by the Governor
13 for a five-year term or at the pleasure of the Governor.
14 (d) Resignation and temporary inability.--The Chief Justice
15 of Pennsylvania or a president judge may resign such position
16 and remain a member of the court. If the Chief Justice or a
17 president judge is temporarily unable to perform his duties as
18 such, they shall be performed by the judge designated by or
19 pursuant to general rule.
20 (e) Powers of president judge.--Except as otherwise provided
21 or prescribed by this title, by general rule or by order of the
22 governing authority, the president judge of a court shall:
23 (1) Be the executive and administrative head of the
24 court, supervise the judicial business of the court,
25 promulgate all administrative rules and regulations, make all
26 judicial assignments, and assign and reassign among the
27 personnel of the court available chambers and other physical
28 facilities.
29 (2) Exercise the powers of the court under section
30 2301(a)(2) (relating to appointment of personnel).
19750S0935B1679 - 44 -
1 § 326. Quorum.
2 (a) Supreme Court.--A majority of the Supreme Court shall be
3 a quorum of the court.
4 (b) Other courts.--The quorum requisite to hold a session of
5 any other court shall be specified by general rule. or rule of <--
6 court.
7 (c) Inability to assemble quorum.--Where by reason of
8 vacancy, illness, disqualification or otherwise it is impossible
9 to assemble a quorum of a court at the time and place
10 appropriate therefor, sufficient judges shall be temporarily
11 assigned to the court to permit the court to hold a duly
12 convened session and transact the business of the court.
13 (d) Court en banc.--The composition of a court en banc shall
14 be as specified by general rules.
15 § 327. Oaths and acknowledgments.
16 Each judicial officer, each clerk of court, and such other
17 system and related personnel and jurors as may be designated by
18 or pursuant to general rules may administer oaths and
19 affirmations and take acknowledgments.
20 ARTICLE B
21 APPELLATE COURTS
22 Chapter
23 5. Organization of Appellate Courts
24 7. Jurisdiction of Appellate Courts
25 CHAPTER 5
26 ORGANIZATION OF APPELLATE COURTS
27 Subchapter
28 A. Supreme Court of Pennsylvania
29 B. Superior Court of Pennsylvania
30 C. Commonwealth Court of Pennsylvania
19750S0935B1679 - 45 -
1 SUBCHAPTER A
2 SUPREME COURT OF PENNSYLVANIA
3 Sec.
4 501. Supreme Court.
5 502. General powers of Supreme Court.
6 503. Reassignment of matters.
7 504. Seat of court.
8 § 501. Supreme Court.
9 The Supreme Court of Pennsylvania shall consist of the Chief
10 Justice of Pennsylvania and six associate justices. The court
11 shall be the highest court of this Commonwealth and in it shall
12 be reposed the supreme judicial power of the Commonwealth.
13 § 502. General powers of Supreme Court.
14 The Supreme Court shall have and exercise the powers vested
15 in it by the Constitution of Pennsylvania, including the power
16 generally to minister justice to all persons and to exercise the
17 powers of the court, as fully and amply, to all intents and
18 purposes, as the justices of the Court of King's Bench, Common
19 Pleas and Exchequer, at Westminster, or any of them, could or
20 might do on May 22, 1722. The Supreme Court shall also have and
21 exercise the following powers:
22 (1) All powers necessary or appropriate in aid of its
23 original and appellate jurisdiction which are agreeable to
24 the usages and principles of law.
25 (2) The powers vested in it by statute, including the
26 provisions of this title.
27 § 503. Reassignment of matters.
28 The Supreme Court may by general rule provide for the
29 assignment and reassignment of classes of matters among the
30 several courts of this Commonwealth and the district justices as
19750S0935B1679 - 46 -
1 the needs of justice shall require and all laws shall be
2 suspended to the extent that they are inconsistent with such
3 general rules. Such rules shall be reported to the General
4 Assembly by the Chief Justice at or after the beginning of a
5 regular session thereof but not later than the first day of May.
6 Such rules shall take effect upon the expiration of 90 days
7 after they have been thus reported unless the General Assembly,
8 by the adoption of a concurrent resolution, signifies its
9 legislative intent to the contrary.
10 § 504. Seat of court.
11 The regular sessions of the Supreme Court shall be held in
12 the facility specified in section 3701 (relating to Pennsylvania
13 Judicial Center) and elsewhere as prescribed by general rule or
14 rule of court.
15 SUBCHAPTER B
16 SUPERIOR COURT OF PENNSYLVANIA
17 Sec.
18 541. Superior Court.
19 542. Powers of Superior Court.
20 543. Seat of court.
21 § 541. Superior Court.
22 The Superior Court of Pennsylvania shall consist of seven
23 judges.
24 § 542. Powers of Superior Court.
25 The Superior Court shall have all powers necessary or
26 appropriate in aid of its jurisdiction which are agreeable to
27 the usages and principles of law.
28 § 543. Seat of court.
29 The regular sessions of the Superior Court shall be held at
30 the cities of Harrisburg, Philadelphia and Pittsburgh and
19750S0935B1679 - 47 -
1 elsewhere as prescribed by general rule or rule of court.
2 SUBCHAPTER C
3 COMMONWEALTH COURT OF PENNSYLVANIA
4 Sec.
5 561. Commonwealth Court.
6 562. Powers of Commonwealth Court.
7 563. Seat of court.
8 564. Evidentiary hearings.
9 § 561. Commonwealth Court.
10 The Commonwealth Court of Pennsylvania shall consist of seven
11 judges.
12 § 562. Powers of Commonwealth Court.
13 The Commonwealth Court shall have power to issue, under its
14 judicial seal, every lawful writ and process necessary or
15 suitable for the exercise of its jurisdiction and for the
16 enforcement of any order which it may make, including such writs
17 and process to or to be served or enforced by system and related
18 personnel as the courts of common pleas are authorized by law or
19 usage to issue. The court shall also have all powers of a court
20 of record possessed by the courts of common pleas and all powers
21 necessary or appropriate in aid of its appellate jurisdiction
22 which are agreeable to the usages and principles of law.
23 § 563. Seat of court.
24 (a) Regular sessions.--The regular sessions of the
25 Commonwealth Court shall be held at the seat of government and
26 elsewhere as provided in subsection (b). Each judge shall be
27 provided with suitable chambers and other facilities at the seat
28 of government. The intention of this provision is to render the
29 court and the judges thereof as available, except as provided in
30 subsection (b) or as otherwise provided in this title, at the
19750S0935B1679 - 48 -
1 seat of government for the conduct of routine and emergency
2 judicial business as would be the case if the jurisdiction of
3 the court were exercised by the Court of Common Pleas of Dauphin
4 County.
5 (b) Other sessions.--Within the limits of available
6 appropriations, special sessions of the court may be held from
7 time to time for the convenience of parties or witnesses, or
8 both, in the interest of justice, in such judicial districts of
9 this Commonwealth as make available without cost to the
10 Commonwealth suitable courtroom and related physical facilities.
11 The court shall also sit in the cities of Philadelphia and
12 Pittsburgh.
13 § 564. Evidentiary hearings.
14 In any matter which requires the taking of testimony, the
15 President Judge of the Commonwealth Court may assign a judge of
16 the court, or another judge temporarily assigned to the court
17 pursuant to section 4121 (relating to temporary assignment of
18 judges), to sit and receive the evidence, and perform such other
19 duties as may be prescribed by rule or order of court.
20 CHAPTER 7
21 JURISDICTION OF APPELLATE COURTS
22 Subchapter
23 A. General Provisions
24 B. Jurisdiction of Supreme Court
25 C. Jurisdiction of Superior Court
26 D. Jurisdiction of Commonwealth Court.
27 SUBCHAPTER A
28 GENERAL PROVISIONS
29 Sec.
30 701. Scope of subchapter.
19750S0935B1679 - 49 -
1 702. Interlocutory orders.
2 703. Place and form of filing appeals.
3 704. Waiver of objections to jurisdiction.
4 705. Transfers between intermediate appellate courts.
5 706. Disposition of appeals.
6 707. Lien of judgments.
7 708. Improvident administrative appeals and other matters.
8 § 701. Scope of subchapter.
9 (a) General rule.--The provisions of this subchapter shall
10 apply to all courts of this Commonwealth, including the courts
11 of common pleas when sitting as appellate courts.
12 (b) Reassignment of matters.--Any of the provisions of
13 Subchapter B (relating to jurisdiction of Supreme Court),
14 Subchapter C (relating to jurisdiction of Superior Court) and
15 Subchapter D (relating to jurisdiction of Commonwealth Court)
16 shall be subject to and superseded by any inconsistent
17 provisions of any general rule adopted pursuant to section 503
18 (relating to reassignment of matters).
19 § 702. Interlocutory orders.
20 (a) Appeals authorized by law.--Except as otherwise
21 prescribed by any general rule adopted pursuant to section 503
22 (relating to reassignment of matters) an appeal authorized by
23 law from an interlocutory order in a matter shall be taken to
24 the appellate court having jurisdiction of final orders in such
25 matter.
26 (b) Discretionary allowance of appeals INTERLOCUTORY APPEALS <--
27 BY PERMISSION.__When a court or administrative agency OTHER <--
28 GOVERNMENT UNIT, in making an interlocutory order in a matter in
29 which its final order would be within the jurisdiction of an
30 appellate court, shall be of the opinion that such order
19750S0935B1679 - 50 -
1 involves a controlling question of law as to which there is
2 substantial ground for difference of opinion and that an
3 immediate appeal from the order may materially advance the
4 ultimate termination of the matter, it shall so state in such
5 order. The appellate court may thereupon, in its discretion,
6 permit an appeal to be taken from such order. Except as
7 otherwise prescribed by general rule, a petition for permission
8 to appeal under this subsection shall not stay the proceedings
9 before the lower court or administrative agency OTHER GOVERNMENT <--
10 UNIT, unless the lower court or agency OTHER GOVERNMENT UNIT or <--
11 the appellate court or a judge thereof shall so order.
12 § 703. Place and form of filing appeals.
13 Appeals, PETITIONS FOR REVIEW, petitions for permission to <--
14 appeal and petitions for allowance of appeal shall be filed in
15 such office and in such form as may be prescribed by general
16 rule. or rule of court. <--
17 § 704. Waiver of objections to jurisdiction.
18 (A) GENERAL RULE.--The failure of an appellee to file an <--
19 objection to the jurisdiction of an appellate court on or prior <--
20 to the hearing of the appeal, or within such earlier WITHIN SUCH <--
21 time as may be specified by general rule or rule of court, <--
22 shall, unless the appellate court shall otherwise order, <--
23 OTHERWISE ORDERS, operate to perfect the appellate jurisdiction <--
24 of such appellate court, notwithstanding any provision of this
25 title, or of any general rule adopted pursuant to section 503
26 (relating to reassignment of matters), vesting jurisdiction of
27 such appeal in another appellate court.
28 (B) EXCEPTION.--SUBSECTION (A) SHALL NOT APPLY TO ANY DEFECT <--
29 IN THE JURISDICTION OF AN APPELLATE COURT WHICH ARISES OUT OF:
30 (1) THE FAILURE TO EFFECT A FILING WITHIN THE TIME
19750S0935B1679 - 51 -
1 PROVIDED OR PRESCRIBED BY LAW.
2 (2) AN ATTEMPT TO TAKE AN APPEAL FROM AN INTERLOCUTORY
3 ORDER WHICH HAS NOT BEEN MADE APPEALABLE BY LAW OR PURSUANT
4 TO SECTION 702(B) (RELATING TO INTERLOCUTORY APPEALS BY
5 PERMISSION).
6 § 705. Transfers between intermediate appellate courts.
7 The Superior Court and the Commonwealth Court shall have
8 power pursuant to general rules, on their own motion or upon
9 petition of any party, to transfer any appeal to the other court
10 for consideration and decision with any matter pending in such
11 other court involving the same or related questions of fact, law
12 or discretion.
13 § 706. Disposition of appeals.
14 An appellate court may affirm, modify, vacate, set aside or
15 reverse any order brought before it for review, and may remand
16 the matter and direct the entry of such appropriate order, or
17 require such further proceedings to be had as may be just under
18 the circumstances.
19 § 707. Lien of judgments.
20 Any judgment or other order of the Supreme Court, the
21 Superior Court or the Commonwealth Court for the payment of
22 money shall not be a lien upon real property in any county until
23 it is entered of record in the office of the clerk of the court
24 of common pleas of the county where the property is situated, or
25 in the office of the clerk of the branch of the court of common
26 pleas embracing such county, in the same manner as a judgment
27 transferred from the court of common pleas of another county.
28 § 708. Improvident administrative appeals and other matters.
29 (a) General rule.--No objection to A governmental acts <--
30 DETERMINATION shall be defeated by reason of error in the form <--
19750S0935B1679 - 52 -
1 of the objection or the office of clerk of court in which the
2 objection is filed.
3 (b) Appeals.--If an appeal is improvidently taken to a court
4 under any provision of law from the acts DETERMINATION of a <--
5 government unit where the proper mode of relief is an action in
6 the nature of equity, mandamus, prohibition, quo warranto or
7 otherwise, this alone shall not be a ground for dismissal, but
8 the papers whereon the appeal was taken shall be regarded and
9 acted on as a complaint or other proper process commenced
10 against the government unit or the persons for the time being
11 conducting its affairs and as if filed at the time the appeal
12 was taken.
13 (c) Other matters.--If a complaint in the nature of equity,
14 mandamus, prohibition, quo warranto or other original process is
15 commenced in any court against a government unit or one or more
16 of the persons for the time being conducting its affairs, as
17 such, objecting to A governmental acts DETERMINATION by any of <--
18 them, where the proper mode of relief is an appeal from the
19 action DETERMINATION of the government unit, this alone shall <--
20 not be a ground for dismissal, but the papers whereon the
21 process against the government unit or any of such persons was
22 commenced shall be regarded and acted on as an appeal from such
23 acts DETERMINATION of the government unit and as if filed at the <--
24 time such process was commenced.
25 (d) Place of filing.--Section 5103 (relating to transfer of
26 erroneously filed matters) shall also be applicable to an appeal
27 or other matter which is deemed to be filed or commenced under
28 any provision of this section.
29 SUBCHAPTER B
30 JURISDICTION OF SUPREME COURT
19750S0935B1679 - 53 -
1 Sec.
2 721. Original jurisdiction.
3 722. Direct appeals from courts of common pleas.
4 723. Appeals from the Commonwealth Court.
5 724. Allowance of appeals from Superior and Commonwealth
6 Courts.
7 725. Direct appeals from constitutional and judicial agencies.
8 726. Extraordinary jurisdiction.
9 § 721. Original jurisdiction.
10 The Supreme Court shall have original but not exclusive
11 jurisdiction of all cases of:
12 (1) Habeas corpus.
13 (2) Mandamus or prohibition to courts of inferior
14 jurisdiction.
15 (3) Quo warranto as to any officer of Statewide
16 jurisdiction.
17 § 722. Direct appeals from courts of common pleas.
18 The Supreme Court shall have exclusive jurisdiction of
19 appeals from final orders of the courts of common pleas in the
20 following classes of cases:
21 (1) Felonious homicide.
22 (2) The right to public office.
23 (3) Matters decided in the orphans' court division.
24 (4) Direct criminal contempt in the courts of common
25 pleas and other contempt proceedings in the courts of common
26 pleas relating to orders which are appealable directly to the
27 Supreme Court.
28 (5) Supersession of a district attorney by an Attorney
29 General or by a court.
30 (6) Matters where the right or power of the Commonwealth
19750S0935B1679 - 54 -
1 or any political subdivision to create or issue indebtedness
2 is drawn in direct question.
3 (7) Matters where the court of common pleas has held
4 invalid as repugnant to the Constitution, treaties or laws of
5 the United States, or to the Constitution of this
6 Commonwealth, any treaty or law of the United States or any
7 provision of the Constitution of, or of any statute of, this
8 Commonwealth, or any provision of any home rule charter.
9 § 723. Appeals from the Commonwealth Court.
10 The Supreme Court shall have exclusive jurisdiction of
11 appeals from all final orders of the Commonwealth Court entered <--
12 in any matter which was originally commenced in said court and
13 which does not constitute an appeal from another court, an <--
14 administrative agency or a district justice OR ANOTHER <--
15 GOVERNMENT UNIT. Any final order of the Commonwealth Court
16 entered in any appeal from a decision of the Board of Finance
17 and Revenue shall be appealable to the Supreme Court, as of
18 right, under this section.
19 § 724. Allowance of appeals from Superior and Commonwealth
20 Courts.
21 (a) General rule.--Final orders of the Superior Court and
22 final orders of the Commonwealth Court not appealable under
23 section 723 (relating to appeals from Commonwealth Court) may be
24 reviewed by the Supreme Court upon allowance of appeal by any
25 two justices of the Supreme Court upon petition of any party to
26 the matter. If the petition shall be granted, the Supreme Court
27 shall have jurisdiction to review the order in the manner
28 provided by section 5105(d)(1) (relating to scope of appeal).
29 (b) Improvident appeals.--If an appeal is improvidently
30 taken to the Supreme Court under section 723 (relating to
19750S0935B1679 - 55 -
1 appeals from Commonwealth Court) in a case where the proper mode
2 of review is by petition for allowance of appeal under this
3 section, this alone shall not be a ground for dismissal, but the
4 papers whereon the appeal was taken shall be regarded and acted
5 on as a petition for allowance of appeal and as if duly filed at
6 the time the appeal was taken.
7 § 725. Direct appeals from constitutional and judicial
8 agencies.
9 The Supreme Court shall have exclusive jurisdiction of
10 appeals from final orders of the following constitutional and
11 judicial agencies:
12 (1) Legislative Reapportionment Commission.
13 (2) Judicial Inquiry and Review Board.
14 (3) The agency vested with the power to determine
15 whether those members of the minor judiciary required to do
16 so have completed a course of training and instruction in the
17 duties of their respective offices and passed an examination.
18 (4) The agency vested with the power to admit persons to
19 the bar and the practice of law.
20 (5) The agency vested with the power to discipline or
21 remove from office attorneys-at-law.
22 (6) Any other judicial agency established by general
23 rules providing for a direct appeal to the Supreme Court.
24 § 726. Extraordinary jurisdiction.
25 Notwithstanding any other provision of law, the Supreme Court
26 may, on its own motion or upon petition of any party, in any
27 matter pending before any court or district justice of this
28 Commonwealth involving an issue of immediate public importance,
29 assume plenary jurisdiction of such matter at any stage thereof
30 and enter a final order or otherwise cause right and justice to
19750S0935B1679 - 56 -
1 be done.
2 SUBCHAPTER C
3 JURISDICTION OF SUPERIOR COURT
4 Sec.
5 741. Original jurisdiction.
6 742. Appeals from courts of common pleas.
7 § 741. Original jurisdiction.
8 The Superior Court shall have no original jurisdiction,
9 except in actions CASES of mandamus and prohibition to courts of <--
10 inferior jurisdiction where such actions are RELIEF IS ancillary <--
11 to matters within its appellate jurisdiction, and except that
12 it, or any judge thereof, shall have full power and authority
13 when and as often as there may be occasion, to issue writs of
14 habeas corpus under like conditions returnable to the said
15 court.
16 § 742. Appeals from courts of common pleas.
17 The Superior Court shall have exclusive appellate
18 jurisdiction of all appeals from final orders of the courts of
19 common pleas, regardless of the nature of the controversy or the
20 amount involved, except such classes of appeals as are by any
21 provision of this chapter within the exclusive jurisdiction of
22 the Supreme Court or the Commonwealth Court.
23 SUBCHAPTER D
24 JURISDICTION OF COMMONWEALTH COURT
25 Sec.
26 761. Original jurisdiction.
27 762. Appeals from courts of common pleas.
28 763. Direct appeals from administrative agencies.
29 § 761. Original jurisdiction.
30 (a) General rule.--The Commonwealth Court shall have
19750S0935B1679 - 57 -
1 original jurisdiction of all civil actions or proceedings:
2 (1) Against the Commonwealth or any officer thereof,
3 acting in his official capacity, except:
4 (i) actions or proceedings in the nature of
5 applications for a writ of habeas corpus or post-
6 conviction relief not ancillary to proceedings within the
7 appellate jurisdiction of the court; and
8 (ii) eminent domain proceedings.
9 (2) By the Commonwealth or any officer thereof, acting
10 in his official capacity, except eminent domain proceedings.
11 (3) Original jurisdiction of which is vested in the
12 Commonwealth Court by any statute hereafter enacted.
13 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
14 of the Commonwealth Court under subsection (a) shall be
15 exclusive except as provided in section 721 (relating to
16 original jurisdiction) and except with respect to actions or
17 proceedings by the Commonwealth or any officer thereof, acting
18 in his official capacity, where the jurisdiction of the court
19 shall be concurrent with the several courts of common pleas.
20 (c) No waiver of sovereign immunity.--The provisions of
21 subsection (a)(1) relating to actions or proceedings against the
22 Commonwealth shall not be construed as a waiver by the
23 Commonwealth of immunity to suit.
24 (d) Ancillary matters.--The Commonwealth Court shall have
25 original jurisdiction in actions CASES of mandamus and <--
26 prohibition to courts of inferior jurisdiction AND OTHER <--
27 GOVERNMENT UNITS where such actions are RELIEF IS ancillary to <--
28 matters within its appellate jurisdiction, and it, or any judge
29 thereof, shall have full power and authority when and as often
30 as there may be occasion, to issue writs of habeas corpus under
19750S0935B1679 - 58 -
1 like conditions returnable to the said court. TO THE EXTENT <--
2 PRESCRIBED BY GENERAL RULE THE COMMONWEALTH COURT SHALL HAVE
3 ANCILLARY JURISDICTION OVER ANY CLAIM OR OTHER MATTER WHICH IS
4 RELATED TO A CLAIM OR OTHER MATTER OTHERWISE WITHIN ITS
5 EXCLUSIVE ORIGINAL JURISDICTION.
6 § 762. Appeals from courts of common pleas.
7 The Commonwealth Court shall have exclusive jurisdiction of
8 appeals from final orders of the courts of common pleas in any
9 of the following cases, except such classes of appeals as are by
10 section 722 (relating to direct appeals from courts of common
11 pleas) within the exclusive jurisdiction of the Supreme Court:
12 (1) Commonwealth civil cases.--All civil actions or
13 proceedings to which the Commonwealth or any officer thereof,
14 acting in his official capacity, is a party, except actions
15 or proceedings in the nature of applications for a writ of
16 habeas corpus or post-conviction relief not ancillary to
17 proceedings within the appellate jurisdiction of the court.
18 (2) Governmental and Commonwealth regulatory criminal
19 cases.--All criminal actions or proceedings for the violation
20 of any:
21 (i) Rule, regulation or order of any Commonwealth
22 agency.
23 (ii) Regulatory statute administered by any
24 Commonwealth agency subject to the act of June 4, 1945
25 (P.L.1388, No.442), known as the "Administrative Agency
26 Law." The term "regulatory statute" as used in this
27 subparagraph does not include any provision of Title 18
28 (relating to crimes and offenses).
29 (3) Secondary review of certain appeals from
30 Commonwealth agencies.--All appeals from Commonwealth
19750S0935B1679 - 59 -
1 agencies which may be taken initially to the courts of common
2 pleas by reason of one of the exceptions set forth in section
3 763(1) (relating to direct appeals from administrative
4 agencies).
5 (4) Local government civil and criminal matters.--
6 (i) All actions or proceedings arising under any
7 municipality, institution district, public school,
8 planning or zoning code or under which a municipality or
9 other political subdivision or municipality authority may
10 be formed or incorporated or where is drawn in question
11 the application, interpretation or enforcement of any:
12 (A) statute regulating the affairs of political
13 subdivisions, municipality and other local
14 authorities or other public corporations or of the
15 officers, employes or agents thereof, acting in their
16 official capacity; or
17 (B) home rule charter or local ordinance or
18 resolution.
19 (ii) All appeals from government agencies under the
20 act of December 2, 1968 (P.L.1133, No.353), known as the
21 "Local Agency Law," or otherwise.
22 (5) Certain private corporation matters.--
23 (i) All actions or proceedings relating to
24 corporations not-for-profit arising under Title 15
25 (relating to corporations and unincorporated
26 associations) or where is drawn in question the
27 application, interpretation or enforcement of any
28 provision of the Constitution, treaties or laws of the
29 United States, or the Constitution of Pennsylvania or any
30 statute, regulating in any such case the corporate
19750S0935B1679 - 60 -
1 affairs of any corporation not-for-profit subject to
2 Title 15 or the affairs of the members, security holders,
3 directors, officers, employees or agents thereof, as
4 such.
5 (ii) All actions or proceedings otherwise involving
6 the corporate affairs of any corporation not-for-profit
7 subject to Title 15 or the affairs of the members,
8 security holders, directors, officers, or employees or
9 agents thereof, as such.
10 (6) Eminent domain.--All eminent domain proceedings or
11 where is drawn in question the power or right of the
12 acquiring agency to appropriate the condemned property or to
13 use it for the purpose condemned or otherwise.
14 § 763. Direct appeals from administrative agencies.
15 (A) GENERAL RULE.--The Commonwealth Court shall have <--
16 exclusive jurisdiction of appeals from final orders of
17 government agencies in the following cases, except such classes
18 of appeals as are by section 725 (relating to direct appeals
19 from constitutional and judicial agencies) within the exclusive
20 jurisdiction of the Supreme Court:
21 (1) All appeals from Commonwealth agencies under the act
22 of June 4, 1945 (P.L.1388, No.442), known as the
23 "Administrative Agency Law," or otherwise and including
24 appeals from the Pennsylvania Labor Relations ENVIRONMENTAL <--
25 HEARING Board, the Pennsylvania Public Utility Commission,
26 the Unemployment Compensation Board of Review and from any
27 Commonwealth agency having statewide jurisdiction except
28 matters:
29 (i) Relating to official inspection station
30 certificates of appointment and the privilege of
19750S0935B1679 - 61 -
1 operating motor vehicles or tractors, including the
2 revocation or suspension of such privileges and matters
3 relating thereto.
4 (ii) Authorized by the act of April 12, 1951
5 (P.L.90, No.21), known as the "Liquor Code," to be
6 appealed to the courts of common pleas.
7 (iii) Concerning birth records authorized by statute
8 to be appealed to the courts of common pleas.
9 (iv) Authorized by the act of June 15, 1961
10 (P.L.373, No.207), known as the "Inheritance and Estate
11 Tax Act of 1961," or by any predecessor statute to be
12 appealed to the courts of common pleas.
13 (v) Authorized by the act of June 21, 1939 (P.L.566,
14 No.284), known as "The Pennsylvania Occupational Disease
15 Act," to be appealed to the courts of common pleas.
16 (vi) Authorized by the act of July 23, 1970
17 (P.L.563, No.195), known as the "Public Employe Relations
18 Act," to be appealed to the courts of common pleas.
19 (2) All appeals jurisdiction of which is vested in the
20 Commonwealth Court by any statute hereafter enacted.
21 (B) AWARDS OF ARBITRATORS.--THE COMMONWEALTH COURT SHALL <--
22 HAVE EXCLUSIVE JURISDICTION OF ALL PETITIONS FOR REVIEW OF AN
23 AWARD OF ARBITRATORS APPOINTED IN CONFORMITY WITH STATUTE TO
24 ARBITRATE A DISPUTE BETWEEN THE COMMONWEALTH AND AN EMPLOYEE OF
25 THE COMMONWEALTH. THE PETITION FOR REVIEW SHALL BE DEEMED AN
26 APPEAL FROM A GOVERNMENT UNIT FOR THE PURPOSES OF SECTION 723
27 (RELATING TO APPEALS FROM THE COMMONWEALTH COURT) AND CHAPTER 55
28 (RELATING TO LIMITATION OF TIME).
29 ARTICLE C
30 COURTS OF COMMON PLEAS
19750S0935B1679 - 62 -
1 Chapter
2 9. Organization and Jurisdiction of Courts of Common Pleas
3 CHAPTER 9
4 ORGANIZATION AND JURISDICTION OF COURTS OF COMMON PLEAS
5 Subchapter
6 A. Judicial Districts
7 B. Organization of Courts of Common Pleas
8 C. Court Divisions
9 D. Jurisdiction of Courts of Common Pleas
10 SUBCHAPTER A
11 JUDICIAL DISTRICTS
12 Sec.
13 901. Judicial districts.
14 § 901. Judicial districts.
15 (a) General rule.--The Commonwealth is divided into 59
16 judicial districts, numbered and composed as follows:
17 First.--City and County of Philadelphia.
18 Second.--County of Lancaster.
19 Third.--County of Northampton.
20 Fourth.--County of Tioga.
21 Fifth.--County of Allegheny.
22 Sixth.--County of Erie.
23 Seventh.--County of Bucks.
24 Eighth.--County of Northumberland
25 Ninth.--County of Cumberland.
26 Tenth.--County of Westmoreland.
27 Eleventh.--County of Luzerne.
28 Twelfth.--County of Dauphin.
29 Thirteenth.--County of Greene.
30 Fourteenth.--County of Fayette.
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1 Fifteenth.--County of Chester.
2 Sixteenth.--County of Somerset.
3 Seventeenth.--Counties of Snyder and Union.
4 Eighteenth.--County of Clarion.
5 Nineteenth.--County of York.
6 Twentieth.--County of Huntingdon.
7 Twenty-first.--County of Schuylkill.
8 Twenty-second.--County of Wayne.
9 Twenty-third.--County of Berks.
10 Twenty-fourth.--County of Blair.
11 Twenty-fifth.--County of Clinton.
12 Twenty-sixth.--Counties of Columbia and Montour.
13 Twenty-seventh.--County of Washington.
14 Twenty-eighth.--County of Venango.
15 Twenty-ninth.--County of Lycoming.
16 Thirtieth.--County of Crawford.
17 Thirty-first.--County of Lehigh.
18 Thirty-second.--County of Delaware.
19 Thirty-third.--County of Armstrong.
20 Thirty-fourth.--County of Susquehanna.
21 Thirty-fifth.--County of Mercer.
22 Thirty-sixth.--County of Beaver.
23 Thirty-seventh.--Counties of Forest and Warren.
24 Thirty-eighth.--County of Montgomery.
25 Thirty-ninth.--Counties of Franklin and Fulton.
26 Fortieth.--County of Indiana.
27 Forty-first.--Counties of Juniata and Perry.
28 Forty-second.--County of Bradford.
29 Forty-third.--Counties of Monroe and Pike.
30 Forty-fourth.--Counties of Sullivan and Wyoming.
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1 Forty-fifth.--County of Lackawanna.
2 Forty-sixth.--County of Clearfield.
3 Forty-seventh.--County of Cambria.
4 Forty-eighth.--County of McKean.
5 Forty-ninth.--County of Centre.
6 Fiftieth.--County of Butler.
7 Fifty-first.--County of Adams.
8 Fifty-second.--County of Lebanon.
9 Fifty-third.--County of Lawrence.
10 Fifty-fourth.--County of Jefferson.
11 Fifty-fifth.--County of Potter.
12 Fifty-sixth.--County of Carbon.
13 Fifty-seventh.--County of Bedford.
14 Fifty-eighth.--County of Mifflin.
15 Fifty-ninth.--Counties of Cameron and Elk.
16 (b) Change in number or boundaries.--Except as otherwise
17 provided therein, any statute amending subsection (a) so as to
18 change the number or boundaries of the judicial districts of
19 this Commonwealth shall take effect 30 days after the entry of
20 an order of the Supreme Court evidencing the advice and consent
21 of the court to the amendment pursuant to section 11 of Article
22 V of the Constitution of Pennsylvania.
23 SUBCHAPTER B
24 ORGANIZATION OF COURTS OF COMMON PLEAS
25 Sec.
26 911. Courts of common pleas.
27 912. Powers of courts of common pleas.
28 913. Seats of courts.
29 § 911. Courts of common pleas.
30 (a) General rule.--There shall be one court of common pleas
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1 for each judicial district of this Commonwealth consisting of
2 the following number of judges:
3 Number of
4 Judicial District Judges
5 First 81
6 Second 4
7 Third 4
8 Fourth 1
9 Fifth 39
10 Sixth 5
11 Seventh 9
12 Eighth 2
13 Ninth 2
14 Tenth 6
15 Eleventh 7
16 Twelfth 6
17 Thirteenth 1
18 Fourteenth 4
19 Fifteenth 6
20 Sixteenth 2
21 Seventeenth 1
22 Eighteenth 1
23 Nineteenth 5
24 Twentieth 1
25 Twenty-first 5
26 Twenty-second 1
27 Twenty-third 5
28 Twenty-fourth 2
29 Twenty-fifth 1
30 Twenty-sixth 1
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1 Twenty-seventh 5
2 Twenty-eighth 1
3 Twenty-ninth 2
4 Thirtieth 2
5 Thirty-first 5
6 Thirty-second 12
7 Thirty-third 1
8 Thirty-fourth 1
9 Thirty-fifth 2
10 Thirty-sixth 5
11 Thirty-seventh 1
12 Thirty-eighth 12
13 Thirty-ninth 2
14 Fortieth 2
15 Forty-first 1
16 Forty-second 1
17 Forty-third 2
18 Forty-fourth 1
19 Forty-fifth 5
20 Forty-sixth 1
21 Forty-seventh 4
22 Forty-eighth 1
23 Forty-ninth 1
24 Fiftieth 2
25 Fifty-first 1
26 Fifty-second 2
27 Fifty-third 2
28 Fifty-fourth 1
29 Fifty-fifth 1
30 Fifty-sixth 1
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1 Fifty-seventh 1
2 Fifty-eighth 1
3 Fifty-ninth 1
4 (b) Single county districts.--In single county judicial
5 districts the court of common pleas of the district shall be
6 known as the "Court of Common Pleas of (the respective) County."
7 (c) Multi-county districts.--In multi-county judicial
8 districts the court of common pleas of the district shall be
9 known as the "Court of Common Pleas of the (respective) Judicial
10 District." Except as otherwise provided or prescribed by law,
11 there shall be a separate branch of the court in each county
12 comprising the judicial district.
13 § 912. Powers of courts of common pleas.
14 Every court of common pleas shall have power to issue, under
15 its judicial seal, every lawful writ and process to or to be
16 served or enforced by system and related personnel as such
17 courts have been heretofore authorized by law or usage to issue.
18 Every judge of a court of common pleas shall have all the powers
19 of a judge or district justice of the minor judiciary.
20 § 913. Seats of courts.
21 The regular sessions of each court of common pleas shall be
22 held at the county seat of each county comprising the judicial
23 district and elsewhere as prescribed by general rule or rule of
24 court.
25 SUBCHAPTER C
26 JURISDICTION OF COURTS OF COMMON PLEAS
27 Sec.
28 931. Original jurisdiction and venue.
29 932. Appeals from minor judiciary.
30 933. Appeals from administrative agencies.
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1 934. Writs of certiorari.
2 § 931. Original jurisdiction and venue.
3 (a) General rule.--Except where exclusive original
4 jurisdiction of an action or proceeding is by law vested in
5 another court of this Commonwealth, the courts of common pleas
6 shall have unlimited original jurisdiction of all actions and
7 proceedings, including all actions and proceedings heretofore
8 cognizable by law or usage in the courts of common pleas.
9 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
10 of the courts of common pleas under this section shall be
11 exclusive except with respect to actions and proceedings
12 concurrent jurisdiction of which is by law vested in another
13 court of this Commonwealth or in the district justices.
14 (c) Venue and process.--The venue of a court of common pleas
15 concerning matters over which jurisdiction is conferred by this
16 section shall be as prescribed by general rule. The process of
17 the court shall extend beyond the territorial limits of the
18 judicial district to the extent prescribed by general rule.
19 § 932. Appeals from minor judiciary.
20 Except as otherwise prescribed by any general rule adopted
21 pursuant to section 503 (relating to reassignment of matters),
22 each court of common pleas shall have exclusive jurisdiction of
23 appeals from final orders of the minor judiciary established
24 within the judicial district.
25 § 933. Appeals from administrative agencies.
26 (a) General rule.--Except as otherwise prescribed by any
27 general rule adopted pursuant to section 503 (relating to
28 reassignment of matters), each court of common pleas shall have
29 jurisdiction of all appeals from final orders of government <--
30 agencies in any of the following cases: <--
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1 (1) APPEALS FROM Commonwealth agencies which may be <--
2 taken initially to the court of common pleas of the judicial
3 district by reason of one of the exceptions set forth in
4 section 763(1) of this title (relating to direct appeals from <--
5 administrative agencies).
6 (2) Government APPEALS FROM GOVERNMENT agencies, except <--
7 Commonwealth agencies, under the act of December 2, 1968
8 (P.L.1133, No.353), known as the "Local Agency Law," or
9 otherwise.
10 (B) AWARDS OF ARBITRATORS.--EXCEPT AS OTHERWISE PRESCRIBED <--
11 BY ANY GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
12 REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE
13 JURISDICTION OF PETITIONS FOR REVIEW OF AN AWARD OF ARBITRATORS
14 APPOINTED IN CONFORMITY WITH STATUTE TO ARBITRATE A DISPUTE
15 BETWEEN A GOVERNMENT AGENCY, EXCEPT A COMMONWEALTH AGENCY, AND
16 AN EMPLOYEE OF SUCH AGENCY. THE APPLICATION SHALL BE DEEMED AN
17 APPEAL FROM A GOVERNMENT UNIT FOR THE PURPOSES OF SECTION 762(4)
18 (RELATING TO APPEALS FROM COURTS OF COMMON PLEAS) AND CHAPTER 55
19 (RELATING TO LIMITATION OF TIME).
20 (b) (C) Concurrent and exclusive jurisdiction.--Except as <--
21 otherwise provided or prescribed by law, the jurisdiction of a
22 court of common pleas of a judicial district under this section
23 shall be exclusive as to a government agency which has
24 jurisdiction only within such judicial district, and shall be
25 concurrent with the courts of common pleas of all judicial
26 districts in which the government agency has jurisdiction where
27 such agency has jurisdiction in more than one judicial district.
28 § 934. Writs of certiorari.
29 Unless and until changed by general rule, the judges of the
30 courts of common pleas, within their respective judicial
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1 districts, shall have power, in addition to the right of appeal
2 under section 9 of Article V of the Constitution of
3 Pennsylvania, to issue writs of certiorari to the minor
4 judiciary.
5 SUBCHAPTER D
6 COURT DIVISIONS
7 Sec.
8 951. Court divisions.
9 952. Status of court divisions.
10 953. Administrative judges of divisions.
11 § 951. Court divisions.
12 (a) Philadelphia County.--The Court of Common Pleas of
13 Philadelphia County shall have the following divisions:
14 (1) Trial division.
15 (2) Orphans' court division.
16 (3) Family court division.
17 (b) Allegheny County.--The Court of Common Pleas of
18 Allegheny County shall have the following divisions:
19 (1) Civil division.
20 (2) Criminal division.
21 (3) Orphans' court division.
22 (4) Family division.
23 (c) Other separate orphans' court divisions.--The courts of
24 common pleas of Beaver, Berks, Bucks, Cambria, Chester, Dauphin,
25 Delaware, Erie, Fayette, Lackawanna, Lancaster, Lehigh, Luzerne,
26 Montgomery, Schuylkill, Washington, Westmoreland and York
27 counties shall each have a separate orphans' court division.
28 (d) Judicial districts having no separate orphans' court
29 division.--In each judicial district having no separate orphans'
30 court division, there shall be an orphans' court division
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1 composed of the court of common pleas of that judicial district.
2 (e) Change in size of divisions.--The number of judges
3 constituting a division may be increased or reduced by order of
4 the governing authority.
5 § 952. Status of court divisions.
6 The divisions of a court of common pleas are administrative
7 units composed of those judges of the court responsible for the
8 transaction of specified classes of the business of the court.
9 In a court of common pleas having two or more divisions each
10 division of the court is vested with the full jurisdiction of
11 the whole court, but the business of the court may be allocated
12 among the divisions of the court by or pursuant to general
13 rules.
14 § 953. Administrative judges of divisions.
15 Except as otherwise prescribed by general rule or by order of
16 the governing authority:
17 (1) Each division of a court of common pleas shall be
18 presided over by an administrative judge.
19 (2) Each such administrative judge shall assist the
20 president judge of the court in supervising and administering
21 the business of the court and shall be responsible to him.
22 ARTICLE D
23 MINOR COURTS
24 Chapter
25 11. Community and Municipal Courts
26 13. Traffic Courts
27 CHAPTER 11
28 COMMUNITY AND MUNICIPAL COURTS
29 Subchapter
30 A. Community Courts
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1 B. Philadelphia Municipal Court
2 C. Pittsburgh Magistrates Court
3 SUBCHAPTER A
4 COMMUNITY COURTS
5 Sec.
6 1101. Community courts.
7 1102. Establishment or discontinuance of community courts.
8 1103. Powers of community courts.
9 1104. Seats of courts.
10 1105. Jurisdiction and venue.
11 1106. Lien of judgments.
12 § 1101. Community courts.
13 (a) General rule.--There shall be one community court for
14 each judicial district of this Commonwealth which has elected to
15 establish and which has not elected to discontinue such a court
16 in the manner provided in this subchapter. The community court
17 shall be a court not of record and shall consist of a number of
18 judges determined by dividing the total population of the
19 judicial district as determined by the last officially reported
20 decennial or special Federal census by 75,000. In any judicial
21 district where the aforesaid division results in a remainder
22 greater than 40,000, the judicial district shall be entitled to
23 an additional community court judge. In no event shall any
24 judicial district have less than two community court judges.
25 (b) Single county districts.--In single county judicial
26 districts the community court of the district shall be known as
27 the "Community Court of (the respective) County."
28 (c) Multi-county districts.--In multi-county judicial
29 districts the community court of the district shall be known as
30 the "Community Court of the (respective) Judicial District."
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1 § 1102. Establishment or discontinuance of community courts.
2 (a) General rule.--The question whether a community court
3 shall be established or discontinued in any judicial district
4 shall be placed upon the ballot in a primary election by
5 petition which shall be in the form prescribed by the officer of
6 the Commonwealth who under law shall have supervision over
7 elections. The petition shall be filed with that officer and
8 shall be signed by a number of electors equal to 5% of the total
9 votes cast for all candidates for the office occupied by a
10 single official for which the highest number of votes was cast
11 in that judicial district at the last preceding general or
12 municipal election. The manner of signing such petitions, the
13 time of circulating them, the affidavits of the persons
14 circulating them and all other details not contained in this
15 subsection shall be governed by the act of June 3, 1937
16 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
17 The question shall not be placed upon the ballot in a judicial
18 district more than once in any five-year period. The affirmative
19 vote of a majority of the electors of the judicial district
20 voting thereon shall be sufficient to establish or discontinue a
21 community court for the judicial district.
22 (b) Establishment.--The community court of a judicial
23 district shall be established on the first Monday of January
24 following the municipal election at which the first judges of
25 the court shall be elected. A court when established shall, in
26 accordance with and subject to Article V of the Constitution of
27 Pennsylvania, supplant all district justices or the municipal
28 court and the traffic court, as the case may be, within the
29 judicial district, except that in the fifth judicial district a
30 community court shall not supplant the Pittsburgh Magistrates
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1 Court. Upon the expiration of the term of any district justice
2 or judge of the municipal or traffic court, as the case may be,
3 or the abolition of his office in the manner and at such time as
4 is provided by statute, SECTION 3321 (RELATING TO ESTABLISHMENT <--
5 OF COMMUNITY COURTS), in a judicial district in which a
6 community court has been established, the matters then pending
7 and the books, dockets and records thereof shall be transferred
8 to the community court which shall determine and conclude such
9 matters as if it had assumed jurisdiction in the first instance.
10 (c) Discontinuance.--Where the electors of a judicial
11 district have at a primary approved the discontinuance of an
12 existing community court within their judicial district such
13 community court and the office of the judges serving thereon
14 shall then be abolished in the manner and at such time as is
15 provided by section 3322 (relating to discontinuance of
16 community courts). Thereafter, the office of district justice or
17 judge of the municipal or traffic court, as the case may be,
18 shall be established to replace and supplant such community
19 court on the first Monday of January of the even-numbered year
20 next following the odd-numbered year specified in section
21 1503(b) (relating to discontinuance of community court) and the
22 number and boundaries of magisterial districts, if any, of each
23 class within such judicial district shall be established in the
24 manner provided by section 1503(b).
25 § 1103. Powers of community courts.
26 Every judge of a community court shall have all the powers of
27 a judge of the municipal court or traffic court, or of a
28 district justice, as the case may be.
29 § 1104. Seats of courts.
30 The regular sessions of each community court shall be held at
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1 such location within the judicial district as may be approved by
2 the president judge of the court of common pleas of the judicial
3 district in compliance with general rules.
4 § 1105. Jurisdiction and venue.
5 (a) General rule.--Except as otherwise prescribed by any
6 general rule adopted pursuant to section 503 (relating to
7 reassignment of matters) each community court shall have the
8 jurisdiction which under law was exercised by the municipal
9 court or traffic court or by district justices, as the case may
10 be, within the judicial district.
11 (b) Venue and process.--The venue of a community court
12 concerning matters over which jurisdiction is conferred by
13 subsection (a) shall be as prescribed by general rule. The
14 process of the court shall extend beyond the territorial limits
15 of the judicial district to the extent prescribed by general
16 rule.
17 § 1106. Lien of judgments.
18 A judgment of a community court shall not operate as a lien
19 on real property until a transcript of the record showing a
20 final judgment in the community court has been filed in the
21 manner prescribed by general rules in the office of the clerk of
22 the court of common pleas of the county where the property is
23 situated, or in the office of the clerk of the branch of the
24 court of common pleas embracing such county. After such entry
25 the judgment shall, from the date of such entry, be a lien upon
26 real property to the same extent that judgment recovered in the
27 court of common pleas is a lien. No such transcript shall be
28 filed until after 30 days after the entry of final judgment by
29 the community court. No execution against real estate shall
30 issue out of the community court.
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1 SUBCHAPTER B
2 PHILADELPHIA MUNICIPAL COURT
3 Sec.
4 1121. Philadelphia Municipal Court.
5 1122. Seat of court.
6 1123. Jurisdiction and venue.
7 1124. Lien of judgments.
8 § 1121. Philadelphia Municipal Court.
9 The Philadelphia Municipal Court shall consist of 22 judges.
10 § 1122. Seat of court.
11 The regular sessions of the Philadelphia Municipal Court
12 shall be held at such locations within the first judicial
13 district as may be approved by the president judge of the court
14 in compliance with general rules.
15 § 1123. Jurisdiction and venue.
16 (a) General rule.--Except as otherwise prescribed by any
17 general rule adopted pursuant to section 503 (relating to
18 reassignment of matters) the Philadelphia Municipal Court shall
19 have jurisdiction of all of the following matters:
20 (1) Summary offenses, except those within the
21 jurisdiction of the Traffic Court of Philadelphia.
22 (2) Criminal offenses for which no prison term may be
23 imposed or which are punishable by imprisonment for a term of
24 not more than five years, including indictable offenses under
25 the motor vehicle laws. In cases under this paragraph the
26 defendant shall have no right of trial by jury in the
27 municipal court, but shall have the right of appeal for trial
28 de novo, including the right of trial by jury, to the court
29 of common pleas. The judges of the municipal court exercising
30 jurisdiction under this paragraph shall have the same
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1 jurisdiction in probation and parole arising out of sentences
2 imposed by them as judges of the court of common pleas.
3 (3) Matters arising under the act of April 6, 1951
4 (P.L.69, No.20), known as "The Landlord and Tenant Act of
5 1951."
6 (4) Civil actions wherein the sum demanded does not
7 exceed $500 $1000, exclusive of interest and costs, in the <--
8 following classes of actions:
9 (i) In assumpsit.
10 (ii) In trespass, including all forms of trespass
11 and trespass on the case.
12 (iii) For fines and penalties by any government
13 agency.
14 A plaintiff may waive a portion of his claim of more than
15 $500 $1000 so as to bring the matter within the jurisdiction <--
16 of the municipal court but such waiver shall be revoked
17 automatically if the defendant appeals the final order of the
18 municipal court. In cases under this paragraph the defendant
19 shall have no right of trial by jury in the municipal court,
20 but shall have the right to appeal for trial de novo,
21 including the right of trial by jury, to the court of common
22 pleas, it being the purpose of this paragraph to establish an
23 expeditious small claims procedure whereby it shall not be
24 necessary for the litigants to obtain counsel. Judgments by
25 confession shall not be entered in the municipal court.
26 (5) As commissioners to preside at arraignments, fix and
27 accept bail, issue warrants and perform duties of a similar
28 nature, including the jurisdiction of a committing magistrate
29 in all criminal proceedings.
30 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
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1 of the municipal court under this section shall be concurrent
2 with the Court of Common Pleas of Philadelphia County except
3 with respect to matters specified in subsection (a)(2), as to
4 which the jurisdiction of the municipal court shall be exclusive
5 except as otherwise prescribed by any general rule adopted
6 pursuant to section 503.
7 (c) Venue and process.--The venue of the municipal court
8 concerning matters over which jurisdiction is conferred by this
9 section shall be as prescribed by general rule. The process of
10 the court shall extend beyond the territorial limits of the City
11 and County of Philadelphia to the extent prescribed by general
12 rule.
13 § 1124. Lien of judgments.
14 Judgment recovered in the Philadelphia Municipal Court shall
15 be a lien upon property in the same manner and to the same
16 extent that judgment recovered in the Court of Common Pleas of
17 Philadelphia County is a lien. All such judgments shall be
18 indexed in the judgment index or indices of Philadelphia County
19 in the same manner as judgments of the court of common pleas are
20 indexed.
21 SUBCHAPTER C
22 PITTSBURGH MAGISTRATES COURT
23 Sec.
24 1141. Pittsburgh Magistrates Court.
25 1142. Seat of court.
26 1143. Jurisdiction and venue.
27 § 1141. Pittsburgh Magistrates Court.
28 The Pittsburgh Magistrates Court shall be a court not of
29 record and shall consist of such a number of judges, not less
30 than five nor more than eight, as shall be specified by
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1 ordinance of the City of Pittsburgh. The magistrates court shall
2 be the police magistrates authorized to be continued in
3 existence by section 21, Schedule to Article V of the
4 Constitution of Pennsylvania adopted April 23, 1968. Judges of
5 the Pittsburgh Magistrates Court shall be deemed district
6 justices for the purposes of Chapter 33 (relating to discipline,
7 removal and retirement of judicial officers).
8 § 1142. Seat of court.
9 The regular sessions of the Pittsburgh Magistrates Court
10 shall be held at such locations within the City of Pittsburgh as
11 may be designated by ordinance of the City of Pittsburgh.
12 § 1143. Jurisdiction and venue.
13 (a) General rule.--Except as otherwise prescribed by any
14 general rule adopted pursuant to section 503 (relating to
15 reassignment of matters) the Pittsburgh Magistrates Court shall
16 have jurisdiction of all of the following matters:
17 (1) Criminal complaints accusing any person of the
18 commission of any felony or misdemeanor, where such felony or
19 misdemeanor has been committed within the corporate limits of
20 the City of Pittsburgh, and to issue warrants for the arrest
21 of such person so accused, administer oaths and hold
22 preliminary hearings in all such cases, and commit to jail,
23 or bind over for trial or discharge such accused person, as
24 the evidence produced at such hearing may warrant. The court
25 shall have power to admit to bail as prescribed by general
26 rules.
27 (2) Arrests upon view, or upon complaint made and
28 warrant issued, by the police of the City of Pittsburgh, of
29 all persons who may be found engaged in or be charged with
30 drunkenness, disorderly conduct, selling liquor contrary to
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1 law, maintaining a disorderly house or bawdy house, lewd,
2 indecent or lascivious behavior on the streets or elsewhere,
3 gambling, creating riots or disturbances, vagrants, beggars,
4 prostitutes, disturbers of the public peace, known or reputed
5 pickpockets, burglars, thieves, watch stuffers, cheating,
6 swindling, persons who abuse their families, and suspicious
7 persons who can give no reasonable account of themselves, or
8 violating any of the laws or ordinances of such city.
9 (3) Civil claims for the recovery of fines and penalties
10 imposed by any and all ordinances of the City of Pittsburgh,
11 or by any and all ordinances and regulations relating to
12 housing and health administered and enforced by a county
13 health department where a violation takes place in such city,
14 and all cases of summary conviction arising under the laws
15 and ordinances of or applicable to such city and under the
16 laws, ordinances, rules and regulations relating to housing
17 and health administered and enforced by a county department
18 of health where a violation takes place in such city, with
19 full power to hear the said cases, administer oaths or
20 affirmations therein, decide the same, enforce the penalty,
21 collect the fine or commit to prison as the case may be
22 according to the provisions of the law and ordinances
23 applicable thereto.
24 (4) Matters within the jurisdiction of the court when
25 sitting as the Traffic Court of Pittsburgh.
26 (b) Venue and process.--The venue of the Pittsburgh
27 Magistrates Court concerning matters over which jurisdiction is
28 conferred by subsection (a) shall be as prescribed by general
29 rule. The process of the court shall extend beyond the
30 territorial limits of the City of Pittsburgh to the extent
19750S0935B1679 - 81 -
1 prescribed by general rule.
2 CHAPTER 13
3 TRAFFIC COURTS
4 Subchapter
5 A. General Provisions
6 B. Traffic Court of Philadelphia
7 C. Traffic Court of Pittsburgh
8 SUBCHAPTER A
9 GENERAL PROVISIONS
10 Sec.
11 1301. Seats of traffic courts.
12 1302. Jurisdiction and venue.
13 1303. Signatures and dockets.
14 § 1301. Seats of traffic courts.
15 The regular sessions of a traffic court shall be held at such
16 locations within the political subdivision for which the court
17 is established as may be approved in compliance with general
18 rules by the president judge of the court of common pleas of the
19 judicial district embracing such political subdivision.
20 § 1302. Jurisdiction and venue.
21 (a) General rule.--Except as otherwise prescribed by any
22 general rule adopted pursuant to section 503 (relating to
23 reassignment of matters), each traffic court shall have
24 jurisdiction of all prosecutions for summary offenses arising
25 under:
26 (1) The act of April 29, 1959 (P.L.58, No.32), known as
27 "The Vehicle Code."
28 (2) Any ordinance of any political subdivision enacted
29 pursuant to "The Vehicle Code."
30 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
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1 of a traffic court under this section shall be exclusive of the
2 courts of common pleas and district justices, except that such
3 jurisdiction shall be concurrent with the district justices
4 whenever the traffic court is closed.
5 (c) Venue and process.--The venue of a traffic court
6 concerning matters over which jurisdiction is conferred by this
7 section shall be as prescribed by general rule. The process of
8 the court shall extend beyond the territorial limits of the
9 political subdivision for which it is established to the extent
10 prescribed by general rule.
11 § 1303. Signatures and dockets.
12 Facsimile signatures of the traffic court judges may be used
13 for all purposes in lieu of the original signatures, except on
14 affidavits for warrants of arrest and on the docket of the
15 traffic court. Traffic court dockets shall contain a record of
16 the disposition of every case and where a fine and costs are
17 imposed shall record the amount of said fine and the amount of
18 costs. The docket shall in all cases, where a summons has been
19 issued, as to each case, be signed by the judge making the
20 disposition or in his name by the clerk of the traffic court.
21 SUBCHAPTER B
22 TRAFFIC COURT OF PHILADELPHIA
23 Sec.
24 1321. Traffic Court of Philadelphia.
25 § 1321. Traffic Court of Philadelphia.
26 The Traffic Court of Philadelphia shall be a court not of
27 record and shall consist of six judges. The court is established
28 for the City and County of Philadelphia.
29 SUBCHAPTER C
30 TRAFFIC COURT OF PITTSBURGH
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1 Sec.
2 1331. Traffic Court of Pittsburgh.
3 1332. Operations of traffic court.
4 § 1331. Traffic Court of Pittsburgh.
5 The Traffic Court of Pittsburgh shall be a court not of
6 record and shall be held by such of the judges of the Pittsburgh
7 Magistrates Court as shall be assigned thereto by the Mayor of
8 the City of Pittsburgh, one of whom shall be designated by the
9 mayor as the presiding magistrate of the traffic court. The
10 court is established for the City of Pittsburgh.
11 § 1332. Operations of traffic court.
12 The presiding magistrate shall preside over and supervise the
13 work of the Traffic Court of Pittsburgh. In the absence of the
14 presiding magistrate designated by the mayor, the judge then
15 temporarily presiding shall have such supervision. The traffic
16 court shall be open for the transaction of business at such
17 times as shall be designated by ordinance of the City of
18 Pittsburgh or prescribed by general rule.
19 ARTICLE E
20 DISTRICT JUSTICES
21 Chapter
22 15. District Justices
23 CHAPTER 15
24 DISTRICT JUSTICES
25 Subchapter
26 A. Magisterial Districts
27 B. District Justices
28 SUBCHAPTER A
29 MAGISTERIAL DISTRICTS
30 Sec.
19750S0935B1679 - 84 -
1 1501. Definitions.
2 1502. Classification of districts.
3 1503. Reestablishment of districts.
4 § 1501. Definitions.
5 The following words and phrases when used in this subchapter
6 shall have, unless the context clearly indicates otherwise, the
7 meanings given to them in this section:
8 "Court." The Supreme Court or the court of common pleas of
9 each judicial district under the direction of the Supreme Court.
10 "Political subdivision." Any municipality or township except
11 the City and County of Philadelphia.
12 "Population." The number of persons residing within a
13 political subdivision or part thereof as determined by the then
14 current Federal decennial or Federal special census.
15 "Population density." The number of persons residing within
16 a political subdivision or part thereof as determined by
17 dividing such number by the land area expressed in square miles
18 as determined in the official publication by the Bureau of
19 Statistics of the Department of Commerce.
20 § 1502. Classification of districts.
21 (a) Second class counties.--The classes of magisterial
22 districts in judicial districts coextensive with counties of the
23 second class shall be determined as follows:
24 (1) Magisterial districts of the first class shall have
25 a population density of more than 5,000 persons per square
26 mile and a population of not less than 65,000 persons.
27 (2) Magisterial districts of the second class shall have
28 a population density of more than 500 persons per square mile
29 and a population of between 22,500 and 65,000 persons.
30 (3) Magisterial districts of the third class shall have
19750S0935B1679 - 85 -
1 a population density of more than 200 persons per square mile
2 and a population of between 12,000 and 22,500 persons.
3 (4) Magisterial districts of the fourth class shall have
4 a population density of more than 70 persons per square mile
5 and a population of between 7,500 and 12,000 persons.
6 (5) Magisterial districts of the fifth class shall have
7 a population density of less than 70 persons per square mile
8 and a population of between 4,000 and 7,500 persons.
9 (b) Other counties.--The classes of magisterial districts in
10 judicial districts not coextensive with counties of the first
11 class or counties of the second class shall be determined as
12 follows:
13 (1) Magisterial districts of the first class shall have
14 a population density of more than 1,000 persons per square
15 mile and a population of not less than 15,000 persons.
16 (2) Magisterial districts of the second class shall have
17 a population density of more than 400 persons per square mile
18 and a population of not less than 4,000 persons.
19 (3) Magisterial districts of the third class shall have
20 a population density of less than 400 persons per square mile
21 and a population of not less than 4,000 persons.
22 (4) Magisterial districts of the fourth class shall have
23 a population density of less than 400 persons per square mile
24 and a population of between 2,000 and 4,000 persons. The
25 number of magisterial districts of the fourth class within a
26 judicial district shall not be increased.
27 § 1503. Reestablishment of districts.
28 (a) General rule.--In each year following that in which the
29 Federal decennial census is officially reported as required by
30 Federal law the court shall reestablish the number, boundaries
19750S0935B1679 - 86 -
1 and classes of magisterial districts within each judicial
2 district except:
3 (1) The first judicial district.
4 (2) Any judicial district where a community court has
5 been established and not discontinued.
6 The number, boundaries and class of magisterial districts within
7 each judicial district shall MAY be revised from time to time as <--
8 required for the efficient administration of justice within each
9 magisterial district.
10 (b) Discontinuance of community court.--The court upon the
11 discontinuance of a community court shall establish the number,
12 boundaries and classes of magisterial districts within the
13 judicial district embracing such discontinued community court.
14 Such action shall be completed prior to the first Monday of
15 January of the odd-numbered year next following the primary
16 election at which the discontinuance of the community court is
17 approved.
18 (c) Standards for establishment of magisterial districts.--
19 In the case of a political subdivision containing within its
20 boundaries two or more magisterial districts, the court shall
21 divide the political subdivision into magisterial districts as
22 nearly equal as possible in population and area, and the court
23 may presume that the population density of each part of a
24 political subdivision is the same population density as for the
25 whole political subdivision. The court in establishing the
26 number and boundaries of magisterial districts shall not
27 subdivide political subdivisions unless either:
28 (1) the political subdivision contains two or more
29 noncontiguous parts; or
30 (2) the political subdivision contains within its
19750S0935B1679 - 87 -
1 boundaries two or more magisterial districts, in which case
2 wards or other election districts of the political
3 subdivision shall not be subdivided.
4 SUBCHAPTER B
5 DISTRICT JUSTICES
6 Sec.
7 1511. District justices.
8 1512. Seal.
9 1513. Powers of district justices.
10 1514. Offices.
11 1515. Jurisdiction and venue.
12 1516. Lien of judgment.
13 § 1511. District justices.
14 There shall be one district justice in each magisterial
15 district.
16 § 1512. Seal.
17 Each magisterial district shall have a seal, which shall be
18 in the custody of the district justice elected or appointed for
19 such district. The official acts of the district justice shall
20 be authenticated therewith. There shall be engraved on the seal
21 such inscription as may be specified by general rule.
22 § 1513. Powers of district justices.
23 Every district justice shall have power to issue every lawful
24 process to or to be served or enforced by system and related
25 personnel and to make such lawful orders as his official
26 business may require. A district justice may take affidavits and
27 acknowledgments outside his magisterial district but within this
28 Commonwealth.
29 § 1514. Offices.
30 Offices of district justices shall be established in
19750S0935B1679 - 88 -
1 compliance with standards prescribed by general rule.
2 § 1515. Jurisdiction and venue.
3 (a) Jurisdiction.--Except as otherwise prescribed by general
4 rule adopted pursuant to section 503 (relating to reassignment
5 of matters) district justices shall, under procedures prescribed
6 by general rule, have jurisdiction of all of the following
7 matters:
8 (1) Summary offenses, except those within the
9 jurisdiction of an established and open traffic court.
10 (2) Matters arising under the act of April 6, 1951
11 (P.L.69, No.20), known as "The Landlord and Tenant Act of
12 1951," which are stated therein to be within the jurisdiction
13 of a justice of the peace.
14 (3) Civil claims wherein the sum demanded does not
15 exceed $1,000, exclusive of interest and costs, in the
16 following classes of actions:
17 (i) In assumpsit, except cases of real contract
18 where the title to real estate may be in question.
19 (ii) In trespass, including all forms of trespass
20 and trespass on the case.
21 (iii) For fines and penalties by any government
22 agency.
23 A plaintiff may waive a portion of his claim of more than
24 $1,000 so as to bring the matter within the jurisdiction of a
25 district justice. Such waiver shall remain effective except
26 upon appeal by either party or when the judgment is set aside
27 upon certiorari.
28 (4) As commissioners to preside at arraignments, fix and
29 accept bail, issue warrants and perform duties of a similar
30 nature, including the jurisdiction of a committing magistrate
19750S0935B1679 - 89 -
1 in all criminal proceedings.
2 (5) Matters jurisdiction of which is vested in district
3 justices by any statute.
4 (b) Venue and process.--The venue of a district justice
5 concerning matters over which jurisdiction is conferred by
6 subsection (a) of this section shall be as prescribed by general <--
7 rule. The process of the district justice shall extend beyond
8 the territorial limits of the magisterial district to the extent
9 prescribed by general rule.
10 § 1516. Lien of judgment.
11 A judgment of a district justice shall not operate as a lien
12 on real property until a transcript of the record showing a
13 final judgment of a district justice has been filed in the
14 manner prescribed by general rules in the office of the clerk of
15 the court of common pleas of the county where the property is
16 situated, or in the office of the clerk of the branch of the
17 court of common pleas embracing such county. After such entry
18 the judgment shall, from the date of such entry, be a lien upon
19 real property to the same extent that judgment recovered in the
20 court of common pleas is a lien. No such transcript shall be
21 filed until after 30 days after the entry of final judgment by
22 the district justice. No execution against real estate shall be
23 issued by a district justice.
24 SUBPART B
25 OTHER STRUCTURAL PROVISIONS
26 Chapter
27 17. Governance of the System
28 19. Administrative Office of Pennsylvania Courts
29 21. Judicial Boards and Commissions
30 23. System and Related Personnel
19750S0935B1679 - 90 -
1 25. Representation of Litigants
2 27. Office of the Clerk of the Court of Common Pleas
3 CHAPTER 17
4 GOVERNANCE OF THE SYSTEM
5 Subchapter
6 A. General Provisions
7 B. Judicial Council of Pennsylvania <--
8 C B. Specific Powers of the Governing Authority of the System <--
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 Sec.
12 1701. General supervisory and administrative authority of
13 the Supreme Court.
14 1702. Rule making procedures.
15 § 1701. General supervisory and administrative authority
16 of the Supreme Court.
17 The Supreme Court shall exercise general supervisory and
18 administrative authority over the unified judicial system and in
19 aid thereof shall have the powers specified in Subchapter C B <--
20 (relating to specific powers of the governing authority of the
21 system).
22 § 1702. Rule making procedures.
23 (a) General rule.--Subject to the provisions of subsection
24 (b), the Supreme Court and all agencies or units of the unified
25 judicial system exercising the power to adopt general rules or
26 other orders in the nature of regulations pursuant to the
27 authority of the Supreme Court under section 1721 (relating to
28 delegation of powers) shall be an agency within the meaning of
29 the act of July 31, 1968 (P.L.769, No.240), known as the
30 "Commonwealth Documents Law," and shall be subject to all of the
19750S0935B1679 - 91 -
1 provisions of such act except section 205 (relating to approval
2 as to legality). No such general rule or order adopted by the
3 Supreme Court or by such an agency or unit shall take effect
4 prior to publication in the Pennsylvania Bulletin, unless the
5 government unit adopting the general rule or order for good
6 cause finds (and incorporates the finding and a brief statement
7 of the reasons therefor in the order adopting the general rule
8 or order or change therein) that the deferral of the effective
9 date of the general rule or order or change therein beyond the
10 date specified in the order is impracticable or contrary to the
11 public interest.
12 (b) Scope.--The provisions of subsection (a) shall apply
13 only to a rule or order adopted pursuant to the following
14 provisions of this title or which is otherwise based in whole or
15 in part upon authority conferred by any provision of this title
16 or by other statutory authority:
17 Section 503 (relating to reassignment of matters).
18 Section 1722(b) (relating to enforcement and effect of
19 orders and process).
20 Section 1722(c) (relating to time limitations).
21 Section 1724 (relating to rules of evidence). <--
22 Section 1728 1725 (relating to establishment of fees and <--
23 charges).
24 Section 1729 1726 (relating to establishment of taxable <--
25 costs).
26 Section 1731 1728 (relating to recognition of related <--
27 organizations).
28 The provisions of subsection (a) of this section shall also <--
29 apply to other rules and orders to the extent prescribed by
30 general rule.
19750S0935B1679 - 92 -
1 SUBCHAPTER B
2 JUDICIAL COUNCIL OF PENNSYLVANIA <--
3 Sec.
4 1711. Judicial Council of Pennsylvania.
5 1712. Organization.
6 1713. Staff.
7 1714. Powers and duties.
8 § 1711. Judicial Council of Pennsylvania.
9 (a) General rule.--A Judicial Council of Pennsylvania
10 created by the Supreme Court shall consist of the persons
11 designated by or pursuant to general rule.
12 (b) Seal.--The Judicial Council shall have a seal engraved
13 with its name and such other inscription as may be specified by
14 general rule. A facsimile or preprinted seal may be used for all
15 purposes in lieu of the original seal.
16 § 1712. Organization.
17 The organization and proceedings of the Judicial Council
18 shall be governed by general rule.
19 § 1713. Staff.
20 The Judicial Council shall have such staff as may be
21 prescribed by general rule. The office of the staff shall be in
22 the facility specified in section 3701 (relating to Pennsylvania
23 Judicial Center).
24 § 1714. Powers and duties.
25 Subject to any inconsistent general rules, the Judicial
26 Council shall exercise the powers and perform the duties vested
27 in and imposed upon the council by law.
28 SUBCHAPTER C
29 SPECIFIC POWERS OF THE GOVERNING
30 AUTHORITY OF THE SYSTEM
19750S0935B1679 - 93 -
1 Sec.
2 1721. Delegation of powers.
3 1722. Adoption of administrative and procedural rules.
4 1723. Review of rules of court. <--
5 1724. Rules of evidence.
6 1725. Recommendations to the General Assembly and other bodies.
7 1726 1723. General supervisory and administrative authority. <--
8 1727 1724. Personnel of the system. <--
9 1728 1725. Establishment of fees and charges. <--
10 1729 1726. Establishment of taxable costs. <--
11 1730 1727. Budget and financial matters. <--
12 1731 1728. Recognition of related organizations. <--
13 1732 1729. Conferences and institutes. <--
14 1733 1730. Boards, councils, commissions and committees. <--
15 § 1721. Delegation of powers.
16 The Supreme Court may from time to time delegate to a <--
17 judicial council existing under order of the Supreme Court as
18 implemented by Subchapter B (relating to Judicial Council of
19 Pennsylvania) or otherwise or to any other ANY agency or unit of <--
20 the unified judicial system such of the supervisory and
21 administrative powers of the court, including the powers
22 specified in this subchapter, as may be specified by general
23 rule.
24 § 1722. Adoption of administrative and procedural rules.
25 (a) General rule.--The governing authority shall have the
26 power to prescribe and modify general rules governing:
27 (1) Practice, procedure and the conduct of all courts,
28 district justices and all officers serving process or
29 enforcing orders of any court or district justice and for
30 admission to the bar and to practice law, and the
19750S0935B1679 - 94 -
1 administration of all courts and the supervision of all
2 officers of the judicial branch, if such rules are consistent
3 with the Constitution of Pennsylvania and neither abridge,
4 enlarge nor modify the substantive rights of any litigant,
5 NOR AFFECT THE RIGHT OF THE GENERAL ASSEMBLY TO DETERMINE THE <--
6 JURISDICTION OF ANY COURT OR DISTRICT JUSTICE, nor suspend
7 nor alter any statute of limitation or repose. All statutes
8 shall be suspended to the extent that they are inconsistent
9 with rules prescribed under this paragraph.
10 (2) The prescription of canons of ethics applicable to
11 judges and the prescription of rules or canons applicable to
12 the activities of all other personnel of the system.
13 (3) Procedure under section 18 of Article V of the
14 Constitution of Pennsylvania and Subchapter C of Chapter 33
15 (relating to discipline and removal by Judicial Inquiry and
16 Review Board).
17 (4) Procedure for the suspension, removal, discipline
18 and compulsory retirement of district justices.
19 (5) Any matter which is authorized by statute to be
20 governed by general rules.
21 A governing authority other than the Supreme Court shall not
22 have power to prescribe general rules for assignment or
23 reassignment of classes of matters among the several courts and
24 district justices under section 503 (relating to reassignment of
25 matters) or otherwise.
26 (b) Enforcement and effect of orders and process.--To the
27 extent, if any, that such powers shall not be conferred by the
28 provisions of subsection (a)(1) and (5), the governing authority
29 shall have power to prescribe and modify general rules,
30 consistent with this title and any other applicable unrepealed
19750S0935B1679 - 95 -
1 statute, governing:
2 (1) The effect of judgments and other orders of, and the
3 right to and effect of attachments and other process issuing
4 out of, a tribunal, and the manner of the enforcement of any
5 thereof, including the time during which and the property
6 with respect to which they shall be a lien, the relative
7 priority of liens and other claims, stays of execution which
8 may or shall be granted, satisfaction of judgments and
9 dissolution of attachments, and all other matters relating to
10 judgments and other orders and attachments and other process
11 which have been regulated heretofore by statute.
12 (2) The powers and duties of system and related
13 personnel relating to the custody of and the judicial sale or
14 other disposition of property of judgment debtors and other
15 property within the jurisdiction of a tribunal. Any system or
16 related personnel who shall comply with the provisions of
17 such rules shall be free from all liability to any person
18 with respect to action in pursuance of such rules.
19 (c) Time limitations.--The governing authority shall have
20 power to prescribe and modify general rules:
21 (1) On any subject covered by subchapter D of Chapter 55
22 (relating to appeals).
23 (2) Specifying the time within which a matter must be
24 commenced under section 708 (relating to improvident
25 administrative appeals and other matters) or otherwise
26 objecting to acts A DETERMINATION of a government unit. <--
27 The provisions of subchapter D (relating to appeals) of Chapter <--
28 55 (relating to limitation of time) and all other statutes
29 relating to time for taking appeals shall be suspended to the <--
30 extent that they are inconsistent with rules prescribed under
19750S0935B1679 - 96 -
1 this subsection. The intention of this subsection is to
2 authorize the governing authority to develop and maintain
3 uniformity in time periods for taking appeals within the scope <--
4 of this subsection by eliminating statutory time limitations
5 which are inconsistent with the general pattern of similar time
6 limitations for taking appeals fixed by statute THEN IN EFFECT. <--
7 § 1723. Review of rules of court. <--
8 The governing authority shall be responsible for a continuous
9 review of rules of all courts, including local rules of the
10 courts of common pleas, and shall have power to approve or
11 disapprove all rules of court. The governing authority shall
12 incorporate the substance of existing rules of court into
13 general rules to the maximum extent possible in order to
14 facilitate the work of judges and district justices who may be
15 temporarily assigned from another court or district.
16 § 1724. Rules of evidence.
17 The governing authority may prescribe and modify rules of
18 evidence which shall be binding upon all courts and district
19 justices if such rules are consistent with the Constitution of
20 Pennsylvania.
21 § 1725. Recommendations to the General Assembly and other
22 bodies.
23 The governing authority shall be responsible for a continuous
24 review of the operations and efficiency of the unified judicial
25 system of this Commonwealth and offices related to and serving
26 the system, and shall make such recommendations with respect
27 thereto to the General Assembly and other bodies having
28 jurisdiction as it shall find to be necessary or desirable for
29 the prompt, fair and efficient administration of justice.
30 § 1726 1723. General supervisory and administrative authority. <--
19750S0935B1679 - 97 -
1 The governing authority shall exercise general supervisory
2 and administrative authority over all courts and district
3 justices. including the authority to: <--
4 (1) Define by general rule or by order the relative
5 administrative powers, duties and responsibilities of all
6 personnel of the system concerned with its administration,
7 including:
8 (i) The Court Administrator of Pennsylvania.
9 (ii) District court administrators.
10 (iii) President judges.
11 (iv) Administrative judges of divisions.
12 (v) Administrative staff.
13 (vi) Central staff.
14 The governing authority under this paragraph may specify who
15 shall exercise the power of appointment or removal of the
16 personnel of the system except county staff and personal
17 staff.
18 (2) Prescribe uniform procedures, forms and reports for
19 clerical functions to be performed by system and related
20 personnel and to establish record retention schedules.
21 (3) Take, or to provide for the taking of, such other
22 administrative action agreeable to the provisions of the
23 Constitution of Pennsylvania or of this title as may be
24 necessary or desirable for the prompt, fair and efficient
25 administration of justice.
26 § 1727 1724. Personnel of the system. <--
27 (a) General rule.--Except as provided in subsection (b), the
28 governing authority shall exercise general supervisory and
29 administrative authority over the personnel of the system,
30 including the power to:
19750S0935B1679 - 98 -
1 (1) Standardize the qualifications for employment, and
2 all titles, salaries and wages of appointed personnel of the
3 system. In establishing such standards the governing
4 authority may:
5 (i) Take into consideration the location of the work
6 and the conditions under which the service is rendered.
7 (ii) Establish different standards for different
8 kinds, grades and classes of similar work or service.
9 (iii) Adopt by reference in whole or in part the
10 then current regulations of the Executive Board
11 promulgated under section 709(a) of the act of April 9,
12 1929 (P.L.177, No.175), known as "The Administrative Code
13 of 1929," and the related personnel rules. (4 Pa. Code <--
14 Ch. 23).
15 (iv) Adopt by reference in whole or in part the then
16 current regulations of the Civil Service Commission
17 promulgated under the act of August 5, 1941 (P.L.752,
18 No.286), known as the "Civil Service Act."
19 (2) Approve or disapprove the establishment of sections,
20 bureaus, offices and other administrative units within the
21 system, to investigate duplication of work of the several
22 administrative units within the system and offices employing
23 related personnel and the efficiency of the organization and
24 administration thereof, and to adopt measures for the better
25 coordination of the work of system and related personnel.
26 (3) Approve or disapprove the number and grade of
27 authorized positions within the personnel of the system,
28 except such positions the compensation of which is fixed by
29 statute.
30 (4) Approve or disapprove, in like manner as the
19750S0935B1679 - 99 -
1 Executive Board, the payment of extra compensation to
2 personnel of the system who are employed at fixed
3 compensation.
4 (5) Determine, from time to time, the hours when the
5 office of the clerk and the administrative and central
6 offices of the system shall open and close.
7 (6) Approve or disapprove extensions of leaves of
8 absence, with pay, for personnel of the system.
9 (7) Promulgate rules and regulations defining the
10 expenses for which the personnel of the system and members of
11 advisory committees may be reimbursed.
12 (8) Approve or disapprove recommendations for the
13 bonding of the personnel of the system, to fix the amounts of
14 the bonds of all such personnel required to give such bond,
15 and to require any bond to be executed by a surety.
16 (9) Approve or disapprove the establishment of offices
17 by any administrative unit within the personnel of the system
18 at any place other than the facilities specified in section
19 3701 (relating to Pennsylvania Judicial Center) and section
20 3721 (relating to county judicial center).
21 (10) Regulate the employment of and the charges made by
22 official court reporters for transcript and similar services.
23 (11) Fix the fees or salary of members of the Judicial <--
24 Council who are not judicial officers.
25 (12) (11) Take cognizance of all such other matters as
26 would fall within the jurisdiction of the Executive Board if
27 the system were an administrative department under "The
28 Administrative Code of 1929."
29 (b) Exception.--Nothing in subsection (a) shall apply to
30 county staff or shall affect the existing powers of the salary
19750S0935B1679 - 100 -
1 boards of the several counties of this Commonwealth.
2 § 1728 1725. Establishment of fees and charges. <--
3 (a) General rule.--The governing authority shall fix by
4 general rule the filing fees for the commencement of any matter
5 before any court or district justice and the fees which system
6 and related personnel shall be entitled to collect for services
7 performed and the fees and expenses to be received by jurors and
8 witnesses. No person shall demand or receive any fee or charge
9 for any service within the scope of his office or employment
10 except as fixed or authorized by the governing authority
11 pursuant to this section. In fixing fees the governing authority
12 shall be guided by the following considerations:
13 (1) The unified judicial system is established for the
14 good order of society and the correction of injustice, and no
15 person should have right and justice denied or delayed by
16 reason of poverty.
17 (2) The number and type of fees should be minimized to
18 the end that the schedule of fees may be simple and
19 understandable to the public and amenable to modern
20 accounting systems and controls.
21 (3) Except as otherwise provided by statute, that
22 portion of the yield of the fees payable to the counties
23 should be equivalent to the net revenues receivable by the
24 counties under the prior provisions of law.
25 (4) The fees payable to witnesses and jurors should be
26 fair and reasonable and adequate to encourage persons to
27 appear and serve as such.
28 (5) The expenses of a criminal prosecution should be
29 debited to the judicial and correctional account of the
30 county in which the offense is alleged to have been
19750S0935B1679 - 101 -
1 committed.
2 (6) The expenses of a prosecution for violation of any
3 ordinance of a city, borough, incorporated town or township
4 of the first class and the expenses of any resulting
5 confinement should be paid by the city, borough, incorporated
6 town or township of the first class which enacted the
7 ordinance.
8 (B) PROCEDURE.--RULES ADOPTED PURSUANT TO SUBSECTION (A) <--
9 SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY THE CHIEF JUSTICE
10 AT OR AFTER THE BEGINNING OF A REGULAR SESSION THEREOF BUT NOT
11 LATER THAN MAY 1. SUCH RULES SHALL TAKE EFFECT UPON THE
12 EXPIRATION OF 90 DAYS AFTER THEY HAVE BEEN THUS REPORTED, OR ON
13 ANY LATER DATE PROVIDED FOR THEREIN, UNLESS THE GENERAL ASSEMBLY
14 BY THE ADOPTION OF A CONCURRENT RESOLUTION DURING SUCH 90-DAY
15 PERIOD SIGNIFIES THAT SUCH RULES, OR ANY PART THEREOF, ARE
16 DISAPPROVED. THE DISAPPROVAL OF A PART OF A RULE SHALL NOT
17 AFFECT THE REMAINDER OF THE RULE.
18 (b) (C) Definition.--As used in this section "witness" <--
19 includes a person called to testify before any tribunal or other
20 government unit.
21 § 1729 1726. Establishment of taxable costs. <--
22 The governing authority shall prescribe by general rule the
23 standards governing the imposition and taxation of costs,
24 including the items which constitute taxable costs, the
25 litigants who shall bear such costs, and the discretion vested
26 in the courts to modify the amount and responsibility for costs
27 in specific matters. All system and related personnel shall be
28 bound by such general rules. In prescribing such general rules,
29 the governing authority shall be guided by the following
30 considerations, among others:
19750S0935B1679 - 102 -
1 (1) Attorney's fees should be an item of taxable costs
2 only if and to the extent authorized by section 2503
3 (relating to right of participants to receive counsel fees).
4 (2) The prevailing party should recover his costs from
5 the unsuccessful litigant except where the:
6 (i) Costs relate to the existence, possession or
7 disposition of a fund and the costs should be borne by
8 the fund.
9 (ii) Question involved is a public question or where
10 the applicable law is uncertain and the purpose of the
11 litigants is primarily to clarify the law.
12 (iii) Application of the rule would work substantial
13 injustice.
14 (3) The imposition of actual costs or a multiple thereof
15 may be used as a penalty for violation of general rules or
16 rules of court.
17 § 1730 1727. Budget and financial matters. <--
18 The governing authority shall have power to:
19 (1) Review the tentative budget request of the system
20 prepared by the Administrative Office pursuant to section
21 3522 (relating to preparation of tentative budget request),
22 to make such modifications therein as in its judgment are
23 necessary or desirable, and to approve a final budget request
24 of the system pursuant to Subchapter B of Chapter 35
25 (relating to Judicial Department budget and finance).
26 (2) Approve or disapprove requests for the purchase from
27 funds appropriated to the system of goods or services by
28 personnel of the system, including the rental of space, and
29 requests for the construction or modification of Commonwealth
30 facilities to be utilized by the system.
19750S0935B1679 - 103 -
1 § 1731 1728. Recognition of related organizations. <--
2 (a) General rule.--The governing authority shall have power
3 on application to identify the several conferences or
4 associations which are the most broadly representative of each
5 of the following groups:
6 (1) Judges of the courts of common pleas, community
7 courts and Philadelphia Municipal Court.
8 (2) District justices.
9 (3) Members of the bar of the Supreme Court.
10 (4) Such other conferences or associations of system and
11 related personnel as may be recognized by the governing
12 authority.
13 If the governing authority shall approve the organic law of the
14 conference or association insofar as it relates to matters
15 affecting the system, the governing authority may by general
16 rule designate the applicant as the recognized conference or
17 association of such group for the purposes of this title and any
18 other provision of law.
19 (b) Changes in recognition.--The governing authority may
20 transfer recognition from one conference or association of a
21 group to another such conference or association whenever the
22 governing authority shall find that the circumstances warrant
23 such change and shall revoke the designation of any conference
24 or association if it shall find that such conference or
25 association would not be designated a recognized conference or
26 association if then making application therefor.
27 (c) Expenses.--The governing authority may authorize the
28 payment of the expenses of personnel of the system incident to
29 participation in the work of a recognized conference or
30 association and may make grants for the support of the work
19750S0935B1679 - 104 -
1 thereof.
2 § 1732 1729. Conferences and institutes. <--
3 The governing authority shall have power by general rule or
4 by order to provide for the organization and convening on a
5 regular or special basis of a Judicial Conference of
6 Pennsylvania, institutes and joint councils on sentencing, and
7 such other informational and educational conferences and
8 institutes as the governing authority may find to be necessary
9 or desirable for the prompt, fair and efficient administration
10 of justice, and to require the attendance of such system and
11 related personnel as shall be designated by or pursuant to such
12 general rules or orders. The governing authority may cooperate
13 with other states and the Federal Government in the convening,
14 organization and maintenance of conferences and institutes
15 authorized by this section.
16 § 1733 1730. Boards, councils, commissions and committees. <--
17 The governing authority shall have power by general rules or
18 by order to establish and discontinue boards, councils,
19 commissions, committees or other bodies composed of personnel of
20 the system and other persons to consider, report or take action
21 on any subject specified in such general rules or order
22 affecting the organization or operation of the unified judicial
23 system and the offices related to and serving the system.
24 CHAPTER 19
25 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
26 Sec.
27 1901. Court Administrator of Pennsylvania.
28 1902. Administrative Office of Pennsylvania Courts.
29 1903. Staff.
30 1904. General functions of Administrative Office. <--
19750S0935B1679 - 105 -
1 1905. Cooperation with Administrative Office.
2 § 1901. Court Administrator of Pennsylvania.
3 (a) General rule.--The Supreme Court shall appoint and may <--
4 remove a Court Administrator of Pennsylvania. The Court <--
5 Administrator shall be responsible for the prompt and proper
6 disposition of the business of all courts and district justices.
7 (b) Seal.--The Court Administrator shall have a seal with
8 the words "Court Administrator of Pennsylvania" and such other
9 inscription as may be specified by general rule. A facsimile or
10 preprinted seal may be used for all purposes in lieu of the
11 original seal.
12 § 1902. Administrative Office of Pennsylvania Courts.
13 (a) General rule.--There shall be an Administrative Office <--
14 of Pennsylvania Courts, which shall be the office of the Court
15 Administrator of Pennsylvania and shall be maintained in the
16 facility specified in section 3701 (relating to Pennsylvania
17 Judicial Center). It shall be supervised by the Court
18 A REFERENCE IN ANY STATUTE TO THE ADMINISTRATIVE OFFICE OF <--
19 PENNSYLVANIA COURTS SHALL BE DEEMED A REFERENCE TO THE COURT
20 Administrator of Pennsylvania who shall, either personally, by
21 deputy, by other duly authorized personnel of the system, or by
22 duly authorized agent, exercise the powers and perform the
23 duties by law STATUTE vested in and imposed upon the <--
24 Administrative Office.
25 (b) Seal.--The Administrative Office shall have a seal <--
26 engraved with its name and such other inscription as may be
27 specified by general rule. A facsimile or preprinted seal may be
28 used for all purposes in lieu of the original seal.
29 § 1903. Staff.
30 (a) Deputy and district administrators and other <--
19750S0935B1679 - 106 -
1 personnel.--The Supreme Court may appoint and remove such deputy
2 court administrators of Pennsylvania and such district court
3 administrators and other personnel of the system as may be
4 necessary and proper for the prompt and proper disposition of
5 the business of all courts and district justices.
6 (b) Appointments by Court Administrator.--Subject to any
7 inconsistent orders of the governing authority, the Court
8 Administrator of Pennsylvania may appoint and remove such deputy
9 court administrators of Pennsylvania, district court
10 administrators and other central staff and administrative staff
11 as are authorized by the governing authority pursuant to section
12 1727 (relating to personnel of the system) to be appointed by
13 him.
14 THE SUPREME COURT MAY APPOINT SUCH SUBORDINATE ADMINISTRATORS <--
15 AND STAFF AS MAY BE NECESSARY AND PROPER FOR THE PROMPT AND
16 PROPER DISPOSITION OF THE BUSINESS OF ALL COURTS AND DISTRICT
17 JUSTICES.
18 § 1904. General functions of Administrative Office. <--
19 Subject to any inconsistent general rules, the Administrative
20 Office shall exercise the powers and perform the duties vested
21 in and imposed upon the Administrative Office by law.
22 § 1905. Cooperation with Administrative Office.
23 All system and related personnel shall comply with all
24 standing or special requests or directives made by the
25 Administrative Office for information and statistical data
26 relative to the work of the system and of offices related to and
27 serving the system and relative to the expenditure of public
28 moneys for their maintenance and operation. The governing
29 authority may prescribe by general rule or by order for the
30 enforcement of this section.
19750S0935B1679 - 107 -
1 CHAPTER 21
2 JUDICIAL BOARDS AND COMMISSIONS
3 Subchapter
4 A. Judicial Inquiry and Review Board
5 B. Judicial Qualifications Commission (Reserved)
6 C. Jury Selection Commissions
7 D. Minor Judiciary Education Board
8 E. Boards of Viewers
9 SUBCHAPTER A
10 JUDICIAL INQUIRY AND REVIEW BOARD
11 Sec.
12 2101. Judicial Inquiry and Review Board.
13 2102. Composition of board.
14 2103. Organization.
15 2104. Staff.
16 2105. Powers and duties.
17 § 2101. Judicial Inquiry and Review Board.
18 (a) General rule.--The Judicial Inquiry and Review Board
19 shall consist of nine persons selected as provided in this
20 subchapter.
21 (b) Seal.--The Judicial Inquiry and Review Board shall have
22 a seal engraved with its name and such other inscription as may
23 be specified by general rule. A facsimile or preprinted seal may
24 be used for all purposes in lieu of the original seal.
25 § 2102. Composition of board.
26 (a) General rule.--The Judicial Inquiry and Review Board
27 shall consist of:
28 (1) Two judges of the Superior Court selected by the
29 Supreme Court.
30 (2) Three judges of the courts of common pleas selected
19750S0935B1679 - 108 -
1 by the Supreme Court, no two or more of such judges shall be
2 from the same judicial district.
3 (3) Two nonjudge members of the bar of the Supreme Court
4 selected by the Governor.
5 (4) Two nonlawyer electors selected by the Governor.
6 (b) Terms of office.--The members of the board shall serve
7 for terms of four years, except that a member, rather than his
8 successor, shall continue to participate in any hearing in
9 progress at the end of his term. A vacancy on the board shall be
10 filled by the respective appointing authority for the balance of
11 the term. The respective appointing authority may remove a
12 member only for cause. No member shall serve more than four
13 consecutive years, but he may be reappointed after a lapse of
14 one year.
15 (c) Restriction on political activity.--A member of the
16 board may not hold office in a political party or a political
17 organization.
18 (d) Compensation.--Members selected by the Governor shall
19 receive such fees or salary as shall be fixed by the governing
20 authority.
21 § 2103. Organization.
22 Annually the Judicial Inquiry and Review Board shall elect a
23 chairman and other officers of the board, who shall hold office
24 at the pleasure of the board. The board shall act only with the
25 concurrence of a majority of its members.
26 § 2104. Staff.
27 The Judicial Inquiry and Review Board, or the chairman of the
28 board, as may be prescribed by general rule, shall appoint and
29 may remove an executive director and such administrative staff
30 of the board as may be authorized by the governing authority.
19750S0935B1679 - 109 -
1 § 2105. Powers and duties.
2 The Judicial Inquiry and Review Board shall exercise the
3 powers and perform the duties vested in and imposed upon the
4 board by section 18 of Article V of the Constitution of
5 Pennsylvania and Subchapter C of Chapter 33 (relating to
6 discipline and removal by Judicial Inquiry and Review Board) and
7 any other powers and duties vested in and imposed upon the board
8 by law.
9 SUBCHAPTER B
10 JUDICIAL QUALIFICATIONS COMMISSION
11 (Reserved)
12 SUBCHAPTER C
13 JURY SELECTION COMMISSIONS
14 Sec.
15 2121. Jury selection commissions.
16 2122. Composition of jury selection commissions.
17 2123. Staff.
18 2124. Powers and duties.
19 § 2121. Jury selection commissions.
20 (a) General rule.--The jury selection commission in each
21 county of this Commonwealth shall consist of three or more
22 persons selected as provided in this subchapter or as provided
23 by home rule charter.
24 (b) Home rule charter counties.--The provisions of this
25 subchapter shall be subject to any inconsistent provisions of
26 any home rule charter.
27 § 2122. Composition of jury selection commissions.
28 (a) General rule.--Except in the first judicial district,
29 the jury selection commission shall consist of two jury
30 commissioners elected as provided in this section and a judge of
19750S0935B1679 - 110 -
1 the court of common pleas of the judicial district embracing the
2 county designated from time to time by the president judge of
3 such court. The judge so designated shall be the chairman of the
4 commission.
5 (b) Election of commissioners.--The jury commissioners shall
6 be elected as provided in this subsection and, to the extent not
7 inconsistent with this subsection, as provided by the act of
8 July 28, 1953 (P.L.723, No.230), known as the "Second Class
9 County Code" and the act of August 9, 1955 (P.L.323, No.130),
10 known as "The County Code," as the case may be, and the act of
11 June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania
12 Election Code." Any jury commissioner shall be eligible for
13 reelection for any number of terms. The two persons elected as
14 jury commissioners shall not be of the same political party. The
15 candidate for the office who receives the highest number of
16 votes shall be one of the jury commissioners, and the other
17 shall be that candidate not being of the same political party as
18 the first who receives the next highest number of votes.
19 (c) Filling of vacancy.--In case of the inability of a jury
20 commissioner, by sickness, death, or other unavoidable cause, to
21 discharge the duties of his office, or in case of neglect or
22 refusal to serve, the president judge of the court of common
23 pleas of the judicial district shall appoint a suitable person
24 to perform the duties of the office during the period of
25 inability.
26 (d) Philadelphia.--In the first judicial district the jury
27 selection commission shall consist of the sheriff and two or
28 more judges of the Court of Common Pleas of Philadelphia County
29 designated by the President Judge of such court.
30 (e) Quorum.--A jury selection commission may act by any two
19750S0935B1679 - 111 -
1 of its members.
2 § 2123. Staff.
3 The jury selection commission shall appoint and may remove a
4 clerk and such administrative staff of the commission as may be
5 authorized pursuant to law.
6 § 2124. Powers and duties.
7 Each jury selection commission shall exercise the powers and
8 perform the duties vested in and imposed upon such commissions
9 by Subchapter B of Chapter 45 (relating to selection and custody
10 of jurors) and any other powers and duties vested in and imposed
11 upon such commissions by law.
12 SUBCHAPTER D
13 MINOR JUDICIARY EDUCATION BOARD
14 Sec.
15 2131. Minor Judiciary Education Board.
16 2132. Composition of board.
17 2133. Organization.
18 2134. Staff.
19 2135. Powers and duties.
20 § 2131. Minor Judiciary Education Board.
21 (a) General rule.--The Minor Judiciary Education Board shall
22 consist of seven members selected as provided in this
23 subchapter.
24 (b) Seal.--The Minor Judiciary Education Board shall have a
25 seal engraved with its name and such other inscription as may be
26 specified by general rule. A facsimile or preprinted seal may be
27 used for all purposes in lieu of the original seal.
28 § 2132. Composition of board.
29 (a) General rule.--The Minor Judiciary Education Board shall
30 consist of the following appointed by the Governor with the
19750S0935B1679 - 112 -
1 consent of two-thirds of the members elected to the Senate:
2 (1) Three persons who shall be judges of the Pittsburgh
3 Magistrates Court or the Traffic Court of Philadelphia or
4 district justices.
5 (2) Three members of the bar of the Supreme Court.
6 (3) One lay elector.
7 (b) Terms of office.--The members of the board shall serve
8 for terms of five years and until a successor has been appointed
9 and qualified. A vacancy on the board shall be filled for the
10 balance of the term.
11 (c) Compensation.--Members of the board shall receive such
12 fees or salary as shall be fixed by the governing authority.
13 § 2133. Organization.
14 Annually the Minor Judiciary Education Board shall elect a
15 chairman and other officers of the board, who shall hold office
16 at the pleasure of the board. The board shall act only with the
17 concurrence of a majority of its members.
18 § 2134. Staff.
19 The Department of Education shall provide such staff
20 assistance as the Minor Judiciary Education Board may require.
21 § 2135. Powers and duties.
22 The Minor Judiciary Education Board shall exercise the powers
23 and perform the duties vested in and imposed upon the board by
24 Subchapter B of Chapter 31 (relating to qualifications of
25 certain minor judiciary) and any other powers and duties vested
26 in and imposed upon the board by law.
27 SUBCHAPTER E
28 BOARDS OF VIEWERS
29 Sec.
30 2141. Boards of viewers.
19750S0935B1679 - 113 -
1 2142. Composition of boards.
2 2143. Staff.
3 2144. Powers and duties.
4 § 2141. Boards of viewers.
5 The boards of viewers in each county of this Commonwealth
6 shall consist of three or more persons selected as provided in
7 this subchapter.
8 § 2142. Composition of boards.
9 (a) General rule.--The court of common pleas of the judicial
10 district embracing the county shall appoint to the board of
11 viewers of the county such a number of persons as shall be
12 necessary for the proper performance of the duties imposed upon
13 the board. At least one-third of the members of the board of
14 viewers shall be attorneys-at-law and each member shall be a
15 resident of the county unless the court is unable to complete
16 the membership of the board from residents of the county, in
17 which event the court may appoint residents of adjacent
18 counties. In the City and County of Philadelphia the board of
19 viewers may be appointed from among the Board of Revision of
20 Taxes. Additional qualifications for membership on boards of
21 viewers may be established by general rule or rule of court.
22 (b) Terms of office.--The members of boards of viewers shall
23 serve for a term of not less than three nor more than six years,
24 as stated in the appointment, whether such appointment is for an
25 original or partly expired term. All appointments shall be
26 subject to the power of the court of common pleas to remove
27 members of the board without cause and to appoint successors.
28 § 2143. Staff.
29 Each board of viewers shall be provided with such staff as
30 may be necessary.
19750S0935B1679 - 114 -
1 § 2144. Powers and duties.
2 Each board of viewers shall exercise the powers and perform
3 the duties vested in and imposed upon such boards by law.
4 CHAPTER 23
5 SYSTEM AND RELATED PERSONNEL
6 Sec.
7 2301. Appointment of personnel.
8 2302. Maintenance of adequate county staff.
9 2303. Powers of system and related personnel.
10 § 2301. Appointment of personnel.
11 (a) General rule.--Subject to any inconsistent general rules
12 or other inconsistent provisions of law each:
13 (1) Judge and district justice may appoint and fix the
14 duties of necessary personal staff.
15 (2) Court may appoint and fix the compensation and
16 duties of necessary administrative staff and fix the
17 compensation of personal staff.
18 (3) Other agency or unit of the unified judicial system
19 may appoint and fix the compensation and duties of necessary
20 central staff and personal staff.
21 (b) Oath of office.--Each member of a judicial board or
22 commission and each other person who is appointed to an office
23 shall, before entering upon the duties of his office, take and
24 subscribe the oath or affirmation specified in section 3151
25 (relating to oath of office).
26 (c) County staff unaffected.--The provisions of subsection
27 (a) are intended solely to codify and consolidate former
28 statutory provisions on the same subject and nothing in such
29 subsection shall be construed to limit, modify or deny the
30 existing powers or prerogatives of county staff or other
19750S0935B1679 - 115 -
1 officers, other than judges, elected by the electorate of a
2 county, to appoint and to fix the reasonable compensation of
3 such classes of personnel as such county officers have
4 heretofore been authorized to do by law.
5 § 2302. Maintenance of adequate county staff.
6 Whenever necessary, it shall be the duty of county officers
7 to appoint or detail such county staff as shall enable the
8 judges of the courts embracing the county to properly transact
9 the business before their respective courts.
10 § 2303. Powers of system and related personnel.
11 System and related personnel shall have such powers,
12 including the power to issue subpoenas, as may be provided or
13 prescribed by law or order of court.
14 CHAPTER 25
15 REPRESENTATION OF LITIGANTS
16 Subchapter
17 A. General Provisions
18 B. Attorneys and Counsellors
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 2501. Appearance in person or by counsel.
23 2502. Certain persons not to appear as counsel.
24 2503. Right of participants to receive counsel fees.
25 § 2501. Appearance in person or by counsel.
26 (a) Civil matters.--In all civil matters before any tribunal
27 every litigant shall have a right to be heard, by himself and
28 his counsel, or by either of them.
29 (b) Criminal matters.--In all criminal prosecutions the
30 accused has a right to be heard by himself and his counsel.
19750S0935B1679 - 116 -
1 § 2502. Certain persons not to appear as counsel.
2 (a) General rule.--No attorney-at-law who is a member of the
3 staff of a court shall appear as counsel in such court and no
4 attorney-at-law shall appear in any court or in any matter in
5 violation of any general rule relating to the practice of law or
6 the conduct of courts, district justices and officers serving
7 process or enforcing orders of courts.
8 (b) Law clerks.--Except as otherwise prescribed by general
9 rules, a law clerk serving on the personal staff of a judge of a
10 court of common pleas may appear in such court as an attorney-
11 at-law before other judges of such court notwithstanding the
12 provisions of subsection (a).
13 § 2503. Right of participants to receive counsel fees.
14 The following participants shall be entitled to a reasonable
15 counsel fee as part of the taxable costs of the matter:
16 (1) The holder of bonds of a private corporation who
17 successfully recovers due and unpaid interest, the liability
18 for the payment of which was denied by the corporation.
19 (2) A garnishee who enters an appearance in a matter
20 which is discontinued prior to answer filed.
21 (3) A garnishee who is found to have in his possession
22 or control no indebtedness due to or other property of the
23 debtor except such, if any, as has been admitted by answer
24 filed.
25 (4) A possessor of property claimed by two or more other
26 persons, if the possessor interpleads the rival claimants,
27 disclaims all interest in the property and disposes of the
28 property as the court may direct.
29 (5) The prevailing party in an interpleader proceeding
30 in connection with execution upon a judgment.
19750S0935B1679 - 117 -
1 (6) Any participant who is awarded counsel fees pursuant <--
2 to Rule 1035 or Rule 4019 of the Pennsylvania Rules of Civil
3 Procedure or any similar general rule relating to sanctions
4 in depositions and discovery. AS A SANCTION FOR VIOLATION OF <--
5 ANY GENERAL RULE OR RULE OF COURT OR FOR DILATORY, OBDURATE
6 OR VEXATIOUS CONDUCT DURING THE PENDENCY OF ANY MATTER.
7 (7) Any participant who is awarded counsel fees out of a
8 fund within the jurisdiction of the court pursuant to Rule <--
9 1574 of the Pennsylvania Rules of Civil Procedure or any
10 other ANY general rule relating to an award of counsel fees <--
11 from a fund within the jurisdiction of the court.
12 (8) ANY PARTICIPANT WHO IS AWARDED COUNSEL FEES BECAUSE <--
13 THE CONDUCT OF ANOTHER PARTY IN COMMENCING THE MATTER OR
14 OTHERWISE WAS ARBITRARY, VEXATIOUS OR IN BAD FAITH.
15 (8) (9) Any other participant in such circumstances as <--
16 may be specified by statute.
17 SUBCHAPTER B
18 ATTORNEYS AND COUNSELLORS
19 Sec.
20 2521. Office of attorney-at-law.
21 2522. Oath of office.
22 2523. Persons specially admitted by local rules.
23 2524. Penalty for unauthorized practice of law.
24 2525. Unauthorized solicitation prohibited.
25 § 2521. Office of attorney-at-law.
26 Persons admitted to the bar of the courts of this
27 Commonwealth and to practice law pursuant to general rules shall
28 thereby hold the office of attorney-at-law.
29 § 2522. Oath of office.
30 Before entering upon the duties of his office, each attorney-
19750S0935B1679 - 118 -
1 at-law shall take and subscribe the following oath or
2 affirmation before a person authorized to administer oaths:
3 "I do solemnly swear (or affirm) that I will support,
4 obey and defend the Constitution of the United States and the
5 Constitution of this Commonwealth and that I will discharge
6 the duties of my office with fidelity, as well to the court
7 as to the client, that I will use no falsehood, nor delay the
8 cause of any person for lucre or malice."
9 Any person refusing to take the oath or affirmation shall
10 forfeit his office.
11 § 2523. Persons specially admitted by local rules.
12 Any person specially admitted to practice law on or before
13 April 23, 1968 may continue to practice in the court of common
14 pleas or in that division of the court of common pleas and the
15 Philadelphia Municipal Court which substantially includes the
16 practice for which such person was previously specially
17 admitted.
18 § 2524. Penalty for unauthorized practice of law.
19 Any person who within this Commonwealth shall practice law,
20 or who shall hold himself out to the public as being entitled to
21 practice law, or use or advertise the title of lawyer, attorney-
22 at-law, attorney and counsellor-at-law, counsellor, or the
23 equivalent in any language, in such a manner as to convey the
24 impression that he is a practitioner of the law of any
25 jurisdiction, without being an attorney-at-law or a corporation
26 complying with the act of July 9, 1970 (P.L.461, No.160), known
27 as the "Professional Corporation Law," is guilty of COMMITS a <--
28 misdemeanor of the third degree.
29 § 2525. Unauthorized solicitation prohibited.
30 (a) Offense defined.--Any person not an attorney-at-law who
19750S0935B1679 - 119 -
1 shall solicit or procure through solicitation a retainer, power
2 of attorney or any agreement, written or oral, authorizing an
3 attorney-at-law to perform or render legal services, or who
4 shall solicit any person in this Commonwealth to institute any
5 action or proceeding for damages in which the compensation of
6 any attorney-at-law for instituting or prosecuting such suit,
7 shall directly or indirectly, depend upon the amount of the
8 recovery therein, is guilty of COMMITS a misdemeanor of the <--
9 third degree.
10 (b) Exception.--Subsection (a) shall not prohibit any bona
11 fide labor organization from giving legal advice to its members
12 in matters arising out of their employment or prohibit any
13 person from engaging in any associational activity which is
14 protected under the Constitution of the United States.
15 CHAPTER 27
16 OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS
17 Subchapter
18 A. General Provisions
19 B. Prothonotaries
20 C. Clerks of the Courts
21 D. Clerks of Orphans' Court Divisions
22 SUBCHAPTER A
23 GENERAL PROVISIONS
24 Sec.
25 2701. Scope and purpose of chapter.
26 2702. Place of filing of documents.
27 2703. Notice of transfer of functions and duties.
28 2704. Responsibility for entry, maintenance and certification
29 of data.
30 § 2701. Scope and purpose of chapter.
19750S0935B1679 - 120 -
1 (a) Purpose.--The purpose of this chapter is to facilitate
2 the prompt, fair and efficient administration of justice by
3 specifying the respective powers and duties of prothonotaries,
4 clerks of the courts and clerks of orphans' court divisions.
5 (b) Effect of other provisions of law.--The provisions of
6 this chapter shall be subject to any inconsistent statute, home
7 rule charter or optional plan of government, and to any
8 inconsistent general rule or rule of court heretofore or
9 hereafter adopted pursuant to and subject to the limitations of
10 constitutional authority.
11 § 2702. Place of filing of documents.
12 Where jurisdiction of any matter is by law vested in a court
13 of common pleas or in the Philadelphia Municipal Court, all
14 applications for relief or other documents relating to the
15 matter shall be filed in or transferred to the office of the
16 clerk of the court of common pleas and handled by the
17 appropriate office specified by or pursuant to this chapter.
18 § 2703. Notice of transfer of functions and duties.
19 Whenever pursuant to this chapter an officer files a waiver
20 of any functions and duties ordinarily incident to his office,
21 the order of court appointing another officer or other person to
22 perform such functions and duties entered pursuant to this
23 chapter shall not be valid for any purpose until filed in the
24 Administration ADMINISTRATIVE Office. The Administration <--
25 ADMINISTRATIVE Office shall cause all such orders to be <--
26 published in the Pennsylvania Code.
27 § 2704. Responsibility for entry, maintenance and certification
28 of data.
29 The prothonotary, clerk of the courts and clerks of CLERK OF <--
30 THE orphans' court divisions DIVISION shall be responsible for <--
19750S0935B1679 - 121 -
1 the accurate and timely creation, maintenance and certification
2 of the record of matters pending before or determined by the
3 courts of common pleas and the Philadelphia Municipal Court,
4 including data and reports relating thereto.
5 SUBCHAPTER B
6 PROTHONOTARIES
7 Sec.
8 2731. Prothonotary.
9 2732. Selection of prothonotary.
10 2733. Seal.
11 2734. Office of the prothonotary.
12 2735. Staff.
13 2736. Matters or documents filed in the office of the
14 prothonotary.
15 2737. Powers and duties of the office of the prothonotary.
16 2738. Criminal, probate, estates and fiduciary matters.
17 § 2731. Prothonotary.
18 (a) General rule.--In each county of this Commonwealth there
19 shall be one prothonotary for the court of common pleas, who
20 shall be known as the "Prothonotary of (the respective) County."
21 (b) Multi-county judicial districts.--In multi-county
22 judicial districts the prothonotary shall be the prothonotary of
23 the branch of the court of common pleas established for the
24 county.
25 (c) Philadelphia.--In the first judicial district there
26 shall be one prothonotary for the Court of Common Pleas of
27 Philadelphia County and the Philadelphia Municipal Court, who
28 shall be known as the "Prothonotary of Philadelphia."
29 § 2732. Selection of prothonotary.
30 (a) General rule.--The prothonotary of each county shall be
19750S0935B1679 - 122 -
1 selected, and may be removed, in the manner provided by the act
2 of July 28, 1953 (P.L.723, No.230), known as the "Second Class
3 County Code," or the act of August 9, 1955 (P.L.323, No.130),
4 known as "The County Code," as the case may be.
5 (b) Philadelphia.--The Prothonotary of Philadelphia shall be
6 appointed by the Court of Common Pleas of Philadelphia County.
7 § 2733. Seal.
8 The prothonotary shall have custody of a counterpart of the
9 seal of the court or courts for which he is the prothonotary.
10 § 2734. Office of the prothonotary.
11 (a) General rule.--There shall be an office of the
12 prothonotary in each county of this Commonwealth, which shall be
13 the office of the prothonotary of the county. It shall be
14 supervised by the prothonotary of the county who shall, either
15 personally, by deputy or by other duly authorized employees OR <--
16 AGENTS of the office, exercise the powers, and perform the
17 duties by law VESTED IN AND imposed upon the prothonotary or the <--
18 office of the prothonotary.
19 (b) Facilities and services.--The office of the prothonotary
20 shall be provided with all necessary accommodations, goods and
21 services pursuant to section 3722 (relating to general
22 facilities and services furnished by county).
23 § 2735. Staff.
24 (a) General rule.--The prothonotary may appoint and remove
25 such deputies and other administrative staff of the office of
26 the prothonotary as may be necessary.
27 (b) Solicitor.--The prothonotary may appoint and remove a
28 solicitor, who shall be a member of the bar of the Supreme
29 Court. The solicitor shall advise upon all legal matters that
30 may be submitted by the prothonotary to him, and shall conduct
19750S0935B1679 - 123 -
1 any litigation when required to do so by the prothonotary.
2 (c) Compensation and duties.--The prothonotary, EXCEPT AS <--
3 OTHERWISE PROVIDED BY STATUTE OR HOME RULE CHARTER OR OPTIONAL
4 PLAN OF GOVERNMENT, may fix the compensation and duties of the
5 staff of the office of the prothonotary. Where the compensation
6 of the staff of the office of the prothonotary is fixed by a
7 county salary board, the prothonotary shall be a member of the
8 salary board for such purpose.
9 § 2736. Matters or documents filed in the office of the
10 prothonotary.
11 All matters or documents required or authorized to be filed
12 in the office of the clerk of the court of common pleas shall be
13 filed in the office of the prothonotary except:
14 (1) Matters or documents specified in section 2756
15 (relating to matters or documents filed in the office of the
16 clerk of the courts).
17 (2) Matters or documents specified in section 2776
18 (relating to matters or documents filed in the office of the
19 clerk of the orphans' court division).
20 § 2737. Powers and duties of the office of the prothonotary.
21 The office of the prothonotary shall have the power and duty
22 to:
23 (1) Administer oaths and affirmations and take
24 acknowledgments pursuant to section 327 (relating to oaths
25 and acknowledgments), but shall not be compelled to do so in
26 any matters not pertaining to the proper business of the
27 office.
28 (2) Affix and attest the seal of the court or courts to
29 all the process thereof and to the certifications and
30 exemplifications of all documents and records pertaining to
19750S0935B1679 - 124 -
1 the office of the prothonotary and the business of the court
2 or courts of which it is the prothonotary.
3 (3) Enter all civil judgments.
4 (4) Enter all satisfactions of civil judgments.
5 (5) Exercise the authority of the prothonotary as an
6 officer of the court.
7 (6) Exercise such other powers and perform such other
8 duties as may now or hereafter be VESTED IN OR imposed upon <--
9 the office by law, home rule charter, order or rule of court,
10 or ordinance of a county governed by a home rule charter or
11 optional plan of government.
12 § 2738. Criminal, probate, estates and fiduciary matters.
13 (a) General rule.--The personnel of the office of the
14 prothonotary shall exercise the powers and perform the duties
15 VESTED IN OR imposed upon the office of the clerk of the court <--
16 of common pleas by:
17 (1) Subchapter C (relating to clerks of the courts)
18 where no separate clerk of the courts is authorized for the
19 county.
20 (2) Subchapter D (relating to clerks of the orphans' <--
21 court division DIVISIONS) where no separate clerk of the <--
22 orphans' court division is authorized for the county.
23 (b) Criminal matters.--Except as provided in subsection
24 (a)(1), the office of the prothonotary shall not exercise the
25 powers and perform the duties of the office of the clerk of the
26 courts.
27 (c) Probate, estates and fiduciary matters.--Except as
28 provided in subsection (a)(2), the office of the prothonotary
29 shall not exercise the powers and perform the duties of the
30 office of the clerk of the orphans' court division.
19750S0935B1679 - 125 -
1 SUBCHAPTER C
2 CLERKS OF THE COURTS
3 Sec.
4 2751. Clerk of the courts.
5 2752. Selection of clerk of the courts.
6 2753. Seal
7 2754. Office of the clerk of the courts.
8 2755. Staff.
9 2756. Matters or documents filed in the office of the clerk of
10 the courts.
11 2757. Powers and duties of the office of the clerk of the
12 courts.
13 § 2751. Clerk of the courts.
14 (a) General rule.--In each county of this Commonwealth there
15 shall be a clerk of the courts for the court of common pleas who
16 shall be known as the "Clerk of the Courts of (the respective)
17 County."
18 (b) Multi-county judicial districts.--In multi-county
19 judicial districts the clerk of the courts shall be the clerk of
20 the court COURTS of the branch of the court of common pleas <--
21 established for the county.
22 (c) Philadelphia.--In the first judicial district there
23 shall be a clerk of the courts for the Court of Common Pleas of
24 Philadelphia County and the Philadelphia Municipal Court, who
25 shall be known as the "Clerk of Quarter Sessions of
26 Philadelphia."
27 § 2752. Selection of clerk of the courts.
28 (a) General rule.--The clerk of the courts of each county
29 shall be selected, and may be removed, in the manner provided by
30 the act of July 28, 1953 (P.L.723, No.280), known as the "Second
19750S0935B1679 - 126 -
1 Class County Code" or the act of August 9, 1955 (P.L.323,
2 No.130), known as "The County Code," as the case may be. The
3 office shall be combined with another county office when so
4 provided by statute.
5 (b) Philadelphia.--The Clerk of Quarter Sessions of
6 Philadelphia shall be selected, and may be removed, in the
7 manner provided by statute or home rule charter.
8 § 2753. Seal.
9 The clerk of the courts shall have custody of a counterpart
10 of the seal of the court or courts for which he is the clerk of
11 the courts.
12 § 2754. Office of the clerk of the courts.
13 (a) General rule.--There shall be an office of the clerk of
14 the courts in each county of this Commonwealth, which shall be
15 the office of the clerk of the courts of the county. It shall be
16 supervised by the clerk of the courts of the county who shall,
17 either personally, by deputy, or by other duly authorized
18 employees OR AGENTS of the office, exercise the powers and <--
19 perform the duties by law VESTED IN AND imposed upon the clerk <--
20 of the courts or by the office of the clerk of the courts. <--
21 (b) Facilities and services.--The office of the clerk of the
22 courts shall be provided with all necessary accommodations,
23 goods and services pursuant to section 3722 (relating to general
24 facilities and services furnished by county).
25 § 2755. Staff.
26 (a) General rule.--The clerk of the courts may appoint and
27 remove such deputies and other administrative staff of the
28 office of the clerk of the courts as may be necessary.
29 (b) Solicitor.--The clerk of the courts may appoint and
30 remove a solicitor, who shall be a member of the bar of the
19750S0935B1679 - 127 -
1 Supreme Court. The solicitor shall advise upon all legal matters
2 that may be submitted by the clerk of the courts to him, and
3 shall conduct any litigation when required to do so by the clerk
4 of the courts.
5 (c) Compensation and duties.--The clerk of the courts,
6 EXCEPT AS OTHERWISE PROVIDED BY STATUTE OR HOME RULE CHARTER OR <--
7 OPTIONAL PLAN OF GOVERNMENT, may fix the compensation and duties
8 of the staff of the office of the clerk of the courts. Where the
9 compensation of the staff of the office of the clerk of the
10 courts is fixed by a county salary board, the clerk of the
11 courts shall be a member of the salary board for such purpose.
12 § 2756. Matters or documents filed in the office of the clerk
13 of the courts.
14 (a) General rule.--All applications for relief or other
15 documents relating to the following matters shall be filed in or
16 transferred to the office of the clerk of the courts:
17 (1) Criminal matters including all related motions and
18 filings.
19 (2) Road, liquor, municipal and other miscellaneous
20 civil matters formerly within the jurisdiction of the Courts
21 of Oyer and Terminer, General Jail Delivery, and Quarter
22 Sessions of the Peace.
23 (3) Other matters to the extent provided by law or the
24 local ordinance or resolution creating or recognizing the
25 cause of action.
26 (b) Exceptions.--
27 (1) Subsection (a)(2) and (3) shall not be applicable in
28 the fifth judicial district.
29 (2) The clerk of the courts of any county may file in
30 the office of the prothonotary of the county and in the
19750S0935B1679 - 128 -
1 Administrative Office a written waiver of all or any part of
2 subsection (a)(2) and (3), whereupon the provisions so waived
3 shall not be applicable in the county.
4 § 2757. Powers and duties of the office of the clerk of the
5 courts.
6 The office of the clerk of the courts shall have the power
7 and duty to:
8 (1) Administer oaths and affirmations and take
9 acknowledgments pursuant to section 327 (relating to oaths
10 and acknowledgments), but shall not be compelled to do so in
11 any matter not pertaining to the proper business of the
12 office.
13 (2) Affix and attest the seal of the court or courts to
14 all the process thereof and to the certifications and
15 exemplifications of all documents and records pertaining to
16 the office of the clerk of the courts and the business of the
17 court or courts of which it is the clerk of the courts.
18 (3) Enter all criminal judgments.
19 (4) Exercise the authority of the clerk of the courts as
20 an officer of the court.
21 (5) Exercise such other powers and perform such other
22 duties as may now or hereafter be VESTED IN OR imposed upon <--
23 the office by law, home rule charter, order or rule of court,
24 or ordinance of a county governed by a home rule charter or
25 optional plan of government.
26 SUBCHAPTER D
27 CLERKS OF ORPHANS' COURT DIVISIONS
28 Sec.
29 2771. Clerk of the orphans' court division.
30 2772. Selection of clerk of the orphans' court division.
19750S0935B1679 - 129 -
1 2773. Seal.
2 2774. Office of the clerk of the orphans' court division.
3 2775. Staff.
4 2776. Matters or documents filed in the office of the clerk of
5 the orphans' court division.
6 2777. Powers and duties of the office of the clerk of the
7 orphans' court division.
8 § 2771. Clerk of the orphans' court division.
9 (a) General rule.--In each county of this Commonwealth there
10 shall be one clerk of the orphans' court division, who shall be
11 known as the "Clerk of the Orphans' Court Division of the Court
12 of Common Pleas of (the respective) County."
13 (b) Multi-county judicial districts.--In multi-county
14 judicial districts the clerk of the orphans' court division
15 shall be the clerk of the orphans' court division of the branch
16 of the court of common pleas established for the county.
17 § 2772. Selection of clerk of the orphans' court division.
18 (a) General rule.--The clerk of the orphans' court division
19 of each county shall be selected, and may be removed, in the
20 manner provided by the act of July 28, 1953 (P.L.723, No.230),
21 known as the "Second Class County Code," or the act of August 9,
22 1955 (P.L.323, No.130), known as "The County Code," as the case
23 may be. The office shall be combined with another county office
24 when so provided by statute.
25 (b) Philadelphia.--The Register of Wills of Philadelphia
26 shall serve ex officio as Clerk of the Orphans' Court Division
27 of the Court of Common Pleas of Philadelphia County.
28 § 2773. Seal.
29 The clerk of the orphans' court division shall have custody
30 of a counterpart of the seal of the court for which he is the
19750S0935B1679 - 130 -
1 clerk of the orphans' court division.
2 § 2774. Office of the clerk of the orphans' court division.
3 (a) General rule.--There shall be an office of the clerk of
4 the orphans' court division in each county of this Commonwealth,
5 which shall be the office of the clerk of the orphans' court
6 division of the county. It shall be supervised by the clerk of
7 the orphans' court division of the county who shall, either
8 personally, by deputy, or by other duly authorized employees OR <--
9 AGENTS of the office, exercise the powers, and perform the
10 duties by law VESTED IN AND imposed upon the clerk of the <--
11 orphans' court division or the office of the clerk of the
12 orphans' court division.
13 (b) Facilities and services.--The office of the clerk of the
14 orphans' court division shall be provided with all necessary
15 accommodations, goods and services pursuant to section 3722
16 (relating to general facilities and services furnished by
17 county).
18 § 2775. Staff.
19 (a) General rule.--The clerk of the orphans' court division,
20 WITH THE CONSENT AND APPROVAL OF THE COURT, may appoint and <--
21 remove such deputies and other administrative staff of the
22 office as may be necessary.
23 (b) Solicitor.--The clerk of the orphans' court division,
24 WITH THE CONSENT AND APPROVAL OF THE COURT, may appoint and <--
25 remove a solicitor, who shall be a member of the bar of the
26 Supreme Court. The solicitor shall advise upon all legal matters
27 that may be submitted by the clerk of the orphans' court
28 division to him, and shall conduct any litigation when required
29 to do so by the clerk of the orphans' court division.
30 (c) Compensation and duties.--The clerk of the orphans'
19750S0935B1679 - 131 -
1 court division, except as otherwise provided by statute or home
2 rule charter or optional plan of government, may fix the
3 compensation and duties of the staff of the office of the clerk
4 of the orphans' court division. Where the compensation of the
5 staff of the office of the clerk of the orphans' court division
6 is fixed by a county salary board, the clerk of the orphans'
7 court division shall be a member of the salary board for such
8 purpose.
9 § 2776. Matters or documents filed in the office of the clerk
10 of the orphans' court division.
11 All matters to be heard or determined in the orphans' court
12 division of a court of common pleas shall be filed in or
13 transferred to the office of the clerk of the orphans' court
14 division.
15 § 2777. Powers and duties of the office of the clerk of the
16 orphans' court division.
17 The office of the clerk of the orphans' court division shall
18 have the power and duty to:
19 (1) Administer oaths and affirmations and take
20 acknowledgments pursuant to section 327 (relating to oaths
21 and acknowledgments), but shall not be compelled to do so in
22 any matter not pertaining to the proper business of the
23 office.
24 (2) Affix and attest the seal of the court to all the
25 process thereof and to the certifications and
26 exemplifications of all documents and records pertaining to
27 the office of the clerk of the orphans' court division and
28 the business of the division.
29 (3) Enter all orders of the court determined in the
30 division.
19750S0935B1679 - 132 -
1 (4) Enter all satisfactions of judgments entered in the
2 office.
3 (5) Exercise the authority of the clerk of the orphans'
4 court division as an officer of the court.
5 (6) Exercise such other powers and perform such other
6 duties as may now or hereafter be VESTED IN OR imposed upon <--
7 the office by law, home rule charter, order or rule of court,
8 or ordinance of a county governed by a home rule charter, or
9 optional plan of government.
10 PART III
11 SELECTION, RETENTION AND REMOVAL OF JUDICIAL OFFICERS
12 Chapter
13 31. Selection and Retention of Judicial Officers
14 33. Discipline, Removal and Retirement of Judicial Officers
15 CHAPTER 31
16 SELECTION AND RETENTION OF JUDICIAL OFFICERS
17 Subchapter
18 A. Qualifications Generally
19 B. Qualifications of Certain Minor Judiciary
20 C. Selection of Judicial Officers
21 D. Tenure and Compensation
22 SUBCHAPTER A
23 QUALIFICATIONS GENERALLY
24 Sec.
25 3101. Qualifications of judicial officers generally.
26 § 3101. Qualifications of judicial officers generally.
27 (a) Judges and district justices.--Judges and district
28 justices shall be citizens of this Commonwealth. Judges, except
29 judges of the Pittsburgh Magistrates Court and the Traffic Court
30 of Philadelphia, shall be members of the bar of the Supreme
19750S0935B1679 - 133 -
1 Court. Judges of the Supreme, Superior and Commonwealth Courts,
2 for a period of one year preceding their election or appointment
3 and during their continuance in office, shall reside within this
4 Commonwealth. Other judges and district justices, for a period
5 of one year preceding their election or appointment and during
6 their continuance in office, shall reside within their
7 respective districts, except when temporarily assigned to
8 another district pursuant to law.
9 (b) Appointive judicial officers.--Appointive judicial
10 officers shall have such qualifications as may be provided or
11 prescribed by law.
12 SUBCHAPTER B
13 QUALIFICATIONS OF CERTAIN MINOR JUDICIARY
14 Sec.
15 3111. Definitions.
16 3112. Course of instruction and examination required.
17 3113. Content of course of instruction and examination.
18 3114. Admission of interested persons.
19 3115. Certification of successful completion of course.
20 3116. Effect of failure to obtain certificate.
21 3117. Expenses.
22 3118. Rules and regulations.
23 § 3111. Definitions.
24 The following words and phrases when used in this subchapter
25 shall have, unless the context clearly indicates otherwise, the
26 meanings given to them in this section:
27 "Board." The board existing under Subchapter D of Chapter 21
28 (relating to Minor Judiciary Education Board).
29 "Department." The Department of Education.
30 "Judge." A judge of the Pittsburgh Magistrates Court or the
19750S0935B1679 - 134 -
1 Traffic Court of Philadelphia.
2 § 3112. Course of instruction and examination required.
3 District justices and judges who are not members of the bar
4 of the Supreme Court shall complete a course of training and
5 instruction in the duties of their respective offices and pass
6 an examination prior to assuming office.
7 § 3113. Content of course of instruction and examination.
8 (a) General rule.--The board shall prescribe and approve the
9 subject matter and the examination for the course of training
10 and instruction required by this subchapter. The department
11 shall serve as the administrative staff of the board and in such <--
12 capacity shall, subject to the direction of the board,
13 administer the course of training and instruction and conduct
14 the examination. The department shall conduct the course and
15 examination at such times, at such places and in such manner as
16 the regulations of the board may prescribe. The board shall make
17 the course of instruction available at such times so as to
18 insure that any district justice or judge elected or appointed
19 may qualify to assume office as soon as possible.
20 (b) Content of course.--The course of training and
21 instruction shall not exceed four weeks in duration and shall
22 consist of a minimum of 40 hours of class instruction in civil
23 and criminal law, including evidence and procedure, in the case
24 of all such officials except judges of the Traffic Court of
25 Philadelphia, in which case it shall consist of a minimum of 20
26 hours of class instruction in summary proceedings and laws
27 relating to motor vehicles. Where it is economically unfeasible
28 to conduct a class, the department shall provide equivalent
29 instruction by correspondence.
30 § 3114. Admission of interested persons.
19750S0935B1679 - 135 -
1 In addition to those required by this subchapter to complete
2 the course of training and instruction and successfully pass an
3 examination prior to assuming office, any interested person may
4 apply to the department to be enrolled in the course of
5 instruction and take the examination. Any such interested person
6 who successfully completes the course and passes the
7 examination, and who subsequently is elected or appointed to the
8 office of district justice or judge may secure a certificate
9 from the department as provided in section 3115 (relating to
10 certification of successful completion of course) without again
11 taking the course of training and instruction and passing the
12 examination required by this subchapter.
13 § 3115. Certification of successful completion of course.
14 Upon the successful completion of the course of training and
15 instruction and examination, the department shall issue to a
16 person elected or appointed as a district justice or judge a
17 certificate in the form prescribed by the board, certifying that
18 such person is qualified to perform his duties as required by
19 the Constitution of Pennsylvania. Such certificate shall be
20 filed in the office of the clerk of the court of common pleas of
21 the judicial district embracing the district to be served by the
22 district justice or judge.
23 § 3116. Effect of failure to obtain certificate.
24 In the event that any district justice or judge fails to file
25 the certificate provided for by section 3115 (relating to
26 certification of successful completion of course) in the manner
27 therein provided within nine months after his election or
28 appointment, his office shall become vacant, and such vacancy
29 shall be filled as provided in this chapter.
30 § 3117. Expenses.
19750S0935B1679 - 136 -
1 (a) District justices and judges.--The course of training
2 and instruction required of district justices and judges by this
3 subchapter shall be provided at the expense of the Commonwealth.
4 Any person elected or appointed to the office of district
5 justice or judge shall receive such per diem and expenses for
6 each day of actual attendance at class instruction as shall be
7 fixed by the governing authority. Until such person has
8 successfully completed the course of training and instruction
9 and passed the examination, he shall not receive any salary from
10 the Commonwealth.
11 (b) Other persons.--Any other person who, within two years
12 of the date of his successful completion of the examination, is
13 elected or appointed to the office of district justice or judge,
14 shall be reimbursed for his expenses as though he had been
15 eligible to receive such expenses at the time he was enrolled in
16 the course of training and instruction.
17 § 3118. Rules and regulations.
18 The department shall have the power to promulgate, with the
19 approval of the board, such rules and regulations as are
20 necessary to carry out its duties under this subchapter.
21 SUBCHAPTER C
22 SELECTION OF JUDICIAL OFFICERS
23 Sec.
24 3131. Selection of judicial officers for regular terms.
25 3132. Vacancies in office.
26 3133. Commonwealth Court judges.
27 3134. Community Court judges.
28 3135. Increase in number of judges.
29 § 3131. Selection of judicial officers for regular terms.
30 (a) Judges and district justices generally.--Except as
19750S0935B1679 - 137 -
1 provided in subsection (d) judges and district justices shall be
2 elected for a regular term of office at the municipal election
3 next preceding the commencement of their respective regular
4 terms of office by the electors of this Commonwealth or the
5 respective districts in which they are to serve.
6 (b) Retention election.--Any of the following:
7 (1) a person elected to the Philadelphia Municipal Court
8 pursuant to this section, or corresponding provisions of
9 prior law, who becomes a judge of the Community Court of
10 Philadelphia County pursuant to section 3321(b)(1) (relating
11 to establishment of community courts);
12 (2) a person elected to the Community Court of
13 Philadelphia County pursuant to this section who becomes a
14 judge of the Philadelphia Municipal Court pursuant to section
15 3322(b) (relating to discontinuance of community courts); or
16 (3) a person appointed to the Commonwealth Court
17 pursuant to the former provisions of section 3(a) of the act
18 of January 6, 1970 (P.L.434, No.185), known as "The
19 Commonwealth Court Act";
20 may file a declaration for candidacy for retention election with
21 the Secretary of the Commonwealth on or before the first Monday
22 of January of the year preceding the year in which his term of
23 office expires. If no declaration if filed, a vacancy shall
24 exist upon the expiration of the term of office of such judge,
25 to be filled by election under subsection (c). If a judge files
26 a declaration, his name shall be submitted to the electors
27 without party designation, as a separate judicial question or in
28 a separate column or line on voting machines, at the municipal
29 election immediately preceding the expiration of the term of
30 office of the judge, to determine only the question whether he
19750S0935B1679 - 138 -
1 shall be retained in office. If a majority is against retention,
2 a vacancy shall exist upon the expiration of his term of office,
3 to be filled by appointment under section 3132(a) (relating to
4 vacancies in office). If a majority favors retention, the judge
5 shall serve for a regular term of office provided for in section
6 3152 (relating to tenure of judicial officers), unless sooner
7 removed or retired. At the expiration of such regular term such
8 judge shall be eligible for retention as provided in section
9 3153 (relating to retention elections), subject only to the
10 retirement provisions of this part. Section 3133 (relating to
11 Commonwealth Court judges) shall not be applicable to an
12 election conducted pursuant to this subsection.
13 (c) Other elections.--Except as provided in subsection (b)
14 judges and district justices shall be elected as provided in the
15 act of June 3, 1937 (P.L.1333, No.320), known as the
16 "Pennsylvania Election Code."
17 (d) Pittsburgh Magistrates Court.--The judges of the
18 Pittsburgh Magistrates Court shall be appointed by the Mayor of
19 the City of Pittsburgh with the advice and consent of the
20 Council of the City of Pittsburgh. All of such judges shall not
21 be of the same political party.
22 (e) Appointive judicial officers.--Subject to any
23 inconsistent general rules or other inconsistent provisions of
24 law, appointive judicial officers shall be appointed and their
25 duties shall be fixed by the court in which they are to serve.
26 § 3132. Vacancies in office.
27 (a) General rule.--Except as provided in subsection (b), a
28 vacancy in the office of judge or district justice shall be
29 filled by appointment by the Governor. If the vacancy occurs <--
30 during the session of the Senate, the THE appointment shall be <--
19750S0935B1679 - 139 -
1 with the advice and consent of two-thirds of the members elected
2 to the Senate, except in the case of district justices which
3 shall be by a majority. If the vacancy occurs during sine die <--
4 adjournment of the Senate such appointment shall not require the
5 advice and consent of the Senate. The person so appointed shall
6 serve for an initial term ending on the first Monday of January
7 following the next municipal election more than ten months after
8 the vacancy occurs.
9 (b) Pittsburgh Magistrates Court.--A vacancy in the office
10 of judge of the Pittsburgh Magistrates Court shall be filled as
11 provided in section 3131(d) (relating to Pittsburgh Magistrates
12 Court).
13 (c) Retention vacancies.--The provisions of subsection (a)
14 shall not apply either in the case of a vacancy to be filled by
15 retention election as provided in section 3131(b) (relating to
16 retention election) or section 3153 (relating to retention
17 elections) or in case of a vacancy created by failure of a judge
18 to file a declaration for retention election as provided in
19 section 3131(b) or section 3153.
20 (d) Vacancies following initial term.--In case of a vacancy
21 occurring at the expiration of an appointive term under
22 subsection (a), the vacancy shall be filled by election as
23 provided in section 3131 (relating to selection of judicial
24 officers for regular terms).
25 § 3133. Commonwealth Court judges.
26 Whenever two or more judges of the Commonwealth Court are to
27 be elected pursuant to section 3131(c) (relating to selection of
28 judicial officers for regular terms) at the same election, each
29 qualified elector shall vote for no more than:
30 (1) one-half of the number of judges to be elected, if
19750S0935B1679 - 140 -
1 the total number to be elected is even; or
2 (2) the smallest number constituting a majority of the
3 total number of judges to be elected, if the total number to
4 be elected is odd.
5 The persons having the highest number of votes, up to the total
6 number of judges to be elected, shall be elected.
7 § 3134. Community Court judges.
8 If the electors approve the establishment of a community
9 court at the primary election in a municipal election year, the
10 first judges of the court shall be elected at that municipal
11 election. The nominees for election shall be determined in the
12 same manner as is then provided for by law in the case of
13 substitution of nominees where a nominee for a judge of the
14 court of common pleas has died subsequent to a primary election.
15 If the electors approve the establishment of a community court
16 at the primary election in a general election year, the first
17 judges of the court shall be nominated at the primary election
18 preceding the next following municipal election and shall be
19 elected at such municipal election.
20 § 3135. Increase in number of judges.
21 Whenever the number of judges of a court is increased by
22 statute, unless otherwise expressly provided by statute, the
23 additional judicial positions thereby created shall be deemed to
24 be vacancies occurring on the effective date of the statute, and
25 shall be filled in the manner and for the initial term provided
26 in this chapter for other vacancies on such court.
27 SUBCHAPTER D
28 TENURE AND COMPENSATION
29 Sec.
30 3151. Oath of office.
19750S0935B1679 - 141 -
1 3152. Tenure of judicial officers.
2 3153. Retention elections.
3 3154. Compensation of judicial officers.
4 § 3151. Oath of office.
5 Each judicial officer shall, before entering on the duties of
6 his office, take and subscribe the following oath or affirmation
7 before a person authorized to administer oaths:
8 "I do solemnly swear (or affirm) that I will support,
9 obey and defend the Constitution of the United States and the
10 Constitution of this Commonwealth and that I will discharge
11 the duties of my office with fidelity."
12 Any person refusing to take the oath or affirmation shall
13 forfeit his office. A judicial officer shall be sworn upon his
14 appointment or election, and after each retention election, and
15 thereafter need not be sworn in any matter referred to him.
16 § 3152. Tenure of judicial officers.
17 (a) Judges and district justices.--The regular term of
18 office of judges and district justices shall be as follows:
19 (1) Judges of the Philadelphia Municipal Court and the
20 Traffic Court of Philadelphia--Six years.
21 (2) Judges of the Pittsburgh Magistrates Court--For the
22 term of the mayor appointing them, but subject to removal by
23 him, and until a successor shall be appointed and confirmed.
24 (3) All other judges--Ten years.
25 (4) District justices--Six years.
26 (b) Effect of changes.--The tenure of any judge shall not be
27 affected by changes in judicial districts or by reduction in the
28 number of judges. Where a multi-county judicial district is
29 divided by statute into two or more districts or where a county
30 is transferred by statute from one judicial district to another,
19750S0935B1679 - 142 -
1 a judge shall continue to be or shall become a judge of that
2 judicial district which embraces the county of his residence at
3 the effective date of the change.
4 (c) Appointive judicial officers.--Except as otherwise
5 provided as OR prescribed by law, appointive judicial officers <--
6 shall hold office at the pleasure of the appointing authority.
7 § 3153. Retention elections.
8 (A) General rule.--A judge elected under section 3131 <--
9 (relating to selection of judicial officers for regular terms)
10 or retained under this section may file a declaration of
11 candidacy for retention election with the Secretary of the
12 Commonwealth on or before the first Monday of January of the
13 year preceding the year in which his term of office expires. If
14 no declaration is filed, a vacancy shall exist upon the
15 expiration of the term of office of such judge, to be filled by
16 election under section 3131(c).
17 (b) Judicial ballot.--If a judge files a declaration, his
18 name shall be submitted to the electors without party
19 designation, as a separate judicial question or in a separate
20 column or line on voting machines, at the municipal election
21 immediately preceding the expiration of the term of office of
22 the judge, to determine only the question whether he shall be
23 retained in office.
24 (c) Results of election.--If a majority is against
25 retention, a vacancy shall exist upon the expiration of his term
26 of office, to be filled by appointment under section 3132(a)
27 (relating to vacancies in office). If a majority favors
28 retention, the judge shall serve for the regular term of office
29 provided for in section 3152 (relating to tenure of judicial
30 officers), unless sooner removed or retired. At the expiration
19750S0935B1679 - 143 -
1 of each term a judge shall be eligible for retention as provided
2 in this section, subject only to the retirement provisions of
3 this part.
4 § 3154. Compensation of judicial officers.
5 (a) Judges and district justices.--Judges and district
6 justices shall be compensated in the amount fixed by or pursuant
7 to statute out of funds appropriated to the unified judicial
8 system. Their compensation shall not be diminished during their
9 terms of office, unless by law applying generally to all
10 salaried officers of the Commonwealth.
11 (b) Appointive judicial officers.--Except as otherwise
12 expressly provided by statute:
13 (1) The compensation of appointive judicial officers
14 whose compensation has heretofore by law been fixed by the
15 county salary board, by the county staff or by other
16 officers, other than judges, elected by the electorate of a
17 county, shall continue to be fixed in the same manner and by
18 the same authority.
19 (2) The compensation of all other appointive judicial
20 officers shall, except as otherwise provided PRESCRIBED by <--
21 the governing authority, be fixed by the appointing
22 authority.
23 CHAPTER 33
24 DISCIPLINE, REMOVAL AND RETIREMENT OF JUDICIAL OFFICERS
25 Subchapter
26 A. Standards of Conduct
27 B. Establishment and Discontinuance of Courts
28 C. Discipline and Removal by Judicial Inquiry and Review
29 Board
30 D. Retirement
19750S0935B1679 - 144 -
1 SUBCHAPTER A
2 STANDARDS OF CONDUCT
3 Sec.
4 3301. Constitutional restrictions.
5 3302. Additional restrictions.
6 3303. Additional compensation prohibited.
7 3304. Acting as collection agent or paid arbitrator prohibited.
8 3305. Automatic removal upon conviction or disbarment.
9 3306. Automatic removal upon nonjudicial candidacy.
10 3307. Automatic suspension of judicial officer under
11 impeachment.
12 § 3301. Constitutional restrictions.
13 Judges shall devote full time to their judicial duties, and
14 shall not engage in the practice of law, hold office in a
15 political party or political organization, or hold an office or
16 position of profit in the government of the United States, the
17 Commonwealth or any municipal corporation or political
18 subdivision thereof, except in the armed service of the United
19 States or the Commonwealth.
20 § 3302. Additional restrictions.
21 Judges shall not engage in any activity prohibited by this
22 subchapter or any other provision of law and shall not violate
23 any canon of ethics prescribed by general rule. District
24 justices and appointive judicial officers shall be governed by
25 rules or canons prescribed by general rule.
26 § 3303. Additional compensation prohibited.
27 No judicial officer shall be paid or accept for the
28 performance of any judicial duty or for any service connected
29 with his office, any fee, emolument or perquisite other than the
30 salary and expenses provided or prescribed by law.
19750S0935B1679 - 145 -
1 § 3304. Acting as collection agent or paid arbitrator
2 prohibited.
3 (a) Collection agent.--No judge or district justice shall
4 act as agent for a person in the collection of a claim or
5 judgment for money.
6 (b) Arbitrator.--No judge or district justice shall receive
7 any fee or emolument for performing the duties of an arbitrator.
8 § 3305. Automatic removal upon conviction or disbarment.
9 A judge or district justice convicted of misbehavior in
10 office by a court, disbarred as a member of the bar of the
11 Supreme Court or removed under Subchapter C (relating to
12 discipline and removal by Judicial Inquiry and Review Board)
13 shall forfeit automatically his judicial office and thereafter
14 be ineligible for judicial office.
15 § 3306. Automatic removal upon nonjudicial candidacy.
16 A judge who shall file for nomination for or election to any
17 public office other than a judicial office shall forfeit
18 automatically his judicial office.
19 § 3307. Automatic suspension of judicial officer under
20 impeachment.
21 No judge or district justice against whom impeachment
22 proceedings are pending in the Senate shall exercise any of the
23 duties of his office until he shall have been acquitted.
24 SUBCHAPTER B
25 ESTABLISHMENT AND DISCONTINUANCE OF COURTS
26 Sec.
27 3321. Establishment of community courts.
28 3322. Discontinuance of community courts.
29 § 3321. Establishment of community courts.
30 (a) General rule.--In a judicial district which establishes
19750S0935B1679 - 146 -
1 a community court, a person serving as a district justice at
2 such time:
3 (1) may complete his term exercising the jurisdiction
4 provided or prescribed by law and with the compensation
5 provided by or pursuant to statute; and
6 (2) upon completion of his term, his office is abolished
7 and no judicial function of the kind theretofore exercised by
8 a district justice shall thereafter be exercised other than
9 by the community court.
10 (b) Philadelphia.--If a community court is established in
11 the City and County of Philadelphia:
12 (1) The judges of the Philadelphia Municipal Court shall
13 become judges of the Community Court of Philadelphia County
14 and their tenure shall not be otherwise affected.
15 (2) The office of judge of the Traffic Court of
16 Philadelphia is abolished effective upon the establishment of
17 the community court.
18 (3) No jurisdiction of the kind theretofore exercised
19 exclusively by the municipal and traffic courts shall
20 thereafter be exercised other than by the community court.
21 § 3322. Discontinuance of community courts.
22 (a) General rule.--In a judicial district which discontinues
23 a community court, a person serving as a judge of the community
24 court at such time:
25 (1) may complete his term exercising the jurisdiction
26 provided or prescribed by law and with the compensation
27 provided by or pursuant to statute; and
28 (2) upon completion of his term, his office is abolished
29 and no judicial function of the kind theretofore exercised by
30 the community court shall thereafter be exercised other than
19750S0935B1679 - 147 -
1 by the court of common pleas and the district justices of the
2 judicial district.
3 (b) Philadelphia.--If the Community Court of Philadelphia
4 County is discontinued the judges of that court shall become
5 judges of the Philadelphia Municipal Court and their tenure
6 shall not be otherwise affected.
7 SUBCHAPTER C
8 DISCIPLINE AND REMOVAL BY
9 JUDICIAL INQUIRY AND REVIEW BOARD
10 Sec.
11 3331. Power of discipline or removal.
12 3332. Investigation and hearing.
13 3333. Recommendation to and action by Supreme Court.
14 3334. Proceedings confidential.
15 § 3331. Power of discipline or removal.
16 (a) Judges.--Under the procedure provided in this
17 subchapter, any judge may be suspended, removed from office or
18 otherwise disciplined for violation of Subchapter A (relating to
19 standards of conduct), misconduct in office, neglect of duty,
20 failure to perform his duties, or conduct which prejudices the
21 proper administration of justice or brings the judicial office
22 into disrepute and may be retired for disability seriously
23 interfering with the performance of his duties.
24 (b) District justices.--The suspension, removal, discipline
25 and compulsory retirement of district justices shall be governed
26 by general rule.
27 § 3332. Investigation and hearing.
28 (a) Investigation.--The Judicial Inquiry and Review Board
29 shall keep informed as to matters relating to grounds for
30 suspension, removal, discipline, or compulsory retirement of
19750S0935B1679 - 148 -
1 judges. It shall receive complaints or reports, formal or
2 informal, from any source pertaining to such matters, and shall
3 make such preliminary investigations as it deems necessary.
4 (b) Hearing.--The board, after such investigation, may order
5 a hearing concerning the suspension, removal, discipline or
6 compulsory retirement of a judge. The orders of the board for
7 attendance of or testimony by witnesses or for the production of
8 documents at any hearing or investigation shall be enforceable
9 by contempt proceedings.
10 (c) Privilege.--The filing of papers with and the giving of
11 testimony before the board shall be privileged.
12 § 3333. Recommendation to and action by Supreme Court.
13 (a) Recommendation by board.--If, after hearing, the
14 Judicial Inquiry and Review Board finds good cause therefor, it
15 shall recommend to the Supreme Court the suspension, removal,
16 discipline or compulsory retirement of the judge.
17 (b) Action by Supreme Court.--The Supreme Court shall review
18 the record of the proceedings of the board on the law and facts
19 and may permit the introduction of additional evidence. It shall
20 order suspension, removal, discipline or compulsory retirement,
21 or wholly reject the recommendation, as it finds just and
22 proper. Upon an order for compulsory retirement, the judge shall
23 be retired with the same rights and privileges as if he were
24 retired under Subchapter D of this chapter (relating to
25 retirement).
26 (c) Effect of order.--Upon an order for suspension or
27 removal, the judge shall be suspended or removed from office,
28 and his salary shall cease from the date of such order.
29 § 3334. Proceedings confidential.
30 All papers filed with and proceedings before the Judicial
19750S0935B1679 - 149 -
1 Inquiry and Review Board shall be confidential but upon being
2 filed by the board in the Supreme Court, the record shall lose
3 its confidential character.
4 SUBCHAPTER D
5 RETIREMENT
6 Sec.
7 3351. Automatic retirement on age.
8 3352. Pension rights.
9 § 3351. Automatic retirement on age.
10 Judges and district justices shall be retired upon attaining
11 the age of 70 years.
12 § 3352. Pension rights.
13 (a) General rule.--Former and retired judges and district
14 justices shall receive such compensation as shall be provided by
15 or pursuant to statute. No compensation shall be paid to any
16 judge or district justice who is suspended or removed from
17 office under Subchapter C (relating to discipline and removal by
18 Judicial Inquiry and Review Board) or under Article VI of the
19 Constitution of Pennsylvania.
20 (b) Definition.--As used in this section "former" means a
21 judge or district justice serving by appointment or election who
22 vacates his office upon the expiration of his term or who
23 resigns his office.
24 PART IV
25 FINANCIAL MATTERS
26 Chapter
27 35. Budget and Finance
28 37. Facilities and Supplies
29 CHAPTER 35
30 BUDGET AND FINANCE
19750S0935B1679 - 150 -
1 Subchapter
2 A. General Provisions
3 B. Judicial Department Budget and Finance
4 C. County Finance
5 D. Money Paid into Court
6 SUBCHAPTER A
7 GENERAL PROVISIONS
8 Sec.
9 3501. Definitions.
10 3502. Financial regulations.
11 3503. Penalties.
12 § 3501. Definitions.
13 Subject to additional definitions contained in subsequent
14 provisions of this part which are applicable to specific
15 provisions of this part, the following words and phrases, when
16 used in this part shall have, unless the context clearly
17 indicates otherwise, the meanings given to them in this section:
18 "Appropriated through the budget of the judicial department
19 to a political subdivision." Implies an appropriation direct
20 from the General Fund to the treasury of a political subdivision
21 under circumstances where, except as provided by section 3726
22 (relating to manner of expenditure of local funds), the manner
23 of the expenditure of the appropriation is within the control of
24 officers of the political subdivision and the judges of the
25 courts established for or embracing such political subdivision.
26 "Appropriated to the unified judicial system." Implies an
27 appropriation to the judicial department other than one
28 appropriated through the budget of the judicial department to a
29 political subdivision.
30 "Budget respondent." The courts, district justices, other
19750S0935B1679 - 151 -
1 agencies or units of the unified judicial system, the Director
2 of Finance of the City of Philadelphia, the county controllers
3 or county auditors of other counties of this Commonwealth, the
4 Treasurer of the City of Pittsburgh, and any other government
5 unit from which the Administrative Office is authorized to
6 obtain information relating to the budget of the Judicial
7 Department.
8 "Judicial and correctional functions." All of the following
9 functions:
10 (1) Organization and operation of courts and district
11 justices and all offices of system and related personnel.
12 (2) Organization and operation of penal, correctional
13 and probation facilities and services.
14 The term does not include any function relating to the detection
15 of crime, the apprehension of persons suspected of criminal
16 conduct (except in connection with the enforcement of bench
17 warrants, injunctions or other judicial orders in specific
18 matters), the maintenance of public peace or other police
19 functions.
20 § 3502. Financial regulations.
21 (a) General rule.--The governing authority may promulgate
22 regulations relating to forms and accounting methods to be
23 utilized in connection with funds appropriated to the unified
24 judicial system and all fees, costs, grants, moneys paid into
25 court and all other unappropriated funds handled by system and
26 related personnel other than county staff, defining for such
27 accounting purposes terms not otherwise defined in this title,
28 specifying the time and manner of making remittances and
29 disbursements of moneys by system and related personnel other
30 than county staff, and fixing bonding requirements of system and
19750S0935B1679 - 152 -
1 related personnel other than county staff.
2 (b) County staff.--The Department of Community Affairs, with
3 the approval of the governing authority, may promulgate
4 regulations relating to forms and accounting methods to be
5 utilized in connection with the judicial and correctional
6 accounts to be maintained pursuant to this part, defining for
7 accounting purposes terms not otherwise defined, used in this
8 part in connection with judicial and correctional accounts,
9 specifying the time and manner of making remittances and
10 disbursements of moneys under this part by county staff and
11 fixing bonding requirements of county staff handling moneys
12 which are subject to this part.
13 § 3503. Penalties.
14 Any person who fails to remit any fines, penalties,
15 forfeitures, fees, cash or other moneys received by him within
16 the time and in the manner specified by regulations promulgated
17 pursuant to section 3502 (relating to financial regulations) or
18 any person who wilfully violates any such regulations is guilty <--
19 of COMMITS a misdemeanor of the third degree. <--
20 SUBCHAPTER B
21 JUDICIAL DEPARTMENT BUDGET AND FINANCE
22 Sec.
23 3521. Development of budget information.
24 3522. Preparation of tentative budget request.
25 3523. Adoption of final budget request.
26 3524. Form of Judicial Department appropriation.
27 3525. List of employees to be furnished.
28 3526. Release of funds.
29 3527. Estimates of current expenditures by Administrative
30 Office.
19750S0935B1679 - 153 -
1 3528. Fiscal period.
2 3529. Audits of affairs of unified judicial system.
3 3530. Preparation of requisitions.
4 § 3521. Development of budget information.
5 (a) General rule.--The Administrative Office shall annually
6 obtain and prepare information for the preparation of a budget
7 for the Judicial Department within such time as to comply with
8 the requirements of section 601 of the act of April 9, 1929
9 (P.L.177, No.175), known as "The Administrative Code of 1929."
10 The Administrative Office shall distribute to the courts,
11 district justices, other agencies or units of the unified
12 judicial system, the Director of Finance of the City and County
13 of Philadelphia, the county controllers and county auditors of
14 other counties of this Commonwealth, and the Treasurer of the
15 City of Pittsburgh the proper blanks necessary for the
16 preparation of the budget estimates, with a request that such
17 blanks be returned with the information desired, not later than
18 a date specified by the Administrative Office. Such blanks shall
19 be in such form as shall be prescribed by the Administrative
20 Office to procure, as to judicial and correctional functions,
21 any or all information pertaining to the revenues and
22 expenditures for the preceding fiscal years, and for the current
23 fiscal year, the previous appropriations made by the General
24 Assembly, the expenditures therefrom, encumbrances thereon, the
25 amount unencumbered and unexpended, an itemized estimate of the
26 revenues and expenditures of the current fiscal year, and for
27 the succeeding year, and an estimate of the revenues and amounts
28 needed for judicial and correctional functions. Such blanks
29 shall also request the budget respondent to accompany them with
30 a statement in writing, giving the facts, and an explanation of
19750S0935B1679 - 154 -
1 and reasons for the estimates of receipts and expenditures for
2 the succeeding year contained upon the blanks returned.
3 (b) Duty to respond.--It shall be the duty of each budget
4 respondent to comply, not later than the date specified by the
5 Administrative Office, with any and all requests made by the
6 Administrative Office in connection with the budget.
7 (c) Additional information.--The Administrative Office may,
8 under the direction of the governing authority, make further
9 inquiries and investigations as to the financial needs,
10 expenditures, estimates, or revenues, of any recipient of funds
11 appropriated to the unified judicial system or through the
12 budget of the Judicial Department to a political subdivision.
13 § 3522. Preparation of tentative budget request.
14 (a) General rule.--The Administrative Office shall collate
15 and examine all information received pursuant to section 3521
16 (relating to development of budget information), shall consult
17 with the governing authority and the Budget Secretary, and shall
18 prepare and submit to the governing authority for review and
19 approval a tentative budget request for the Judicial Department
20 covering all funds appropriated to the unified judicial system
21 or through the budget of the Judicial Department to a political
22 subdivision for the support of judicial and correctional
23 functions.
24 (b) Revision of information.--The tentative budget request
25 submitted by the Administrative Office may increase or decrease
26 any amount submitted pursuant to section 3521. In such case the
27 amount of such increase or decrease and the reasons therefor
28 shall be specified in detail in a written report of the
29 Administrative Office which shall be presented to the governing
30 authority with the tentative budget and which shall be furnished
19750S0935B1679 - 155 -
1 to each affected budget respondent.
2 § 3523. Adoption of final budget request.
3 (a) General rule.--The governing authority shall review the
4 tentative budget request submitted by the Administrative Office
5 pursuant to section 3522 (relating to preparation of tentative
6 budget request). After giving opportunity for hearing to each
7 budget respondent whose estimate submitted pursuant to section
8 3521 (relating to development of budget information) would be
9 altered by the final budget request of the Judicial Department,
10 the governing authority shall make such modifications in the
11 tentative budget request of the Judicial Department as in its
12 judgment are necessary or desirable, and shall adopt a final
13 budget request of the Judicial Department for transmission to
14 the Budget Secretary.
15 (b) Transmission to Budget Secretary.--Following adoption of
16 a final budget request by the governing authority, the
17 Administrative Office shall transmit such request to the Budget
18 Secretary within the time and in the manner required by section
19 601 of the act of April 9, 1929 (P.L.177, No.175), known as "The
20 Administrative Code of 1929."
21 § 3524. Form of Judicial Department appropriation.
22 The budget request of the Judicial Department shall be
23 prepared in a manner comparable to the request of an
24 administrative department. The appropriations as finally enacted
25 shall not be so detailed as to limit unreasonably the ability of
26 the governing authority to reprogram funds during a fiscal year
27 to meet unanticipated expenses or developments.
28 § 3525. List of employees to be furnished.
29 (a) General rule.--The Administrative Office shall, on June
30 15 of each year, transmit to the Department of the Auditor
19750S0935B1679 - 156 -
1 General, the Treasury Department, and the Budget Secretary a
2 complete list, as of June 1 preceding, of the names of all
3 persons, except day-laborers, entitled to receive compensation
4 directly from the Commonwealth from funds appropriated to the
5 unified judicial system. Such list shall show the position
6 occupied by each such person, the date of birth and voting
7 residence of such person, the salary at which or other basis
8 upon which such person is entitled to be paid, the date when
9 such person entered the service of the Commonwealth, whether
10 such person has been continuously employed by the Commonwealth
11 since that date and all periods of service and positions held as
12 an employee of the Commonwealth, or such part of such
13 information as the Governor may prescribe.
14 (b) Interim changes.--Each month thereafter, the
15 Administrative Office shall certify to the Department of the
16 Auditor General, the Treasury Department, and the Budget
17 Secretary any changes in the annual list of employees last
18 transmitted to them which shall have occurred during the
19 preceding month.
20 (c) Public information.--The information received by the
21 Department of the Auditor General, the Treasury Department, and
22 the Budget Secretary under this section shall be public
23 information.
24 § 3526. Release of funds.
25 (a) General rule.--Each recipient of funds appropriated to
26 the unified judicial system shall, from time to time, as
27 requested by the Administrative Office, prepare and submit to
28 the Administrative Office, for approval or disapproval by the
29 governing authority, an estimate of the amount of money required
30 for each activity or function to be carried on by such recipient
19750S0935B1679 - 157 -
1 during the ensuing month, quarter, or such other period as the
2 governing authority shall prescribe. If such estimate does not
3 meet with the approval of the governing authority, it shall be
4 revised in accordance with the directions of the governing
5 authority and resubmitted for approval.
6 (b) Observance of approved estimate.--After the approval of
7 any such estimate, it shall be unlawful for the recipient of
8 funds appropriated to the unified judicial system to expend any
9 appropriation or part thereof, except in accordance with such
10 estimate, unless the estimate is revised with the approval of
11 the governing authority.
12 (c) Penalty.--If any recipient to which subsections (a) and
13 (b) apply shall fail or refuse to submit to the Administrative
14 Office estimates of expenditures as required by this section,
15 the governing authority may order the Administrative Office to
16 withhold disbursement of any funds appropriated to the unified
17 judicial system for such recipient, and thereupon the
18 Administrative Office shall withhold disbursement of any such
19 funds until further order of the governing authority.
20 § 3527. Estimates of current expenditures by Administrative
21 Office.
22 The Administrative Office shall, from time to time, as
23 requested by the Governor, prepare and submit to the Governor
24 estimates of the amounts of money required for each activity or
25 function to be carried on by the unified judicial system during
26 the ensuing month, quarter, or such other period as the Governor
27 shall prescribe.
28 § 3528. Fiscal period.
29 All books and accounts kept by the Administrative Office and
30 other personnel of the system shall be kept as of the fiscal
19750S0935B1679 - 158 -
1 year or period established by section 608 of the act of April 9,
2 1929 (P.L.177, No.175), known as "The Administrative Code of
3 1929."
4 § 3529. Audits of affairs of unified judicial system.
5 (a) General rule.--It shall be the duty of the judicial
6 auditing agency to retain a certified public accountant to make
7 all audits of transactions after their occurrence which may be
8 necessary in connection with the administration of the financial
9 affairs of the unified judicial system or of any judicial or
10 correctional functions of a political subdivision funded in
11 whole or in part through the budget of the Judicial Department.
12 At least one such audit shall be made each year and special
13 audits may be made whenever they appear necessary in the
14 judgment of the judicial auditing agency.
15 (b) Governmental audits.--Where the transactions specified
16 in subsection (a) are audited by the Department of the Auditor
17 General or by an official of a political subdivision charged
18 with auditing responsibility, the judicial auditing agency shall
19 accept a report thereof in lieu of the audit required by
20 subsection (a) unless in the judgment of the judicial auditing
21 agency the circumstances warrant an additional audit by a
22 certified public accountant retained by the auditing agency.
23 (c) Scope.--Subsections (a) and (b) shall apply to fees,
24 costs, grants, moneys paid into court and all other
25 unappropriated funds handled by system and related personnel and
26 to all funds appropriated to the Judicial Department.
27 (d) Definition.--As used in this section the term "judicial
28 auditing agency" means a body established or designated by the
29 governing authority as the judicial auditing agency for the
30 purposes of this section. The judicial auditing agency shall
19750S0935B1679 - 159 -
1 include:
2 (1) A judge of the Superior Court selected by the
3 Superior Court.
4 (2) A judge of the Commonwealth Court selected by the
5 Commonwealth Court.
6 (3) The President Judge of the Court of Common Pleas of
7 Philadelphia County.
8 (4) The Administrative Judge of the Orphans' Court <--
9 Division PRESIDENT JUDGE of the Court of Common Pleas of <--
10 Allegheny County.
11 § 3530. Preparation of requisitions.
12 The Administrative Office shall prepare, or cause to be
13 prepared by an officer of the interested government unit
14 designated by the Administrative Office, requisitions for moneys
15 appropriated to the unified judicial system or appropriated
16 through the budget of the Judicial Department to a political
17 subdivision, and shall present such requisitions to the Treasury
18 Department pursuant to section 1501 of the act of April 9, 1929
19 (P.L.343, No.176), known as "The Fiscal Code."
20 SUBCHAPTER C
21 COUNTY FINANCE
22 Sec.
23 3541. Judicial and correctional account.
24 3542. Credits to account.
25 3543. Debits to account.
26 3544. (Reserved).
27 3545. (Reserved).
28 3546. Relief from liability for loss of property if expenses
29 not paid.
30 § 3541. Judicial and correctional account.
19750S0935B1679 - 160 -
1 The Treasurer of the City and County of Philadelphia, the
2 treasurer of each other county of this Commonwealth, and the
3 Treasurer of the City of Pittsburgh shall establish and maintain
4 on the books of their respective political subdivisions an
5 account to be known as the judicial and correctional account.
6 The account shall exist for accounting purposes only and nothing
7 in this part shall require the actual segregation of the moneys
8 of the account from the general funds of the political
9 subdivision.
10 § 3542. Credits to account.
11 (a) General rule.--There shall be paid to the respective
12 political subdivisions required by this subchapter to maintain a
13 judicial and correctional account and credited to such account
14 all:
15 (1) Contributions and payments by the Federal Government
16 for the maintenance of judicial and correctional functions of
17 the political subdivision.
18 (2) Appropriations by the General Assembly through the
19 budget of the Judicial Department or otherwise for the
20 maintenance of judicial and correctional functions of the
21 political subdivision.
22 (3) Fees established under section 1728 1725 (relating <--
23 to establishment of fees and charges) to which a government
24 agency is entitled and which by law have heretofore been paid
25 or credited to such political subdivision.
26 (4) Costs which the political subdivision is entitled to
27 receive pursuant to general rules prescribed under section
28 1729 1726 (relating to establishment of taxable costs). <--
29 (5) Fines and forfeitures as follows:
30 (i) All fines forfeited, recognizances and other
19750S0935B1679 - 161 -
1 forfeitures imposed, lost or forfeited in the Pittsburgh
2 Magistrates Court or the Pittsburgh Traffic Court shall
3 be paid to the City of Pittsburgh and credited to its
4 judicial and correctional account.
5 (ii) All fines forfeited, recognizances and other
6 forfeitures imposed, lost or forfeited for violation of
7 any ordinance of any political subdivision, or which
8 under 18 Pa.C.S. § 1101(b) (relating to disposition of
9 fines) or under the act of April 29, 1959 (P.L.58,
10 No.32), known as "The Vehicle Code," are to be paid to
11 any specified political subdivision, shall be paid to
12 such political subdivision and, if such political
13 subdivision is required by this subchapter to maintain a
14 judicial and correctional account, shall be credited to
15 such account.
16 (iii) All other fines forfeited, recognizances and
17 other forfeitures imposed, lost or forfeited in the
18 courts of common pleas, community court or Philadelphia
19 Municipal Court established for a judicial district
20 embracing a county or in a magisterial district within
21 the county, shall be paid to such county and credited to
22 its judicial and correctional account.
23 (6) Amounts required by statute to be paid to a
24 political subdivision for credit to its judicial and
25 correctional account.
26 (7) Amounts arising from the activities of the unified
27 judicial system or the judicial branch required by statute to
28 be paid to the political subdivision.
29 (8) Income and receipts with respect to the organization
30 and operation of penal, correctional and probation facilities
19750S0935B1679 - 162 -
1 and services maintained by the political subdivision.
2 (b) Allocation in multi-county districts.--In judicial
3 districts embracing two or more counties the fines, forfeitures,
4 fees and costs collected with respect to the court of common
5 pleas or community court of the judicial district shall be paid
6 over to each county according to an allocation based on
7 population in the ratio which the population of each of the
8 several counties comprising the judicial district bears to the
9 total population of the judicial district as last officially
10 certified.
11 (c) Fines in the nature of private compensation.--The
12 provisions of subsection (a) shall not affect the disposition of
13 fines authorized by law to effect restitution for the support of
14 legal dependents, or otherwise for purposes not augmenting the
15 public revenues.
16 § 3543. Debits to account.
17 (a) General rule.--There shall be paid by the respective
18 political subdivisions required by this subchapter to maintain a
19 judicial and correctional account and debited to such account:
20 (1) Salaries, fees and expenses of system and related
21 personnel which by statute are required to be paid by the
22 political subdivision.
23 (2) Salaries, fees and expenses of jurors, witnesses and
24 all other persons paid under authority of law by the
25 political subdivision for the maintenance of judicial and
26 correctional functions.
27 (3) Any amounts required by statute to be paid from any
28 of the sources of income specified in section 3542 (relating
29 to credits to account).
30 (4) ANY AMOUNTS REQUIRED BY STATUTE TO BE PAID TO THE <--
19750S0935B1679 - 163 -
1 COMMONWEALTH FROM ANY OF THE SOURCES OF INCOME SPECIFIED IN
2 SECTION 3542 (RELATING TO CREDITS TO ACCOUNT).
3 (b) Accommodations.--Expenses under this section include the
4 cost of leased accommodations and the fair rental value of
5 accommodations provided in facilities owned by the political
6 subdivision.
7 (c) Allocation in multi-county districts.--In judicial
8 districts embracing two or more counties, the expenses of the
9 court of common pleas and the community court of the judicial
10 district, and the salary, fees and expenses of the staff of such
11 courts, except county staff, shall be paid by each county
12 according to an allocation based on population in the ratio
13 which the population of each of the several counties comprising
14 the judicial district bears to the total population of the
15 judicial district as last officially certified.
16 § 3544. (Reserved).
17 § 3545. (Reserved).
18 § 3546. Relief from liability for loss of property if expenses
19 not paid.
20 Any officer enforcing orders of a tribunal shall be relieved
21 from any liability for the loss, destruction, removal of or
22 damage to any personal property, or for any injury to any real
23 property, levied upon, seized or taken into possession by virtue
24 of any process if the person lodging such process with him shall
25 refuse to advance or secure upon demand the reasonable fees and
26 expenses incident to the seizure, safe keeping and proper
27 protection of such property.
28 SUBCHAPTER D
29 MONEY PAID INTO COURT
30 Sec.
19750S0935B1679 - 164 -
1 3561. Money paid into court.
2 § 3561. Money paid into court.
3 All money paid into court shall be held in the custody of
4 such officer, shall be invested in such manner, and shall be
5 withdrawn from deposit, as shall be provided by general rules.
6 CHAPTER 37
7 FACILITIES AND SUPPLIES
8 Subchapter
9 A. Statewide Facilities and Services
10 B. District and County Facilities and Services
11 SUBCHAPTER A
12 STATEWIDE FACILITIES AND SERVICES
13 Sec.
14 3701. Pennsylvania Judicial Center.
15 3702. General facilities and services furnished by
16 Administrative Office.
17 3703. Local chamber facilities.
18 3704. Local facilities for holding sessions of Statewide
19 courts.
20 § 3701. Pennsylvania Judicial Center.
21 (a) General rule.--There shall MAY be maintained by the <--
22 Administrative Office acting through the Department of Property <--
23 and Supplies GENERAL SERVICES at such location within this <--
24 Commonwealth as may be specified by the Supreme Court, a
25 facility known as the Pennsylvania Judicial Center. The facility
26 shall MAY provide accommodations and supporting central <--
27 facilities and services for the following functions, agencies
28 and units of or related to the unified judicial system:
29 (1) One or more court rooms for the holding of sessions
30 of the appellate courts of this Commonwealth including
19750S0935B1679 - 165 -
1 related conference facilities.
2 (2) Chamber facilities for justices of the Supreme Court
3 and their personal staffs.
4 (3) Chamber facilities for those judges of the Superior
5 and Commonwealth Courts who regularly sit at the location of
6 the facility and their personal staffs.
7 (4) Any staff of the Judicial Council. ANY STATEWIDE <--
8 COUNCIL.
9 (5) The Administrative Office of Pennsylvania Courts.
10 (6) A law library.
11 (7) The administrative staffs of the appellate courts of
12 this Commonwealth.
13 (8) The office of the Judicial Inquiry and Review Board.
14 (9) The office of the Minor Judiciary Education Board.
15 (10) The office of the agency vested with the power to
16 admit persons to the bar and the practice of law.
17 (11) The office of the agency vested with the power to
18 discipline or remove from office attorneys-at-law.
19 (12) The offices of related organizations (except the
20 recognized conference or association of members of the bar of
21 the Supreme Court) recognized pursuant to section 1731 of <--
22 this title 1728 (relating to recognition of related
23 organizations).
24 (13) Such other functions, agencies and units of the
25 system as may be designated by order of the governing <--
26 authority.
27 (b) New construction limited.--No funds appropriated to the
28 Judicial Department or to any other government unit from the
29 General Fund and no proceeds of indebtedness incurred shall be
30 used for the construction of any building to provide
19750S0935B1679 - 166 -
1 accommodations for the Pennsylvania Judicial Center unless the
2 appropriation act containing such funds or a capital budget act
3 shall expressly mention the Pennsylvania Judicial Center and the
4 proposed location of the building and shall expressly state that
5 funds are appropriated for, or that indebtedness may be incurred
6 for, such purpose. Nothing in this subsection shall prohibit the
7 use of funds for the rental of accommodations for the
8 Pennsylvania Judicial Center.
9 § 3702. General facilities and services furnished by
10 Administrative Office.
11 The Administrative Office, either directly or where
12 appropriate through the Department of Property and Supplies <--
13 GENERAL SERVICES, shall furnish all personnel of the system <--
14 entitled thereto with all necessary accommodations, goods and
15 services which are not furnished by another government unit.
16 § 3703. Local chamber facilities.
17 (a) General rule.--Each county shall furnish for each judge
18 of the appellate courts of this Commonwealth who resides therein
19 chamber facilities in conformity with general rules for such
20 judge and his personal staff:
21 (1) in the county judicial center of such county; or
22 (2) if no such accommodations are available in the
23 county judicial center, like accommodations in such building
24 as may be selected by the county with the approval of the
25 judge concerned.
26 (b) Exception.--Subsection (a) shall not apply to any county
27 in which the Pennsylvania Judicial Center may be located.
28 § 3704. Local facilities for holding sessions of Statewide
29 courts.
30 (a) General rule.--The City and County of Philadelphia and
19750S0935B1679 - 167 -
1 the County of Allegheny shall furnish the personnel of the
2 appellate courts of this Commonwealth with such accommodations
3 and facilities as may be required by order of the governing
4 authority.
5 (b) Exception.--Subsection (a) shall not apply to any county
6 in which the Pennsylvania Judicial Center may be located.
7 SUBCHAPTER B
8 DISTRICT AND COUNTY FACILITIES AND SERVICES
9 Sec.
10 3721. County judicial center.
11 3722. General facilities and services furnished by county.
12 3723. Other facilities and services furnished by Administrative
13 Office.
14 3724. County law libraries.
15 3725. Standards of local facilities and services.
16 3726. Manner of expenditure of local funds.
17 § 3721. County judicial center.
18 There (A) GENERAL RULE.--THERE shall be maintained at the <--
19 county seat of each county a facility known as the county
20 judicial center. The facility shall provide accommodations and
21 supporting facilities and services for the following functions,
22 agencies and units of or related to the unified judicial system
23 in conformity with general rules:
24 (1) One or more courtrooms for the holding of sessions
25 of the court of common pleas of the district, including
26 related conference and other facilities.
27 (2) Chamber facilities for judges of the court of common
28 pleas and their personal staff.
29 (3) The office of the clerk of the court of common pleas
30 of the district and the administrative staff of the court,
19750S0935B1679 - 168 -
1 including the offices of the prothonotary, clerk of the
2 courts and clerk of the orphans' court division.
3 (4) The district court administrator.
4 (5) The county law library.
5 (6) The offices of jury commissioners, register of
6 wills, sheriff, district attorney and public defender.
7 (7) The offices of the bar association of the county.
8 (8) In the City and County of Philadelphia, courtrooms,
9 related conference and other facilities and chamber
10 facilities for the minor judiciary.
11 (9) Such other functions, agencies and units of or
12 related to the unified judicial system as may be designated
13 by the governing authority.
14 (B) MULTISITE LOCATIONS.--THE FACILITIES OF THE COUNTY <--
15 JUDICIAL CENTER MAY BE LOCATED EITHER AT A COMMON SITE OR AT
16 MULTIPLE SITES, AS REQUIRED BY LOCAL CIRCUMSTANCES AND
17 CONDITIONS.
18 § 3722. General facilities and services furnished by county.
19 Except as otherwise provided by statute, each county shall
20 continue to furnish to the court of common pleas and community
21 court embracing the county, to the minor judiciary established
22 for the county and to all personnel of the system, including
23 central staff entitled thereto, located within the county, all
24 necessary accommodations, goods and services which by law have
25 heretofore been furnished by the county.
26 § 3723. Other facilities and services furnished by
27 Administrative Office.
28 The Administrative Office, either directly or where
29 appropriate through the Department of Property and Supplies <--
30 GENERAL SERVICES, shall furnish all personnel of the system <--
19750S0935B1679 - 169 -
1 entitled thereto located within a county, with all necessary
2 accommodations, goods and services which are not by section 3722
3 (relating to general facilities and services to be furnished by
4 county) or any other provision of statute required to be
5 furnished by another government unit.
6 § 3724. County law libraries.
7 (a) Transfer to Commonwealth system.--Upon the application <--
8 of any county law library, including a library maintained by a
9 bar association or independent library corporation, or both,
10 accompanied by the written consent of the court of common pleas
11 of the judicial district embracing the county, and the approval
12 thereof by the State Law Library, the law library of the county
13 shall be transferred to and shall become a branch of the State
14 Law Library. A law library operated under the act of July 28,
15 1953 (P.L.723, No.230), known as the "Second Class County Code,"
16 or the act of August 9, 1955 (P.L.323, No.130), known as "The
17 County Code," shall not be transferred to the State Law Library
18 system without the written consent of the board of commissioners
19 of the county. Such branches of the State Law Library shall be
20 operated in conformity with general rules or orders adopted by
21 the State Law Library with the approval of the governing
22 authority.
23 (b) Operation of other libraries (A) GENERAL RULE.--County <--
24 law libraries, including libraries maintained by bar
25 associations or independent library corporations, or both, which <--
26 are not transferred pursuant to subsection (a), shall receive
27 from the county such necessary funds, accommodations, goods and
28 services, as shall be specified by general rules or orders
29 adopted by the governing authority after consideration of the
30 recommendations from time to time of the State Law Library. All
19750S0935B1679 - 170 -
1 such county law libraries shall be operated in conformity with
2 general rules or rules of the court of common pleas of the
3 judicial district embracing the county.
4 (c) (B) Judicial Department supplementary funding.--The <--
5 governing authority may make grants for the support of county
6 law libraries from funds appropriated to the unified judicial
7 system.
8 § 3725. Standards of local facilities and services.
9 All accommodations, goods and services furnished to personnel
10 of the system by a county or any other government agency shall
11 be furnished in conformity with general rules.
12 § 3726. Manner of expenditure of local funds.
13 Notwithstanding any other provision of this title, unless and
14 until otherwise provided by statute hereafter enacted or by
15 express order of the Supreme Court pursuant to and subject to
16 the limitations of constitutional authority, the manner of the
17 expenditure of moneys credited to the judicial and correctional
18 account of a political subdivision, including moneys
19 appropriated through the budget of the Judicial Department to a
20 political subdivision, shall be within the control of officers
21 of the political subdivision and the courts established for or
22 embracing such political subdivision.
23 PART V
24 ADMINISTRATION OF JUSTICE GENERALLY
25 Chapter
26 41. Administration of Justice
27 43. Dockets, Indices and Other Records
28 45. Juries and Jurors
29 CHAPTER 41
30 ADMINISTRATION OF JUSTICE
19750S0935B1679 - 171 -
1 Subchapter
2 A. General Provisions
3 B. Temporary Assignment of Judges and District Justices
4 C. Contempt of Court
5 SUBCHAPTER A
6 GENERAL PROVISIONS
7 Sec.
8 4101. Coordination of activities.
9 4102. Cooperative duties.
10 § 4101. Coordination of activities.
11 The several courts and district justices, all other system
12 and related personnel, executive agencies and political
13 subdivisions shall devise a practical and working basis for
14 cooperation and coordination of activities, facilitating the
15 performance of their respective duties and eliminating
16 duplicating and overlapping of functions, and shall, so far as
17 practical, cooperate with each other in the use of employees,
18 land, buildings, quarters, facilities, services and equipment.
19 Any agency or unit of the unified judicial system may empower or
20 require an employee of any other government unit, subject to the
21 consent of such other government unit, to perform any duty which
22 might be required by such agency or unit of the system of its
23 own employees, and any other government unit may empower or
24 require an employee of any agency or unit of the system, subject
25 to the consent of such agency or unit of the system, to perform
26 any duty which might be required by such other government unit
27 of its own employees.
28 § 4102. Cooperative duties.
29 (a) General rule.--Whenever in this title power is vested in
30 any agency or unit of the unified judicial system, or in any
19750S0935B1679 - 172 -
1 other government unit, to inspect, examine, secure data or
2 information, or to procure assistance from any other government
3 unit, a duty is hereby imposed upon the government unit upon
4 which demand is made, to render such power effective.
5 (b) Exception.--The provisions of subsection (a) shall not
6 be construed to supersede any law which renders confidential any
7 class of data or information relating to juvenile, adoption,
8 domestic relations or other matters.
9 SUBCHAPTER B
10 TEMPORARY ASSIGNMENT OF JUDGES AND DISTRICT JUSTICES
11 Sec.
12 4121. Assignment of judges.
13 4122. Assignment of district justices.
14 4123. Assignment procedure.
15 § 4121. Assignment of judges.
16 (a) General rule.--Subject to general rules any judge may be
17 temporarily assigned to another court and may there hear and
18 determine any matter with like effect as if duly commissioned to
19 sit in such other court.
20 (b) Senior judges.--A former or retired judge who shall not <--
21 have been defeated for re-election may, with his consent, be
22 assigned on temporary judicial service pursuant to subsection
23 (a). (RESERVED) <--
24 (c) Exception.--Only a judge who is a member of the bar of
25 the Supreme Court shall be temporarily assigned to a court to
26 which only members of the bar of the Supreme Court may be
27 appointed or elected pursuant to section 3101 (relating to
28 qualifications of judges and district justices). A judge of the
29 Pittsburgh Magistrates Court or the Traffic Court of
30 Philadelphia may be temporarily assigned to a magisterial
19750S0935B1679 - 173 -
1 district with the same effect as an assignment pursuant to
2 section 4122 (relating to assignment of district justices).
3 § 4122. Assignment of district justices.
4 Subject to general rules any district justice may be
5 temporarily assigned to any other magisterial district or the
6 Pittsburgh Magistrates Court or the Traffic Court of
7 Philadelphia, and may there hear and determine any matter with
8 like effect as if duly commissioned to sit in such other
9 district or in such court.
10 § 4123. Assignment procedure.
11 The procedure for effecting temporary assignments of judges
12 and district justices, the kind, amount and method of payment
13 for travel, lodgings and subsistence, and all other matters
14 related to such temporary assignments, shall be governed by
15 general rules.
16 SUBCHAPTER C
17 CONTEMPT OF COURT
18 Sec.
19 4131. Classification of penal contempts.
20 4132. Punishment for contempt.
21 4133. Imprisonment for failure to pay fine.
22 4134. Publication out of court.
23 4135. Criminal contempt.
24 § 4131. Classification of penal contempts.
25 The power of the several courts of this Commonwealth to issue
26 attachments and to inflict summary punishments for contempts of
27 court shall be restricted to the following cases:
28 (1) The official misconduct of the officers of such
29 courts respectively.
30 (2) Disobedience or neglect by officers, parties, jurors
19750S0935B1679 - 174 -
1 or witnesses of or to the lawful process of the court.
2 (3) The misbehavior of any person in the presence of the
3 court, thereby obstructing the administration of justice.
4 § 4132. Punishment for contempt.
5 The punishment of imprisonment for contempt as provided in
6 section 4131 (relating to classification of penal contempts)
7 shall extend only to such contempts as shall be committed in
8 open court, and all other contempts shall be punished by fine
9 only.
10 § 4133. Imprisonment for failure to pay fine.
11 The court may order the sheriff or other proper officer of
12 any county to take into custody and commit to jail any person
13 fined for a contempt, until such fine shall be paid or
14 discharged. If such person shall be unable to pay such fine, he
15 may be committed to prison by the court for not exceeding three
16 months.
17 § 4134. Publication out of court.
18 (a) General rule.--No publication out of court respecting
19 the conduct of judges, district justices, other system or
20 related personnel, jurors or participants in connection with any
21 matter pending before any tribunal shall be construed as a
22 contempt of court on the part of the author, publisher or other
23 person connected with such publication.
24 (b) Civil and criminal liability not affected.--If any
25 publication specified in subsection (a) shall improperly tend to
26 bias the minds of the public, or of the tribunal, other system
27 or related personnel, jurors or participants in connection with
28 any matter pending before any tribunal, any person who may be
29 aggrieved thereby may proceed against the persons responsible
30 for the publication by appropriate civil or criminal action or
19750S0935B1679 - 175 -
1 proceeding as in other cases of wrongful publication.
2 § 4135. Criminal contempt.
3 (a) General rule.--In all cases where a person shall be
4 charged with indirect criminal contempt for violation of a
5 restraining order or injunction issued by a court or judge, the
6 accused shall enjoy:
7 (1) The rights as to admission to bail that are accorded
8 to persons accused of crime.
9 (2) The right to be notified of the accusation and a
10 reasonable time to make a defense, provided the alleged
11 contempt is not committed in the immediate view or presence
12 of the court.
13 (3) (i) Upon demand, the right to a speedy and public
14 trial by an impartial jury of the judicial district
15 wherein the contempt shall have been committed.
16 (ii) The requirement of subparagraph (i) shall not
17 be construed to apply to contempts committed in the
18 presence of the court or so near thereto as to interfere
19 directly with the administration of justice, or to apply
20 to the misbehavior, misconduct, or disobedience of any
21 officer of the court in respect to the writs, orders, or
22 process of the court.
23 (4) The right to file with the court a demand for the
24 retirement of the judge sitting in the proceeding, if the
25 contempt arises from an attack upon the character or conduct
26 of such judge, and if the attack occurred otherwise than in
27 open court. Upon the filing of any such demand, the judge
28 shall thereupon proceed no further but another judge shall be
29 designated by the court. The demand shall be filed prior to
30 the hearing in the contempt proceeding.
19750S0935B1679 - 176 -
1 (b) Punishment.--Punishment for a contempt specified in
2 subsection (a) may be by fine not exceeding $100 or by
3 imprisonment not exceeding 15 days in the jail of the county
4 where the court is sitting, or both, in the discretion of the
5 court. Where a person is committed to jail for the nonpayment of
6 such a fine, he shall be discharged at the expiration of 15
7 days, but where he is also committed for a definite time, the 15
8 days shall be computed from the expiration of the definite time.
9 CHAPTER 43
10 DOCKETS, INDICES AND OTHER RECORDS
11 Subchapter
12 A. Establishment, Maintenance and Effect of Judicial
13 Records
14 B. Disposition of Obsolete Records
15 SUBCHAPTER A
16 ESTABLISHMENT, MAINTENANCE AND EFFECT OF JUDICIAL RECORDS
17 Sec.
18 4301. Establishment and maintenance of judicial records.
19 4302. Effect of records as notice.
20 4303. Effect of judgment as lien.
21 4304. Notice of Federal pending actions (Reserved).
22 4305. Federal judgments.
23 4306. Enforcement of foreign judgments.
24 § 4301. Establishment and maintenance of judicial records.
25 (a) General rule.--All system and related personnel shall
26 establish and maintain such records as shall be required by law.
27 (b) Supervision by Administrative Office.--All system and
28 related personnel engaged in clerical functions shall establish
29 and maintain all dockets, indices and other records and make and
30 file such entries and reports, at such times, in such manner and
19750S0935B1679 - 177 -
1 pursuant to such procedures and standards as may be prescribed
2 by the Administrative Office of Pennsylvania Courts with the
3 approval of the governing authority. All such procedures and
4 standards shall be uniform to the maximum extent practicable so
5 as to facilitate the temporary assignment of personnel of the
6 system, other than county staff, within the unified judicial
7 system.
8 § 4302. Effect of records as notice.
9 (a) Real property.--Except as otherwise provided by law,
10 every document affecting title to or any other interest in real
11 property situated in any county which is filed in the office of
12 the clerk of the court of common pleas of the county, or in the
13 office of the clerk of the branch of the court of common pleas
14 embracing such county in the manner required by the laws,
15 procedures or standards in effect at the date of such filing
16 shall be constructive notice to all persons of the filing and
17 full contents of such document.
18 (b) Other documents.--Documents relating to the pendency of
19 a matter before any court and any other documents filed in the
20 office of the clerk of any court or other office within or
21 related to and serving the unified judicial system shall be
22 constructive notice to such persons, of such information and for
23 such duration as may be provided or prescribed by law.
24 § 4303. Effect of judgment as lien.
25 (a) General rule.--Any judgment or other order of a court of
26 common pleas for the payment of money shall be a lien upon real
27 property situated in a county on the conditions, to the extent
28 and with the priority provided or prescribed by law when it is
29 entered of record in the office of the clerk of the court of
30 common pleas of the county, or in the office of the clerk of the
19750S0935B1679 - 178 -
1 branch of the court of common pleas embracing such county. Any
2 other order of a court of common pleas shall be a lien upon real
3 and personal property situated within any county embraced within
4 the judicial district on the conditions, to the extent and with
5 the priority provided or prescribed by law.
6 (b) Transfer of domestic judgments.--An order of any court
7 of this Commonwealth which is a lien on property situated within
8 any judicial district COUNTY of this Commonwealth pursuant to <--
9 subsection (a) shall be a lien upon property situated within any
10 other judicial district COUNTY to the same extent as if <--
11 resulting from an order of the court of common pleas of such
12 other judicial district COUNTY upon compliance with such <--
13 transfer and filing procedures as may be prescribed by general
14 rule. Such rules shall require filing a document within the <--
15 transferee judicial district identifying the judgment and the
16 extent of the lien thereof.
17 § 4304. Notice of Federal pending actions. (Reserved)
18 § 4305. Federal judgments.
19 (a) General rule.--Except as provided in subsection (b)
20 every judgment of a United States district court within this
21 Commonwealth shall, as provided by 28 United States Code § 1962
22 (relating to lien) be a lien on the property located within this
23 Commonwealth in the same manner, to the same extent and under
24 the same conditions as a judgment of a court of common pleas of
25 this Commonwealth and shall cease to be a lien in the same
26 manner and time.
27 (b) Exception.--The judgment of a United States district
28 court shall be a lien upon property located within any county of
29 this Commonwealth embraced within the district for which such
30 court is established without further recording, filing or
19750S0935B1679 - 179 -
1 docketing in any public office of this Commonwealth.
2 (c) Authorization for filing of Federal judgments entered in
3 other districts.--Any judgment of a United States district court
4 established for a district embracing counties of this
5 Commonwealth other than the county in which the property is
6 located may be registered, recorded, filed, docketed, indexed or
7 otherwise conformed to the rules and requirements relating to
8 judgments of the courts of common pleas.
9 § 4306. Enforcement of foreign judgments.
10 (a) Short title of section.--This section shall be known and
11 may be cited as the "Uniform Enforcement of Foreign Judgments
12 Act."
13 (b) Filing and status of foreign judgments.--A copy of any
14 foreign judgment including the docket entries incidental thereto
15 authenticated in accordance with act of Congress or this title
16 may be filed in the office of the clerk of any court of common
17 pleas of this Commonwealth. The clerk shall treat the foreign
18 judgment in the same manner as a judgment of any court of common
19 pleas of this Commonwealth. A judgment so filed shall be a lien
20 as of the date of filing and shall have the same effect and be
21 subject to the same procedures, defenses and proceedings for
22 reopening, vacating, or staying as a judgment of any court of
23 common pleas of this Commonwealth and may be enforced or
24 satisfied in like manner.
25 (c) Notice of filing.--
26 (1) At the time of the filing of the foreign judgment,
27 the judgment creditor or his attorney shall make and file
28 with the office of the clerk of the court of common pleas an
29 affidavit setting forth the name and last known post office
30 address of the judgment debtor, and the judgment creditor. In
19750S0935B1679 - 180 -
1 addition, such affidavit shall include a statement that the
2 foreign judgment is valid, enforceable and unsatisfied.
3 (2) Promptly upon the filing of the foreign judgment and
4 the affidavit, the clerk shall mail notice of the filing of
5 the foreign judgment to the judgment debtor at the address
6 given and shall make a note of the mailing in the docket. The
7 notice shall include the name and post office address of the
8 judgment creditor and the attorney for the judgment creditor,
9 if any, in this Commonwealth. In addition, the judgment
10 creditor may mail a notice of the filing of the judgment to
11 the judgment debtor and may file proof of mailing with the
12 clerk. Lack of mailing notice of filing by the clerk shall
13 not affect the enforcement proceedings if proof of mailing by
14 the judgment creditor has been filed.
15 (d) Stay.--
16 (1) If the judgment debtor shows the court of common
17 pleas that an appeal from the foreign judgment is pending or
18 will be taken, or that a stay of execution has been granted,
19 the court shall stay enforcement of the foreign judgment
20 until the appeal is concluded, the time for appeal expires,
21 or the stay of execution expires or is vacated, upon proof
22 that the judgment debtor has furnished the security for the
23 satisfaction of the judgment required by the State in which
24 it was rendered.
25 (2) If the judgment debtor shows the court of common
26 pleas any ground upon which enforcement of a judgment of any
27 court of common pleas of this Commonwealth would be stayed,
28 the court shall stay enforcement of the foreign judgment for
29 an appropriate period, upon requiring the same security for
30 satisfaction of the judgment which is required in this
19750S0935B1679 - 181 -
1 Commonwealth.
2 (e) Optional procedure.--The right of a judgment creditor to
3 bring an action to enforce his judgment instead of proceeding
4 under this section remains unimpaired.
5 (f) Definition.--As used in this section "foreign judgment"
6 means any judgment, decree, or order of a court of the United
7 States or of any other court requiring the payment of money
8 which is entitled to full faith and credit in this Commonwealth.
9 SUBCHAPTER B
10 DISPOSITION OF OBSOLETE RECORDS
11 Sec.
12 4321. Record retention schedules.
13 4322. Destruction and disposition of obsolete records.
14 4323. Form of permanent recordation.
15 4324. Copies of destroyed records.
16 4325. Duplicate permanent records.
17 4326. Original records meriting special care.
18 4327. Transfer of custody to local museum upon application.
19 § 4321. Record retention schedules.
20 (a) General rule.--The governing authority, after
21 consultation with the County Records Committee, shall by general
22 rule prescribe schedules setting forth the conditions under
23 which the records provided for in Subchapter A (relating to
24 establishment, maintenance and effect of judicial records) may
25 be disposed of, either with or without the establishment of a
26 permanent copy thereof.
27 (b) Requirements for schedules.--Such schedules shall
28 distinguish clearly between records of temporary value and
29 records of permanent value, and no schedule shall be prescribed
30 or revised which will permit the destruction of records of
19750S0935B1679 - 182 -
1 permanent value unless a permanent copy thereof is required to
2 be maintained as provided in this subchapter. Such schedules in
3 so far as they affect the records maintained by related staff,
4 shall be consistent with the schedules prescribed by the County
5 Records Committee.
6 § 4322. Destruction and disposition of obsolete records.
7 (a) General rule.--Any person required to maintain records
8 pursuant to Subchapter A (relating to establishment, maintenance
9 and effect of judicial records) may destroy such records in
10 conformity with this subchapter and the general rules prescribed
11 hereunder. No such person shall be held liable on his official
12 bond, or in the way of damages for loss, or in any other manner,
13 civil or criminal, because of the destruction of records as
14 authorized pursuant to this subchapter.
15 (b) Historical documents.--Any original records which are of
16 historical value as may be determined by the City Archivist in
17 the case of City and County of Philadelphia, or by the
18 Pennsylvania Historical and Museum Commission, in the case of
19 any other county, shall be transferred to the Pennsylvania
20 Historical and Museum Commission or to such other depositories
21 as may be designated by the commission.
22 § 4323. Form of permanent recordation.
23 Records which are classified as records of permanent value
24 shall, prior to destruction or other removal from the office of
25 the person having custody thereof, be processed in conformity
26 with general rules so that they may be reproduced by any
27 photostatic, photographic, microphotographic, microfilm, video
28 tape, magnetic tape, or other mechanical process which produces
29 a clear, accurate and permanent copy, microcopy or reproduction
30 of the original, in accordance with standards not less than
19750S0935B1679 - 183 -
1 those approved for permanent records by the National Bureau of
2 Standards.
3 § 4324. Copies of destroyed records.
4 The photostatic, photographic, microphotographic, microfilmed
5 or otherwise reproduced copy of any record destroyed or disposed
6 of as authorized pursuant to this subchapter, or a certified
7 copy thereof, shall be admissible in evidence in any matter, and
8 shall have the same force and effect as though the original
9 record had been produced and proved. It shall be the duty of the
10 person who would have had custody of the original record, had it
11 not been destroyed pursuant to law, to prepare enlarged, typed
12 or photographic copies of such reproduced records whenever their
13 production is required.
14 § 4325. Duplicate permanent records.
15 In order to provide insurance for the more actively used
16 working copies against damage or loss through wear or disaster,
17 duplicate copies of all permanent records DESIGNATED BY THE <--
18 ADMINISTRATIVE OFFICE shall be maintained at such locations as
19 shall be approved by the Administrative Office. SUCH <--
20 DESIGNATIONS IN SO FAR AS THEY RELATE TO THE RECORDS MAINTAINED
21 BY RELATED STAFF, SHALL BE SUBJECT TO THE APPROVAL OF THE COUNTY
22 RECORDS COMMITTEE.
23 § 4326. Original records meriting special care.
24 If, in the opinion of the person having custody of an
25 original record, such original possesses sufficient value that
26 it merits special care, he shall make a permanent copy of the
27 record, which shall be officially certified and placed on file
28 in lieu of the original record, and, with the approval of the
29 Administrative Office, he shall transfer the original to the
30 custody of such officer as shall be designated by the
19750S0935B1679 - 184 -
1 Administrative Office for permanent preservation.
2 § 4327. Transfer of custody to local museum upon application.
3 (a) General rule.--Any nonprofit public, quasi-public, or
4 private association or corporation situated within the county
5 where the historical documents are filed, which maintains a
6 museum, building or facilities used for the exhibit of
7 historical writings, and which shall have adequate facilities
8 for the display and preservation of such documents, may petition
9 the court of common pleas of the judicial district embracing the
10 county wherein such document or documents are filed for the
11 transfer of the custody of such documents for the purpose of
12 their public display. Upon the filing of any petition, the court
13 shall fix a time for a hearing, and prescribe such notice to be
14 given as shall acquaint similar organizations with the filing of
15 the petition. Any other association or corporation meeting the
16 requirements of this subsection may intervene in the proceedings
17 with the same effect as if it had been the original petitioner,
18 and the court, after hearing, may award custody of any
19 historical document or documents to any of the petitioners for
20 such term and upon such conditions as the court shall prescribe.
21 (b) Permanent copy substituted for original.--Upon the
22 granting of a petition transferring custody of any historical
23 documents, the officer from whose custody it was removed shall
24 substitute in his files a certified permanent copy of such
25 document, which shall be of the same force and effect as the
26 original document.
27 (c) Petition for return of document.--The appropriate county
28 officer may at any time, without cause, petition the court for
29 the return of any historical document, the custody of which had
30 been previously transferred to any person pursuant to subsection
19750S0935B1679 - 185 -
1 (a).
2 (d) Order for return on motion of court.--The court, after
3 having taken jurisdiction of the transfer of any historical
4 document, may, without cause, and upon its own motion, order the
5 person having such temporary custody to return such document to
6 the appropriate office wherein it had been originally filed.
7 (e) Definition.--As used in this section "historical
8 document" means any document formerly belonging to a decedent or
9 any other person, which document is more than 50 years old and
10 which is in the custody of a register of wills, the recorder of
11 deeds, the clerk of any court or the prothonotary, except
12 documents relating to adoption, divorce or custody.
13 CHAPTER 45
14 JURIES AND JURORS
15 Subchapter <--
16 A. Qualifications and Exemptions
17 B. Selection and Custody of Jurors
18 C. Penalties
19 SUBCHAPTER A
20 QUALIFICATIONS AND EXEMPTIONS
21 Sec.
22 4501. Declaration of policy.
23 4502. Qualifications of jurors.
24 4503. Exemptions from jury service.
25 § 4501. Declaration of policy.
26 (a) General Rule.--It is the policy of this Commonwealth
27 that:
28 (1) All persons entitled to a jury trial in a matter
29 shall have the right to jurors selected in the manner
30 provided or prescribed by law.
19750S0935B1679 - 186 -
1 (2) All qualified citizens shall have the opportunity to
2 be considered for service as jurors in the courts of this
3 Commonwealth, and unless exempted or excused as provided or
4 prescribed by law shall have an obligation to serve as jurors
5 when summoned for that purpose.
6 (3) No citizen shall be excluded from service as a juror
7 on the basis of race, color, religion, sex, national origin
8 or economic status.
9 (b) Right to serve personal.--The right conferred by this
10 subchapter to be considered for service as a juror shall be
11 personal to each eligible citizen and shall not constitute the
12 basis for challenge to the composition of the master file of
13 prospective jurors established pursuant to section 4521
14 (relating to master file of prospective jurors).
15 § 4502. Qualifications of jurors.
16 Every elector of the county and every citizen eligible to
17 register to vote in the county for State and local officials
18 shall be eligible to serve as a juror unless disqualified for
19 one or more of the following reasons:
20 (1) He is unable to read, write, speak or understand the
21 English language.
22 (2) He is incapable, by reason of mental or physical
23 infirmity, to render efficient jury service.
24 (3) He has been convicted within the preceding six years
25 of the commission of a felony or of a misdemeanor of the
26 first or second degree or of any crime under the laws of any
27 other jurisdiction punishable by imprisonment for more than
28 one year and has not been granted pardon or amnesty.
29 § 4503. Exemptions from jury service.
30 (a) General rule.--No person shall be exempt or excused from
19750S0935B1679 - 187 -
1 jury duty except the following:
2 (1) Persons exempt by statute.
3 (2) Persons exempt by general rule. The governing
4 authority shall ascertain those classes of persons, such as
5 police officers and attorneys-at-law, who by reason of
6 occupation or otherwise are customarily eliminated in the
7 selection of petit juries, and may establish rights of
8 exemption for such classes:
9 (i) Which are automatic unless the prospective juror
10 indicates that he does not wish the exemption to be
11 applicable to him.
12 (ii) Which are available only if and to the extent
13 the prospective juror claims such exemption.
14 (3) Persons in active service with the National Guard or
15 the armed forces of the United States.
16 (4) Persons who have served within the preceding three
17 years.
18 (b) Hardship cases.--Persons demonstrating undue hardship or
19 extreme inconvenience may be excused for such period as the
20 court determines necessary, at the end of which period, the
21 juror may again be summoned for jury service.
22 (c) Challenges.--This section shall not affect the practice
23 with respect to peremptory challenges and challenges for cause,
24 which shall be governed by general rules.
25 SUBCHAPTER B
26 SELECTION AND CUSTODY OF JURORS
27 Sec.
28 4521. Master file of prospective jurors.
29 4522. Selection of jurors.
30 4523. Terms and conditions of jury service.
19750S0935B1679 - 188 -
1 § 4521. Master file of prospective jurors.
2 The jury selection commission, pursuant to general rules or
3 rules of court, shall prepare and revise from time to time a
4 master file of persons who may be eligible for jury service.
5 § 4522. Selection of jurors.
6 Grand and petit jurors shall be selected in the manner
7 provided by general rules or rules of court from the master file
8 established pursuant to section 4521 (relating to master file of
9 prospective jurors). The list of persons found qualified to
10 serve as jurors and the list of persons selected for jury
11 service shall be a public record.
12 § 4523. Terms and conditions of jury service.
13 The times, places and manner of summoning jurors, the
14 duration of their service, the other terms and conditions of
15 their service, including accommodations and recreation, and all
16 other matters relating to jury service not otherwise specified
17 in this title, shall be governed by general rules or rules of
18 court.
19 SUBCHAPTER C
20 PENALTIES
21 Sec.
22 4541. Failure of juror to attend.
23 4542. Interference with jury selection.
24 4543. Tampering with juror.
25 § 4541. Failure of juror to attend.
26 Upon the failure of any juror duly summoned to attend the
27 court until duly discharged, the court may impose a civil
28 forfeiture for credit to the judicial and correctional account
29 of the county, of not more than $100 for each and every day of
30 delinquency, to be recovered by execution as in the case of
19750S0935B1679 - 189 -
1 judgments for the payment of money in support proceedings.
2 § 4542. Interference with jury selection.
3 (a) Interference by officials.--Any system or related
4 personnel or other public officer or employe who shall violate
5 this chapter or any general rule or rule of court, or who shall
6 solicit or procure any other person to commit such a violation,
7 for the purpose of unlawfully procuring the selection or the
8 excusing of any person from jury service, or otherwise
9 unlawfully affecting the composition of a jury, is guilty of an
10 offense.
11 (b) Other interference.--Any person who undertakes or offers
12 to influence the selection of any person for jury service, or
13 otherwise unlawfully affecting the composition of a jury, or who
14 gives anything of value to any person for the purpose of
15 affecting the impartial selection of jurors or to procure excuse
16 or exemption from jury service or who solicits, demands, or
17 receives anything of value or the promise thereof from any
18 person for the purpose of in any manner affecting the selection,
19 excusing or exemption of any persons from jury service or does
20 any such act for the purpose of enabling himself or another to
21 evade or escape jury service, or to unlawfully affect the
22 composition of a jury, is guilty of an offense.
23 (c) Grading.--The offense is a felony of the third degree if
24 the actor employs force, deception, threat or offer of pecuniary
25 benefit. Otherwise it is a misdemeanor of the second degree.
26 § 4543. Tampering with juror.
27 Any person who having in any way ascertained the names of
28 persons selected for jury service, shall thereafter discuss with
29 such prospective juror, or with any impaneled juror, the
30 evidence or facts of any particular matter then pending before
19750S0935B1679 - 190 -
1 any court for which the juror has been summoned for jury
2 service, with the intent to influence the juror in his service
3 or in the consideration of the evidence in such matter, is
4 guilty of a misdemeanor of the second degree.
5 (RESERVED) <--
6 PART VI
7 ACTIONS, [AND] PROCEEDINGS AND OTHER MATTERS GENERALLY
8 Chapter
9 51. Preliminary Provisions
10 53. Bases of Jurisdiction and Interstate and International
11 Procedure
12 55. Limitation of Time
13 57. Bonds and Recognizances
14 59. Depositions and Witnesses
15 61. Rules of Evidence
16 63. Juvenile Matters
17 65. Habeas Corpus
18 67. Support Proceedings
19 CHAPTER 51
20 PRELIMINARY PROVISIONS
21 Sec.
22 5101. Remedy to exist for legal injury.
23 5102. Place and form of filing applications for relief.
24 5103. Transfer of erroneously filed matters.
25 5104. Trial by jury.
26 5105. Right to appellate review.
27 5106. Change of venue.
28 § 5101. Remedy to exist for legal injury.
29 (a) General rule.--Every person for a legal injury done him
30 in his lands, goods, person, or reputation shall have remedy by
19750S0935B1679 - 191 -
1 due course of law, and right and justice administered without
2 sale, denial or delay.
3 (b) No waiver of sovereign immunity.--The provisions of
4 subsection (a) shall not be construed as a waiver by the
5 Commonwealth of immunity to suit.
6 § 5102. Place and form of filing applications for relief.
7 Applications for relief to any court under section 5101
8 (relating to remedy to exist for legal injury) or under any
9 other provision of law, or documents relating to a matter before
10 a district justice, shall be filed in such office and in such
11 form as may be prescribed by general rule or rule of court.
12 § 5103. Transfer of erroneously filed matters.
13 (a) General rule.--If an appeal or other matter is taken to
14 or brought in a court or magisterial district which does not
15 have jurisdiction of the appeal or other matter, the court or
16 district justice shall not quash such appeal or dismiss the
17 matter, but shall transfer the record thereof to the proper
18 court or magisterial district of this Commonwealth, where the
19 appeal or other matter shall be treated as if originally filed
20 in the transferee court or magisterial district on the date
21 first filed in a court or magisterial district.
22 (b) Federal cases.--Subsection (a) shall also apply to any
23 matter transferred or remanded by any United States district
24 court for a district embracing any part of this Commonwealth.
25 (c) Interdivisional transfers.--If an appeal or other matter
26 is taken to, brought in, or transferred to a division of a court
27 to which such matter is not allocated by law, the court shall
28 not quash such appeal or dismiss the matter, but shall transfer
29 the record thereof to the proper division of the court, where
30 the appeal or other matter shall be treated as if originally
19750S0935B1679 - 192 -
1 filed in the transferee division on the date first filed in a
2 court or magisterial district.
3 § 5104. Trial by jury.
4 (A) GENERAL RULE.--Trial by jury shall be as heretofore, and <--
5 the right thereof shall remain inviolate. Trial by jury may be
6 waived in the manner prescribed by general rules.
7 (B) CIVIL VERDICTS.--IN ANY CIVIL CASE A VERDICT RENDERED BY <--
8 AT LEAST FIVE-SIXTHS OF THE JURY SHALL BE THE VERDICT OF THE
9 JURY AND SHALL HAVE THE SAME EFFECT AS A UNANIMOUS VERDICT OF
10 THE JURY.
11 § 5105. Right to appellate review.
12 (a) General rule.--There is a right of appeal under this
13 subsection from the final order (including an order defined as a
14 final order by general rule) of every:
15 (1) Court or district justice of this Commonwealth to
16 the court having jurisdiction of such appeals.
17 (2) Government unit which is an administrative agency
18 within the meaning of section 9 of Article V of the
19 Constitution of Pennsylvania to the court having jurisdiction
20 of such appeals. An order is appealable under this paragraph
21 notwithstanding the fact that it is not appealable under the
22 act of June 4, 1945 (P.L.1388, No.442), known as the
23 "Administrative Agency Law," or the act of December 2, 1968
24 (P.L.1133, No.353), known as the "Local Agency Law."
25 (b) Successive appeals.--Except as otherwise provided in
26 this subsection, the rights conferred by subsection (a) are
27 cumulative, so that a litigant may as a matter of right cause a
28 final order of any tribunal in any matter which itself
29 constitutes an appeal to such tribunal, to be further reviewed
30 by the court having jurisdiction of appeals from such tribunal.
19750S0935B1679 - 193 -
1 Except as provided in section 723 (relating to appeals from the
2 Commonwealth Court) there shall be no right of appeal from the
3 Superior Court or the Commonwealth Court to the Supreme Court
4 under this section or otherwise.
5 (c) Interlocutory appeals.--There shall be a right of appeal
6 from such interlocutory orders of tribunals and other government
7 units as may be specified by law. The governing authority shall
8 be responsible for a continuous review of the operation of
9 section 702(b) (relating to discretionary allowance of appeals)
10 and shall from time to time establish by general rule rights to
11 appeal from such classes of interlocutory orders, if any, from
12 which appeals are regularly allowed pursuant to section 702(b).
13 (d) Scope of appeal.--
14 (1) Except as otherwise provided in this subsection an
15 appeal under this section shall extend to the whole record,
16 including evidence, with like effect as upon an appeal from a <--
17 judgment entered upon the verdict of a jury in an action at
18 law and the scope of review of the order shall not be limited
19 as on broad or narrow certiorari.
20 (2) An order which is appealable by reason of subsection
21 (a)(2), but which would not be appealable under the act of
22 June 4, 1945 (P.L.1388, No.442), known as the "Administrative
23 Agency Law," or the act of December 2, 1968 (P.L.1133,
24 No.353), known as the "Local Agency Law," or under any other
25 corresponding provision of law, shall not be reversed or
26 modified on appeal unless the appellant would be entitled to
27 equivalent relief upon an action in the nature of equity,
28 replevin, or mandamus MANDAMUS OR, quo warranto or upon a <--
29 petition for declaratory judgment or for a writ of certiorari
30 or prohibition or otherwise objecting to such order.
19750S0935B1679 - 194 -
1 (3) Nothing in this subsection shall supersede any
2 general rule or rule of court or any unsuspended statute
3 authorizing or requiring an appellate court to receive
4 additional evidence or to hear the appeal de novo.
5 (4) Except as otherwise provided by general rule, an
6 appeal from a final order of the minor judiciary shall be de
7 novo under procedures established by general rule.
8 (e) Supersedeas.--An appeal shall operate as a supersedeas
9 to the extent and upon the conditions provided or prescribed by
10 law. except that an appeal in a capital case shall stay <--
11 execution of sentence of death.
12 § 5106. Change of venue.
13 The power to change the venue in civil and criminal cases
14 shall be vested in the courts, to be exercised in such manner as
15 shall be provided or prescribed by law.
16 CHAPTER 53
17 BASES OF JURISDICTION AND INTERSTATE
18 AND INTERNATIONAL PROCEDURE
19 Subchapter
20 A. General Provisions
21 B. Interstate and International Procedure
22 SUBCHAPTER A
23 GENERAL PROVISIONS
24 Sec.
25 5301. Persons.
26 5302. Land.
27 5303. Chattels.
28 5304. Documents.
29 5305. Corporate shares.
30 5306. Obligations.
19750S0935B1679 - 195 -
1 5307. Status.
2 § 5301. Persons.
3 (a) General rule.--The existence of any of the following
4 relationships between a person and this Commonwealth shall
5 constitute a sufficient basis of jurisdiction to enable the
6 tribunals of this Commonwealth to exercise general personal
7 jurisdiction over such person, or his personal representative in
8 the case of an individual, and to enable such tribunals to
9 render personal orders against such person or representative:
10 (1) Individuals.--
11 (i) Presence in this Commonwealth at the time when
12 process is served.
13 (ii) Domicile in this Commonwealth at the time when
14 process is served.
15 (iii) Consent, to the extent authorized by the
16 consent.
17 (2) Corporations.--
18 (i) Incorporation under the laws of this
19 Commonwealth.
20 (ii) Consent, to the extent authorized by the
21 consent.
22 (iii) The carrying on of a continuous and systematic
23 part of its general business within this Commonwealth.
24 (3) Partnerships, limited partnerships, partnership
25 associations, professional associations, unincorporated
26 associations and similar entities.--
27 (i) Formation under the laws of this Commonwealth.
28 (ii) Consent, to the extent authorized by the
29 consent.
30 (iii) The carrying on of a continuous and systematic
19750S0935B1679 - 196 -
1 part of its general business within this Commonwealth.
2 (b) Scope of jurisdiction.--When jurisdiction over a person
3 is based upon this section any cause of action may be asserted
4 against him, whether or not arising from acts enumerated in this
5 section.
6 § 5302. Land.
7 The tribunals of this Commonwealth shall have jurisdiction
8 over land situated within this Commonwealth whether or not the
9 persons owning or claiming interests therein are subject to the
10 jurisdiction of the tribunals of this Commonwealth.
11 § 5303. Chattels.
12 The tribunals of this Commonwealth shall have jurisdiction
13 over chattels situated within this Commonwealth whether or not
14 the persons owning or claiming interests therein are subject to
15 the jurisdiction of the tribunals of this Commonwealth.
16 § 5304. Documents.
17 The tribunals of this Commonwealth shall have jurisdiction
18 over documents which are within this Commonwealth whether or not
19 the persons owning or claiming interests therein are subject to
20 the jurisdiction of the tribunals of this Commonwealth.
21 § 5305. Corporate shares.
22 The tribunals of this Commonwealth shall have jurisdiction,
23 whether or not the persons owning or claiming interests in the
24 shares or share certificates are subject to the jurisdiction of
25 the tribunals of this Commonwealth:
26 (1) Over shares in a corporation incorporated under the
27 laws of this Commonwealth (subject to the limitations of the
28 act of April 6, 1953 (P.L.3, No.1), known as the "Uniform
29 Commercial Code").
30 (2) Over share certificates which are located within
19750S0935B1679 - 197 -
1 this Commonwealth.
2 (3) Over shares in a corporation represented by share
3 certificates located within this Commonwealth if the law of
4 the jurisdiction of incorporation embodies the share in the
5 share certificates.
6 § 5306. Obligations.
7 The tribunals of this Commonwealth shall have jurisdiction
8 over obligations owed by persons who are subject to the
9 jurisdiction of the tribunals of this Commonwealth whether or
10 not the persons to whom the obligations are owed are subject to
11 the jurisdiction of the tribunals of this Commonwealth.
12 § 5307. Status.
13 The judicial jurisdiction over status granted to the courts
14 of this Commonwealth by the Constitution and laws of this
15 Commonwealth may be exercised:
16 (1) to the extent permitted by the Constitution of the
17 United States, except as limited by the Constitution and laws
18 of this Commonwealth; and
19 (2) in the manner permitted by the laws of this
20 Commonwealth.
F5L18CM/19750S0935B1679 - 198 -