CHAPTER 53

BASES OF JURISDICTION AND INTERSTATE

AND INTERNATIONAL PROCEDURE

 

Subchapter

A.  General Provisions

B.  Interstate and International Procedure

B.1. Foreign Depositions and Subpoenas

C.  Child Custody Jurisdiction (Repealed)

 

Enactment.  Chapter 53 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.

Cross References.  Chapter 53 is referred to in section 1579 of Title 15 (Corporations and Unincorporated Associations).

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

5301.  Persons.

5302.  Land.

5303.  Chattels.

5304.  Documents.

5305.  Corporate shares.

5306.  Obligations.

5307.  Status.

5308.  Necessary minimum contacts.

§ 5301.  Persons.

(a)  General rule.--The existence of any of the following relationships between a person and this Commonwealth shall constitute a sufficient basis of jurisdiction to enable the tribunals of this Commonwealth to exercise general personal jurisdiction over such person, or his personal representative in the case of an individual, and to enable such tribunals to render personal orders against such person or representative:

(1)  Individuals.--

(i)  Presence in this Commonwealth at the time when process is served.

(ii)  Domicile in this Commonwealth at the time when process is served.

(iii)  Consent, to the extent authorized by the consent.

(2)  Corporations.--

(i)  Incorporation under or qualification as a foreign corporation under the laws of this Commonwealth.

(ii)  Consent, to the extent authorized by the consent.

(iii)  The carrying on of a continuous and systematic part of its general business within this Commonwealth.

(3)  Partnerships, limited partnerships, partnership associations, professional associations, unincorporated associations and similar entities.--

(i)  Formation under or qualification as a foreign entity under the laws of this Commonwealth.

(ii)  Consent, to the extent authorized by the consent.

(iii)  The carrying on of a continuous and systematic part of its general business within this Commonwealth.

(b)  Scope of jurisdiction.--When jurisdiction over a person is based upon this section any cause of action may be asserted against him, whether or not arising from acts enumerated in this section. Discontinuance of the acts enumerated in subsection (a)(2)(i) and (iii) and (3)(i) and (iii) shall not affect jurisdiction with respect to any act, transaction or omission occurring during the period such status existed.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 10, 1981, P.L.237, No.77, eff. 60 days)

 

Cross References.  Section 5301 is referred to in section 5322 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations); section 1502 of Title 17 (Credit Unions).

§ 5302.  Land.

The tribunals of this Commonwealth shall have jurisdiction over land situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.

 

Cross References.  Section 5302 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).

§ 5303.  Chattels.

The tribunals of this Commonwealth shall have jurisdiction over chattels situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.

 

Cross References.  Section 5303 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).

§ 5304.  Documents.

The tribunals of this Commonwealth shall have jurisdiction over documents situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.

(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)

 

Cross References.  Section 5304 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).

§ 5305.  Corporate shares.

The tribunals of this Commonwealth shall have jurisdiction, whether or not the persons owning or claiming interests in the shares or share certificates are subject to the jurisdiction of the tribunals of this Commonwealth:

(1)  Over shares in a corporation incorporated under the laws of this Commonwealth (subject to the limitations of Title 13 (relating to commercial code)).

(2)  Over share certificates which are located within this Commonwealth.

(3)  Over shares in a corporation represented by share certificates located within this Commonwealth if the law of the jurisdiction of incorporation embodies the share in the share certificates.

(Nov. 1, 1979, P.L.255, No.86, eff. Jan. 1, 1980)

 

Cross References.  Section 5305 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).

§ 5306.  Obligations.

The tribunals of this Commonwealth shall have jurisdiction over obligations owed by persons who are subject to the jurisdiction of the tribunals of this Commonwealth whether or not the persons to whom the obligations are owed are subject to the jurisdiction of the tribunals of this Commonwealth.

 

Cross References.  Section 5306 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).

§ 5307.  Status.

The judicial jurisdiction over status granted to the courts of this Commonwealth by the Constitution and statutes of this Commonwealth may be exercised:

(1)  to the extent permitted by the Constitution of the United States, except as limited by the Constitution and laws of this Commonwealth; and

(2)  in the manner permitted by the laws of this Commonwealth.

 

Cross References.  Section 5307 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).

§ 5308.  Necessary minimum contacts.

The tribunals of this Commonwealth may exercise jurisdiction under this subchapter only where the contact with this Commonwealth is sufficient under the Constitution of the United States.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

 

1978 Amendment.  Act 53 added section 5308.

Cross References.  Section 5308 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).

 

 

SUBCHAPTER B

INTERSTATE AND INTERNATIONAL PROCEDURE

 

Sec.

5321.  Short title of subchapter.

5322.  Bases of personal jurisdiction over persons outside this Commonwealth.

5323.  Service of process on persons outside this Commonwealth.

5324.  Assistance to tribunals and litigants outside this Commonwealth with respect to service.

5325.  When and how a deposition may be taken outside this Commonwealth.

5326.  Assistance to tribunals and litigants outside this Commonwealth with respect to depositions (Repealed).

5327.  Determination of foreign law.

5328.  Proof of official records.

5329.  Other provisions of law unaffected.

§ 5321.  Short title of subchapter.

This subchapter shall be known and may be cited as the "Uniform Interstate and International Procedure Act."

 

Cross References.  Section 5321 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).

§ 5322.  Bases of personal jurisdiction over persons outside this Commonwealth.

(a)  General rule.--A tribunal of this Commonwealth may exercise personal jurisdiction over a person (or the personal representative of a deceased individual who would be subject to jurisdiction under this subsection if not deceased) who acts directly or by an agent, as to a cause of action or other matter arising from such person:

(1)  Transacting any business in this Commonwealth. Without excluding other acts which may constitute transacting business in this Commonwealth, any of the following shall constitute transacting business for the purpose of this paragraph:

(i)  The doing by any person in this Commonwealth of a series of similar acts for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object.

(ii)  The doing of a single act in this Commonwealth for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object with the intention of initiating a series of such acts.

(iii)  The shipping of merchandise directly or indirectly into or through this Commonwealth.

(iv)  The engaging in any business or profession within this Commonwealth, whether or not such business requires license or approval by any government unit of this Commonwealth.

(v)  The ownership, use or possession of any real property situate within this Commonwealth.

(2)  Contracting to supply services or things in this Commonwealth.

(3)  Causing harm or tortious injury by an act or omission in this Commonwealth.

(4)  Causing harm or tortious injury in this Commonwealth by an act or omission outside this Commonwealth.

(5)  Having an interest in, using, or possessing real property in this Commonwealth.

(6)  (i)  Contracting to insure any person, property, or risk located within this Commonwealth at the time of contracting.

(ii)  Being a person who controls, or who is a director, officer, employee or agent of a person who controls, an insurance company incorporated in this Commonwealth or an alien insurer domiciled in this Commonwealth.

(iii)  Engaging in conduct described in section 504 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921.

(7)  Accepting election or appointment or exercising powers under the authority of this Commonwealth as a:

(i)  Personal representative of a decedent.

(ii)  Guardian of a minor or incapacitated person.

(iii)  Trustee or other fiduciary.

(iv)  Director or officer of a corporation.

(8)  Executing any bond of any of the persons specified in paragraph (7).

(9)  Making application to any government unit for any certificate, license, permit, registration or similar instrument or authorization or exercising any such instrument or authorization.

(10)  Committing any violation within the jurisdiction of this Commonwealth of any statute, home rule charter, local ordinance or resolution, or rule or regulation promulgated thereunder by any government unit or of any order of court or other government unit.

(b)  Exercise of full constitutional power over nonresidents.--In addition to the provisions of subsection (a) the jurisdiction of the tribunals of this Commonwealth shall extend to all persons who are not within the scope of section 5301 (relating to persons) to the fullest extent allowed under the Constitution of the United States and may be based on the most minimum contact with this Commonwealth allowed under the Constitution of the United States.

(c)  Scope of jurisdiction.--When jurisdiction over a person is based solely upon this section, only a cause of action or other matter arising from acts enumerated in subsection (a), or from acts forming the basis of jurisdiction under subsection (b), may be asserted against him.

(d)  Service outside this Commonwealth.--When the exercise of personal jurisdiction is authorized by this section, service of process may be made outside this Commonwealth.

(e)  Inconvenient forum.--When a tribunal finds that in the interest of substantial justice the matter should be heard in another forum, the tribunal may stay or dismiss the matter in whole or in part on any conditions that may be just.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

 

1992 Amendment.  Act 24 amended subsec. (a).

Cross References.  Section 5322 is referred to in sections 5323, 5329, 62A05 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations); section 6103 of Title 23 (Domestic Relations).

§ 5323.  Service of process on persons outside this Commonwealth.

(a)  Manner of service.--When the law of this Commonwealth authorizes service of process outside this Commonwealth, the service, when reasonably calculated to give actual notice, may be made:

(1)  By personal delivery in the manner prescribed for service within this Commonwealth.

(2)  In the manner provided or prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction.

(3)  By any form of mail addressed to the person to be served and requiring a signed receipt.

(4)  As directed by the foreign authority in response to a letter rogatory.

(5)  As directed by a court.

(b)  Proof of service.--Proof of service outside this Commonwealth may be made by affidavit of the individual who made the service or in the manner provided or prescribed by the law of this Commonwealth, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the tribunal.

(c)  Individuals eligible to make service.--Service outside this Commonwealth may be made by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is made or who is designated by a tribunal of this Commonwealth.

(d)  Certain individuals to be served.--When the law of this Commonwealth requires that in order to effect service one or more designated individuals be served, service outside this Commonwealth under section 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth) must be made upon the designated individual or individuals.

 

Saved from Suspension.  Pennsylvania Rule of Civil Procedure No. 449, adopted June 3, 1994, provided that section 5323 shall not be deemed suspended or affected by Rules 400 through 441 relating to service of original process and other legal papers.

Cross References.  Section 5323 is referred to in section 5329 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations).

§ 5324.  Assistance to tribunals and litigants outside this Commonwealth with respect to service.

(a)  General rule.--A court of record of this Commonwealth may order service upon any person who is domiciled or can be found within this Commonwealth of any document issued in connection with a matter in a tribunal outside this Commonwealth. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this Commonwealth and shall direct the manner of service.

(b)  Court order not necessary.--Service in connection with a matter in a tribunal outside this Commonwealth may be made within this Commonwealth without an order of court.

(c)  Effect on recognition of order.--Service under this section does not, of itself, require the recognition or enforcement of an order rendered outside this Commonwealth.

 

Cross References.  Section 5324 is referred to in section 5329 of this title.

§ 5325.  When and how a deposition may be taken outside this Commonwealth.

(a)  General rule.--A deposition to obtain testimony or documents or other things in a matter pending in this Commonwealth may be taken outside this Commonwealth:

(1)  On reasonable notice in writing to all parties, setting forth the time and place for taking the deposition, the name and address of each person to be examined, if known, and if not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title of the person before whom the deposition will be taken. The deposition may be taken before a person authorized to administer oaths in the place in which the deposition is taken by the law thereof or by the law of this Commonwealth or the United States.

(2)  Before a person commissioned by the tribunal of this Commonwealth. The person so commissioned has the power by virtue of his commission to administer any necessary oath.

(3)  Pursuant to a letter rogatory issued by the court. A letter rogatory may be addressed "To the Appropriate Authority in (here name the state or country)."

(4)  In any manner before any person, at any time or place, or upon any notice stipulated by the parties. A person designated by the stipulation has the power by virtue of his designation to administer any necessary oath.

(b)  Commission or letter rogatory.--A commission or a letter rogatory shall be issued after notice and application to the court, and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and a letter rogatory may be issued in proper cases. Evidence obtained in a foreign country in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within this Commonwealth.

(c)  Deposition prior to commencement of matter.--When no matter is pending, a tribunal of this Commonwealth may authorize a deposition to be taken outside this Commonwealth of any person regarding any matter that may be cognizable in any tribunal of this Commonwealth. Subject to general rules, the tribunal may prescribe the manner in which and the terms upon which the deposition shall be taken.

 

Saved from Suspension.  Pennsylvania Rule of Civil Procedure No. 4023, adopted November 20, 1978, provided that section 5325 shall not be deemed suspended or affected. Rules 4001 through 4025 relate to depositions and discovery.

Cross References.  Section 5325 is referred to in sections 5329, 5919 of this title.

§ 5326.  Assistance to tribunals and litigants outside this Commonwealth with respect to depositions (Repealed).

 

2012 Repeal.  Section 5326 was repealed October 24, 2012, P.L.1459, No.183, effective in 60 days.

§ 5327.  Determination of foreign law.

(a)  Notice.--A party who intends to raise an issue concerning the law of any jurisdiction or governmental unit thereof outside this Commonwealth shall give notice in his pleadings or other reasonable written notice.

(b)  Materials to be considered.--In determining the law of any jurisdiction or governmental unit thereof outside this Commonwealth, the tribunal may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence.

(c)  Court decision and review.--The court, not jury, shall determine the law of any governmental unit outside this Commonwealth. The determination of the tribunal is subject to review on appeal as a ruling on a question of law.

 

Cross References.  Section 5327 is referred to in section 5329 of this title.

§ 5328.  Proof of official records.

(a)  Domestic record.--An official record kept within the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied by a certificate that the officer has the custody. The certificate may be made by a judge of a court of record having jurisdiction in the governmental unit in which the record is kept, authenticated by the seal of the court, or by any public officer having a seal of office and having official duties in the governmental unit in which the record is kept, authenticated by the seal of his office.

(b)  Foreign record.--A foreign official record, or an entry therein, when admissible for any purpose, may be evidenced by an official publication or copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature and official position:

(1)  of the attesting person; or

(2)  of any foreign official whose certificate of genuineness of signature and official position either:

(i)  relates to the attestation; or

(ii)  is in a chain of certificates of genuineness of signature and official position relating to the attestation.

A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the tribunal may, for good cause shown, admit an attested copy without final certification or permit the foreign official record to be evidenced by an attested summary with or without a final certification.

(c)  Alternative method for certain domestic and foreign records.--The statutes, codes, written laws, executive acts, or legislative or judicial proceedings of any domestic or foreign jurisdiction or governmental unit thereof may also be evidenced by any publication proved to be commonly accepted as proof thereof in the tribunals having jurisdiction in that governmental unit.

(d)  Lack of record.--A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in this section in the case of a domestic record, or complying with the requirements of this section for a summary in the case of a record in a foreign country, is admissible as evidence that the records contain no such record or entry.

 

Cross References.  Section 5328 is referred to in sections 5329, 6105, 6110 of this title; section 202 of Title 15 (Corporations and Unincorporated Associations).

§ 5329.  Other provisions of law unaffected.

Except as otherwise provided in this subchapter, this subchapter does not repeal or modify any law of this Commonwealth:

(1)  Authorizing the exercise of jurisdiction on any basis other than the bases specified in section 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth).

(2)  Permitting a procedure for service or for obtaining testimony, documents, or other things for use in this Commonwealth or in a tribunal outside this Commonwealth other than the procedures prescribed in section 5323 (relating to service of process on persons outside this Commonwealth) through section 5326 (relating to assistance to tribunals and litigants outside this Commonwealth with respect to depositions).

(3)  Authorizing the determination of foreign law or the proof of official records or any entry or lack of entry therein by any method other than the methods prescribed in section 5327 (relating to determination of foreign law) and section 5328 (relating to proof of official records).

 

Saved from Suspension.  Pennsylvania Rule of Civil Procedure No. 449, adopted June 3, 1994, provided that section 5329 shall not be deemed suspended or affected by Rules 400 through 441 relating to service of original process and other legal papers.

References in Text.  Section 5326, referred to in this section, is repealed.

 

 

SUBCHAPTER B.1

FOREIGN DEPOSITIONS AND SUBPOENAS

 

Sec.

5331.  Short title of subchapter.

5332.  Scope of subchapter.

5333.  Definitions.

5334.  Principles of construction.

5335.  Issuance of subpoena.

5336.  Pennsylvania rules applicable.

5337.  Application to court.

 

Enactment.  Subchapter B.1 was added October 24, 2012, P.L.1459, No.183, effective in 60 days.

Request for Discovery.  Section 3 of Act 183 of 2012 provided that Subchapter B.1 applies to requests for discovery in cases pending on the effective date of section 3.

§ 5331.  Short title of subchapter.

This subchapter shall be known and may be cited as the Uniform Interstate Depositions and Discovery Act.

§ 5332.  Scope of subchapter.

This subchapter shall apply to any civil action or proceeding in a foreign jurisdiction where discovery is sought in this Commonwealth.

§ 5333.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Foreign jurisdiction."  A state other than Pennsylvania.

"Foreign subpoena."  A subpoena issued under authority of a court of record of a foreign jurisdiction.

"Person."  An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

"Prothonotary."  The term includes a clerk of court, where applicable.

"State."  A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.

"Subpoena."  A document, however denominated, issued under authority of a court of record requiring a person to:

(1)  attend and give testimony at a deposition, hearing or trial;

(2)  produce and permit inspection and copying of designated books, documents, records, electronically stored information or tangible things in the possession, custody or control of the person; or

(3)  permit inspection of premises under the control of the person.

§ 5334.  Principles of construction.

In applying and construing this subchapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§ 5335.  Issuance of subpoena.

(a)  General rule.--To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a prothonotary in the jurisdiction in which the person who is the subject of the order resides, is employed or regularly transacts business in person. A request for the issuance of a subpoena under this subchapter does not constitute an appearance in the courts of this Commonwealth.

(b)  Duty of prothonotary.--A prothonotary in receipt of a foreign subpoena shall, in accordance with that court's procedure, promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.

(c)  Contents of subpoena.--A subpoena under subsection (b) must:

(1)  Incorporate the terms used in the foreign subpoena.

(2)  Contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(d)  Voluntary compliance.--A person within this Commonwealth not served with a subpoena under this section may voluntarily give his testimony or statement or produce documents or other things for use in a matter before a tribunal outside this Commonwealth.

 

Cross References.  Section 5335 is referred to in section 5337 of this title.

§ 5336.  Pennsylvania rules applicable.

The Pennsylvania Rules of Civil Procedure and any statutes relating to service of subpoenas and compliance with subpoenas shall apply to all subpoenas issued under this subchapter. Such rules shall include, but are not limited to, the following:

No. 4009.21 (relating to Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections).

No. 4009.22 (relating to Service of Subpoena).

No. 4009.23 (relating to Certificate of Compliance By a Person Not a Party. Notice of Documents or Things Received).

No. 4009.24 (relating to Notice of Intent to Serve Subpoena. Objection to Subpoena. Forms).

No. 4009.25 (relating to Certificate Prerequisite to Service of Subpoena. Form).

No. 4009.26 (relating to Subpoena to Produce Documents or Things. Form).

No. 4009.27 (relating to Certificate of Compliance. Form).

§ 5337.  Application to court.

(a)  General rule.--An application to a court for a protective order or to enforce, quash or modify a subpoena issued by a prothonotary under section 5335 (relating to issuance of subpoena) must comply with the rules and statutes of this Commonwealth and be submitted to the court that ordered service of the subpoena.

(b)  Authority for order.--Upon application, the court may proceed as provided by the applicable rules and laws of this Commonwealth, including, but not limited to: section 4132 (relating to attachment and summary punishment for contempts); Chapter 59 (relating to depositions and witnesses); Pa.R.C.P. Nos. 4011 (relating to Limitation of Scope of Discovery and Deposition) and 4012 (relating to Protective Orders).

 

 

 

SUBCHAPTER C

CHILD CUSTODY JURISDICTION

(Repealed)

 

1990 Repeal.  Subchapter C (§§ 5341 - 5366) was added October 5, 1980, P.L.693, No.142, and repealed December 19, 1990, P.L.1240, No.206, effective in 90 days. The subject matter is now contained in Subchapter C of Chapter 53 of Title 23 (Domestic Relations).