Current through Register Vol. 54, No. 44, November 2, 2024
Rule 103 - Procedure for Adopting, Filing, and Publishing Rules(a)Notice of Proposed Rulemaking.(1) Except as provided in subdivision (a)(3), the initial proposal of a new or amended rule, including any commentary that is to accompany the rule text, shall be: (i) distributed by the proposing Rules Committee to the Pennsylvania Bulletin for publication therein; and(ii) published on the Unified Judicial System's website and shared on the System's applicable social media accounts by using a hyperlink to the System website posting. The proposal shall include a publication notice containing a statement to the effect that written responses regarding the proposed rule or amendment are invited and should be sent directly to the proposing Rules Committee within a specified period of time, and a publication report from the Rules Committee containing the rationale for the proposed rulemaking.
(2) Written responses relating to the proposal shall be sent directly to the proposing Rules Committee within a specified number of days after the publication of the rule or amendment in the Pennsylvania Bulletin, and any written responses shall be reviewed by the said Committee prior to action on the proposal by the Supreme Court. Any further proposals which are based upon the written responses so received need not be, but may be, published in the manner prescribed in subdivision (a)(1).(3) A proposed rule or amendment may be promulgated even though it has not been previously distributed and published in the manner required by subdivisions (a)(1) and (a)(2), where exigent circumstances require the immediate adoption of the proposal; or where the proposed amendment is of a typographical or perfunctory nature; or where in the discretion of the Supreme Court such action is otherwise required in the interests of justice or efficient administration.(b)Rules Adopted or A mended by the Supreme Court.(1) Rules adopted or amended by the Supreme Court, and any adoption report of the Rules Committee, shall be filed in the office of the Prothonotary of the Supreme Court.(2) After an order adopting a rule or amendment has been filed with the Prothonotary of the Supreme Court, the Prothonotary shall forward a certified copy of the order, rule or amendment, and any adoption report to:(i) The publisher of the official version of Supreme Court decisions and opinions who shall cause it to be printed in the first available volume of the State Reports.(ii) The Legislative Reference Bureau for publication in the Pennsylvania Bulletin.(iii) The Administrative Office.(c)Rules of Judicial Administration A d-opted by Other Courts and by Agencies of the System.(1) As used in this subdivision, "local rule" shall include every rule, administrative order, regulation, directive, policy, custom, usage, form, or order of general application, however labeled or promulgated, which is adopted or enforced by a court, council, committee, board, commission or other agency of the unified judicial system to govern judicial administration. This subdivision shall also apply to any amendment of a local rule.(2) Local rules shall not be inconsistent with any general rule of the Supreme Court or any Act of Assembly.(3) When a local rule under this subdivision corresponds to a general rule, the local rule shall be given a number that is keyed to the number of the general rule.(5) All local rules shall be published in the Pennsylvania Bulletin to be effective and enforceable. (ii) The adopting court or agency shall distribute two paper copies of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The adopting court or agency also shall distribute to the Legislative Reference Bureau a copy of the local rule on a computer diskette, CD-ROM, or other agreed upon alternate format that complies with the requirements of 1 Pa. Code § 13.11(b).(iii) The effective date of the local rule shall not be less than 30 days after the date of publication of the local rule in the Pennsylvania Bulletin.(6) Contemporaneously with publishing the local rule in the Pennsylvania Bulletin, the adopting court or agency shall: (i) file one copy of the local rule with the Administrative Office;(ii) publish a copy of the local rule on the website of the court or county in which the adopting court has jurisdiction; and(iii) Thereafter compile the local rule within the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.(7) A compilation of local rules shall be kept continuously available for public inspection and copying in the respective filing office and on the website of the adopting court or county in which the adopting court has jurisdiction. Upon request and payment of reasonable costs of reproduction and mailing, the respective court office shall furnish a person with a copy of any local rule.(8) No pleading or other legal paper shall be refused for filing by the prothonotary or clerk of courts based on a requirement of a local rule unrelated to the payment of filing fees. No case shall be dismissed nor request for relief granted or denied because of failure to initially comply with a local rule. In any case of noncompliance with a local rule, the court shall alert the party to the specific provision at issue and provide a reasonable time for the party to comply with the local rule.(d)Rules of Procedure Adopted by Other Courts of the System.(1) For the purpose of this subdivision, the term "local rule" shall include every rule, administrative order, regulation, directive, policy, custom, usage, form or order of general application, however labeled or promulgated, which is adopted by a court of common pleas and the Philadelphia Municipal Court to govern practice and procedure. This subdivision shall also apply to any amendment of a local rule.(2) Local rules shall not be inconsistent with any general rule of the Supreme Court or any Act of Assembly. A Rules Committee, at any time, may recommend that the Supreme Court suspend, vacate, or require amendment of a local rule.(3) Local rules shall be given numbers that are either keyed to the number of the general rules to which the local rules correspond or assigned by the general rules.(4) All proposed local rules shall be submitted in writing to the appropriate Rules Committee for review. The adopting court shall not proceed with the proposed local rule until it receives written notification from the appropriate Rules Committee that the proposed local rule is not inconsistent with any general rule of the Supreme Court.(5) All local rules shall be published in the Pennsylvania Bulletin to be effective and enforceable. (i) The adopting court shall not publish the local rule in the Pennsylvania Bulletin until it has received the written notification pursuant to subdivision (d)(4).(ii) The adopting court shall distribute two paper copies of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The adopting court also shall distribute to the Legislative Reference Bureau a copy of the local rule on a computer diskette, CD-ROM, or other agreed upon alternate format that complies with the requirements of 1 Pa. Code § 13.11(b).(iii) The effective date of the local rule shall not be less than 30 days after the date of publication of the local rule in the Pennsylvania Bulletin.(6) Contemporaneously with publishing the local rule in the Pennsylvania Bulletin, the adopting court shall:(i) file one copy of the local rule with the Administrative Office;(ii) publish a copy of the local rule on the website of the court or county in which the adopting court has jurisdiction; and(iii) incorporate the local rule in the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.(7) A compilation of local rules shall be kept continuously available for public inspection and copying in the respective filing office and on the website of the adopting court or county in which the adopting court has jurisdiction. Upon request and payment of reasonable costs of reproduction and mailing, the respective court office shall furnish a person with a copy of any local rule.(8) No pleading or other legal paper shall be refused for filing based upon a requirement of a local rule. No case shall be dismissed nor request for relief granted or denied because of failure to initially comply with a local rule. In any case of noncompliance with a local rule, the court shall alert the party to the specific provision at issue and provide a reasonable time for the party to comply with the local rule.The provisions of this Rule 103 adopted and effective 1/13/1972; amended and effective 5/10/1973, 3 Pa.B. 921; renumbered from Supreme Court Rule 85 by Order dated March 15, 1972; amended and effective 4/21/1978, 8 Pa.B. 1271; amended October 10, 1979, effective 10/20/1979, 9 Pa.B. 3509; amended January 28, 1983, effective 7/1/1983, 13 Pa.B. 676; amended February 20, 2001, effective 4/1/2001, 31 Pa.B. 1319; amended May 14, 2013, effective in 30 days, 43 Pa.B. 2988; amended June 28, 2016, effective 8/1/2016, 46 Pa.B. 3790; amended February 3, 2017, effective immediately, 47 Pa.B. 937; amended June 10, 2021, effective 10/1/2021, 51 Pa.B. 3440.Amended by Pennsylvania Bulletin, Vol 53, No. 31. August 5, 2023, effective 8/5/2023