In Re: Order Amending Rules 801-816, 818 and 820, and Ascending Rule 817 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges

Summary

This document amends Pennsylvania Rules of Civil Procedure 801–816, 818, and 820 and rescinds Rule 817 governing actions and proceedings before magisterial district judges. The amendments update terminology concerning incapacitated persons, clarify representation and procedural protections for minors and incapacitated persons, and address judgments, settlements, service, and appellate proceedings.

Holdings

1. The court amended Rules 801–816, 818, and 820 to revise definitions and procedures governing minors and incapacitated persons, including representation by guardians, service, judgments, settlements, undisclosed incapacity, and appellate proceedings.
2. Rule 817 was rescinded because it was no longer necessary after the statutory definition of an incapacitated person was changed to refer only to adults.

Questions Presented

1. Whether the Pennsylvania Rules of Civil Procedure governing actions before magisterial district judges should be amended to replace terminology concerning incompetency with terminology concerning incapacitated persons and to revise related guardianship procedures.
2. Whether Rule 817, addressing a party who is both an incompetent and a minor, should be rescinded because the statutory definition of an incapacitated person makes the rule unnecessary.

Disposition

other