Order Adopting Rule 205.6 and Amending Rules 229.2, 240, 1018, 2028 of PA RCP

Summary

This Pennsylvania Supreme Court order adopts Pennsylvania Rule of Civil Procedure 205.6 concerning confidential information, confidential documents, and required certifications under the Unified Judicial System Public Access Policy. It also amends Rules 229.2, 240, 1018, and 2028 concerning structured settlement transfers, in forma pauperis proceedings, captions, and actions involving minors.

Holdings

1. A person filing a document under the Pennsylvania Rules of Civil Procedure must comply with Sections 7.0 and 8.0 of the Public Access Policy, including the required certification and, when applicable, a Confidential Information Form or Confidential Document Form, unless otherwise provided by rule or court order.
2. A party without financial resources to pay litigation costs is entitled to proceed in forma pauperis subject to the procedures, certifications, continuing obligations, fee consequences, and exceptions specified in amended Rule 240.
3. Pennsylvania pleadings must use the captioning and party-designation requirements in Rules 1018 and 2028, including designating a minor by the initials of the minor's first and last names and identifying the guardian in an action brought by a minor.
4. A petition to transfer structured-settlement payment rights must include a payee affidavit substantially in the form prescribed by amended Rule 229.2, including information concerning marital status, dependents, income, prior transfers, reasons for the proposed transfer, and debts.

Questions Presented

1. What requirements should govern the filing and certification of confidential information and confidential documents in Pennsylvania civil proceedings?
2. How should the required affidavit for a petition to transfer structured-settlement payment rights be revised?
3. How should in forma pauperis procedures apply to civil actions, proceedings, appeals, and domestic-relations matters?
4. How should pleadings be captioned when minors are parties?
5. What averments and designations are required in actions brought by or against minors?

Disposition

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