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In re Order Amending Rule 314 of Pennsylvania Rules of Civil Procedure Before Magisterial District Judge

Supreme Court of Pennsylvania

April 20, 2018

IN RE: ORDER AMENDING RULE 314 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE BEFORE MAGISTERIAL DISTRICT JUDGES

         MAGISTERIAL RULES DOCKET

          ORDER

          PER CURIAM

         AND NOW, this 20th day of April, 2018, upon the recommendation of the Minor Court Rules Committee, the proposal having been published for public comment at 47 Pa.B. 4082 (July 29, 2017):

         It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 314 of the Pennsylvania Rules of Civil Procedure Before Magisterial District Judges is amended in the attached form.

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on July 1, 2018.

         Additions to the rule are shown in bold and are underlined. Deletions from the rule are shown in bold and brackets.

         Rule 314. Return, Waiver and Failure of Service; Reinstatement

         A. The person serving the complaint shall, at or before the time of the hearing, make proof of service which shall show (1) the manner of service, (2) the date, time, and place of service and, (3) the name and relationship or title, if any, of the person on whom the complaint was served. The proof of service shall be filed with the original complaint.

         B. When service is made by certified mail or comparable delivery method resulting in a return receipt in paper or electronic form, the return receipt shall be filed with the original complaint.

         C. The appearance of a defendant in person or by representative or the filing by a defendant of a claim in the case shall be deemed a waiver of any defect in service but not a waiver of a defect in venue.

         D. If the complaint is not served on the defendant in time to permit holding a hearing within 60 days of the filing of the complaint, the magisterial district judge shall dismiss the complaint without prejudice.

         E. (1) When the complaint is dismissed without prejudice for failure to make service pursuant to paragraph D of this rule as to all defendants, [U]pon written request of the plaintiff[, a complaint that has been dismissed without prejudice for failure to make service pursuant to subdivision D of this rule] the complaint may be reinstated at any time and any number of times. The date of reinstatement shall be the date upon which the request for reinstatement is filed.

         (2) When the complaint has been filed against multiple defendants and subsequently dismissed without prejudice for failure to make service pursuant to paragraph D of this rule as to less than all defendants, any further action against an unserved defendant after a hearing on the merits or the entry of a default judgment must be initiated by the filing of a new complaint.

         Official Note: The provision concerning appearance not being a waiver of venue was inserted in [subdivision] paragraph C of this rule to prevent the concentration of business in the office of a favorable magisterial district judge. Also, the public cannot generally be ...


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