§ 1702. Rule making procedures.
(a) General rule.--Subject to the provisions of subsection (b), the Supreme Court and all agencies or
units of the unified judicial system when exercising the power to adopt general rules
or other orders in the nature of regulations pursuant to the authority of the Supreme
Court under section 1721 (relating to delegation of powers) shall be an agency within
the meaning of the act of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth
Documents Law," and shall be subject to all of the provisions of such act except section
205 (relating to approval as to legality). All such general rules and orders shall
be published pursuant to Part II of Title 45 (relating to publication and effectiveness
of Commonwealth Documents).
(b) Scope.--The provisions of subsection (a) shall apply only to a rule or order adopted pursuant
to the following provisions of this title or which is otherwise based in whole or
in part upon authority conferred by any provision of this title or by other statutory
authority:
Section 503 (relating to reassignment of matters).
Section 1722(b) (relating to enforcement and effect of orders and process).
Section 1722(c) (relating to time limitations).
Section 1725 (relating to establishment of fees and charges).
Section 1726 (relating to establishment of taxable costs).
Section 1728 (relating to recognition of related organizations).
The provisions of subsection (a) shall also apply to other rules and orders to the
extent prescribed by general rule.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (a).
Notes of Decisions
Stackhouse v. Commonwealth, 832 A.2d 1004 (Pa. 2003).
· cites it 2× “See generally 42 Pa.C.S. §§ 1702(a) (relating to the courts' "power to adopt general rules").”
Chang v. Camelback Ski Corp., 43 Pa. D. & C.4th 81 (1999).
“However, its substance was codified as subsection “c” of the Comparative Negligence Act, 42 Pa.C.S. § 1702(c) which provides: “(c) Downhill skiing.”
In Re: Order Amending Rules 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501-1504, 1511-1517, 1531, 1532, 1541-1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 & Adopting Rule (Pa. 2020).
“[See generally] See generally 42 Pa.C.S. §§ 1702 (regarding the Supreme Court’s rulemaking procedures), 1722(c) (Time limitations), 5501—5574 (Limitations of time).”
In Re: Order Amending Rules 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501-1504, 1511-1517, 1531, 1532, 1541-1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 & Adopting Rule (Pa. 2020).
“[See generally] See generally 42 Pa.C.S. §§ 1702 (regarding the Supreme Court’s rulemaking procedures), 1722(c) (Time limitations), 5501—5574 (Limitations of time).”
Santana v. Wentzien, 26 Pa. D. & C.4th 22 (1995).
“) Also, paragraph 16 under new matter referred to the affirmative defense of contributory negligence pursuant to Pennsylvania Contributory Negligence Act, 42 Pa.C.S. § 1702. There was no mention in the new matter of any defenses pursuant to the New Jersey Automobile Reparation…”
— 42 Pa. Cons. Stat. § 1702(a) — 1 case
Stackhouse v. Commonwealth, 832 A.2d 1004 (Pa. 2003).
“See generally 42 Pa.C.S. §§ 1702(a) (relating to the courts' "power to adopt general rules").”
— 42 Pa. Cons. Stat. § 1702(c) — 1 case
Chang v. Camelback Ski Corp., 43 Pa. D. & C.4th 81 (1999).
“However, its substance was codified as subsection “c” of the Comparative Negligence Act, 42 Pa.C.S. § 1702(c) which provides: “(c) Downhill skiing.”
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