Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 1722 (2026)

Adoption of administrative and procedural rules.

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 1722. Adoption of administrative and procedural rules.

(a) General rule.--The governing authority shall have the power to prescribe and modify general rules governing:

(1) Practice, procedure and the conduct of all courts, magisterial district judges and all officers serving process or enforcing orders of any court or magisterial district judge and for admission to the bar and to practice law, and the administration of all courts and the supervision of all officers of the judicial branch, if such rules are consistent with the Constitution of Pennsylvania and neither abridge, enlarge nor modify the substantive rights of any litigant, nor affect the right of the General Assembly to determine the jurisdiction of any court or magisterial district judge, nor suspend nor alter any statute of limitation or repose. All statutes shall be suspended to the extent that they are inconsistent with rules prescribed under this paragraph.

(2) The prescription of canons of ethics applicable to judges and magisterial district judges and the prescription of rules or canons applicable to the activities of all other personnel of the system.

(3) Procedure under section 18 of Article V of the Constitution of Pennsylvania.

(4) Procedure under section 18 of Article V of the Constitution of Pennsylvania for the suspension, removal, discipline and compulsory retirement of magisterial district judges.

(5) Any matter which is specifically authorized by statute to be governed by general rules.

A governing authority other than the Supreme Court shall not have power to prescribe general rules for assignment or reassignment of classes of matters among the several courts and magisterial district judges under section 503 (relating to reassignment of matters) or otherwise.

(b) Enforcement and effect of orders and process.--To the extent, if any, that such powers shall not be conferred by the provisions of subsection (a)(1) and (5), the governing authority shall have power to prescribe and modify general rules, consistent with this title and any other applicable unrepealed statute, governing:

(1) The effect of judgments and other orders of, and the right to and effect of attachments and other process issuing out of, a tribunal, and the manner of the enforcement of any thereof, including the time during which and the property with respect to which they shall be a lien, the relative priority of liens and other claims, stays of execution which may or shall be granted, satisfaction of judgments and dissolution of attachments, and all other matters relating to judgments and other orders and attachments and other process which have been regulated heretofore by statute.

(2) The powers and duties of system and related personnel serving process or enforcing orders, insofar as such powers and duties relate to the custody of and the judicial sale or other disposition of property of judgment debtors and other property within the jurisdiction of a tribunal. Any such system or related personnel who shall comply with the provisions of such rules shall be free from all liability to any person with respect to action in pursuance of such rules.

A statute shall be repealed for the purposes of this subsection only if it has been expressly repealed absolutely or insofar as inconsistent with general rules prescribed pursuant to this subsection.

(c) Time limitations.--The governing authority shall have power to prescribe and modify general rules:

(1) On any subject covered by Subchapter D of Chapter 55 (relating to appeals).

(2) Specifying the time within which a matter must be commenced under section 708 (relating to improvident administrative appeals and other matters) or otherwise objecting to a determination of a government unit.

The provisions of Chapter 55 (relating to limitation of time) and all other statutes shall be suspended to the extent that they are inconsistent with rules prescribed under this subsection. The intention of this subsection is to authorize the governing authority to develop and maintain uniformity in time periods within the scope of this subsection by eliminating statutory time limitations which are inconsistent with the general pattern of similar time limitations then in effect.

(July 20, 1979, P.L.157, No.52, eff. 60 days; July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Loan Interest and Protection Law. Section 11 of Act 142 of 1976 provided that nothing in section 1722(b) of this title or in any other provision of Act 142 shall in any way repeal, modify or otherwise affect the act of January 30, 1974, P.L.13, No.6, referred to as the Loan Interest and Protection Law.

Cross References. Section 1722 is referred to in sections 1702, 4302, 4303, 5504, 5573 of this title; section 702 of Title 44 (Law and Justice).

Notes of Decisions

Cited in 55 cases (4 in the last 5 years), 1979–2024 · leading case: Womer v. Hilliker, 908 A.2d 269 (Pa. 2006).

Sort: Relevance Newest Treatment

Womer v. Hilliker, 908 A.2d 269 (Pa. 2006). · cites it 2× “V, §10(c); 42 Pa.C.S. §1722. The procedure we provided in the professional liability action rules centers on the filing of a COM.”

Commonwealth v. Dugger, 486 A.2d 382 (Pa. 1985). · cites it 2× “42 Pa.C.S. § 1722. Thus the Commonwealth's right to appellate review of a suppression order is based on the definition of such an order as "a final order by general rule".”

Montgomery Cnty. v. MERSCORP, Inc., 904 F. Supp. 2d 436 (E.D. Pa. 2012). · cites it 4× “§ 61, as under its replacement, 42 Pa. Cons.Stat. § 1722(a), the Pennsylvania Rules of Civil Procedure, like all rules promulgated by the Pennsylvania Supreme Court, may neither “abridge, enlarge, nor modify the substantive rights of any litigant, nor affect *447 the right of…”

Commonwealth v. Pearson, 685 A.2d 551 (Pa. Super. Ct. 1996). · cites it 2× “See 42 Pa.C.S. § 1722(a)(1) (the Pennsylvania Supreme Court shall have the power to prescribe the rules of procedure that govern Pennsylvania Courts); see also Commonwealth v.”

J.D. Grine v. Cnty. of Centre, The McShane Firm, LLC & T.C. Tanski Appeal of: Cnty. of Centre K. Gillette-Walker v. Cnty. of Centre, Shubin Law Off., P.C., & S.P. McGraw Appeal of: Cnty. of Centre, 138 A.3d 88 (Pa. Commw. Ct. 2016). “42 Pa.C.S. § 1722 (the Supreme Court may adopt procedural rules involving "the administration of all courts and the supervision of all officers of the judicial branch.”

Commonwealth v. Geschwendt, 454 A.2d 991 (Pa. 1982). · cites it 2× “1982), and replaced by 42 Pa.C.S. § 1722(a)(1). [4] Appellant's Brief at 26.”

Commonwealth v. Crosby, 568 A.2d 233 (Pa. 1990). · cites it 2× “However, because the statute authorizing the Supreme Court to promulgate the Rules of Criminal Procedure expressly provides that the Court is not empowered to "abridge, enlarge nor modify the substantive rights of any litigant," 42 Pa.C.S. § 1722(a)(1), unless there is some…”

In Re the Interest of C.K., 535 A.2d 634 (Pa. 1987). · cites it 2× “, dissenting to denial of reargument); 42 Pa.Cons. Stat.Ann. §§ 1722, 5501(a), 5504, 5571 (1982).”

Com. v. J. Irland Smith & Wesson 9MM Semi-Automatic Pistol, Serial PDW0493, 153 A.3d 469 (Pa. Commw. Ct. 2017). “However, because the statute authorizing the Supreme Court to promulgate the Rules of Criminal Procedure expressly provides that the Court is not empowered to “abridge, enlarge nor modify the substantive rights of any litigant,” 42 Pa. C.S. § 1722(a)(1), unless there is some…”

Payne v. Commonwealth Dep't of Corr., 813 A.2d 918 (Pa. Commw. Ct. 2002). · cites it 2× “V, § 10(c) (emphasis added); see also Section 1722 of the Judicial Code, 42 Pa.C.S. § 1722 (vesting in the Supreme Court procedural rulemaking authority).”

Giovagnoli v. State Civil Serv. Comm'n, 868 A.2d 393 (Pa. 2005). · cites it 2× “V, § 10(c); 42 Pa.C.S. § 1722(a)(1), and there is benefit to some consistency in the area.”

Cherry v. City of Philadelphia, 692 A.2d 1082 (Pa. 1997). · cites it 2× “…[7] Act of May 21, 1943, P.L. 571, Art. § 101 et seq., 72 P.S. § 5453.101 et seq. [8] Pa. Const. Art. 5, § 10 cl. c; 42 Pa.C.S. § 1722(a)(1).”

Show all 55 citing cases →

— 42 Pa. Cons. Stat. § 1722(a) — 6 cases

Montgomery Cnty. v. MERSCORP, Inc., 904 F. Supp. 2d 436 (E.D. Pa. 2012). “§ 61, as under its replacement, 42 Pa. Cons.Stat. § 1722(a), the Pennsylvania Rules of Civil Procedure, like all rules promulgated by the Pennsylvania Supreme Court, may neither “abridge, enlarge, nor modify the substantive rights of any litigant, nor affect *447 the right of…”

Lashe v. N. York Cnty. Sch. Dist., 417 A.2d 260 (Pa. Commw. Ct. 1980).

DiSanto v. Dauphin Consol. Water Supply Co., 436 A.2d 197 (Pa. Super. Ct. 1981).

Crawford v. Commonwealth, 556 A.2d 547 (Pa. Commw. Ct. 1989).

Perry v. Commonwealth, 3 Pa. D. & C.5th 175 (2007).

— 42 Pa. Cons. Stat. § 1722(a)(1) — 25 cases

Commonwealth v. Pearson, 685 A.2d 551 (Pa. Super. Ct. 1996). “See 42 Pa.C.S. § 1722(a)(1) (the Pennsylvania Supreme Court shall have the power to prescribe the rules of procedure that govern Pennsylvania Courts); see also Commonwealth v.”

Commonwealth v. Geschwendt, 454 A.2d 991 (Pa. 1982). “1982), and replaced by 42 Pa.C.S. § 1722(a)(1). [4] Appellant's Brief at 26.”

Commonwealth v. Crosby, 568 A.2d 233 (Pa. 1990). “However, because the statute authorizing the Supreme Court to promulgate the Rules of Criminal Procedure expressly provides that the Court is not empowered to "abridge, enlarge nor modify the substantive rights of any litigant," 42 Pa.C.S. § 1722(a)(1), unless there is some…”

Giovagnoli v. State Civil Serv. Comm'n, 868 A.2d 393 (Pa. 2005). “V, § 10(c); 42 Pa.C.S. § 1722(a)(1), and there is benefit to some consistency in the area.”

— 42 Pa. Cons. Stat. § 1722(b) — 6 cases

Shipley Fuels Mktg., LLC v. Medrow, 37 A.3d 1215 (Pa. Super. Ct. 2012).

Ricci v. Cuisine Mgmt. Servs., Inc., 621 A.2d 163 (Pa. Super. Ct. 1993).

United States v. Capobianco, 836 F.2d 808 (3rd Cir. 1988).

Bank of New York v. Brown, 35 Pa. D. & C.5th 429 (2014).

United States v. Shadle, 16 Pa. D. & C.4th 297 (1992).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.