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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 321 (2026)

 Court of record.

✓ current as of May 2026
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SUBCHAPTER B

GENERAL PROVISIONS RELATING TO COURTS

 

Sec.

321.  Court of record.

322.  Seal.

323.  Powers.

324.  Sessions and terms of court.

325.  Chief Justice and president judges.

326.  Quorum.

327.  Oaths and acknowledgments.

§ 321.  Court of record.

Except as otherwise provided in this subpart every court of this Commonwealth shall be a court of record with all the qualities and incidents of a court of record at common law.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1981–2025 · leading case: Kester v. Pennsylvania Bd. of Prob. & Parole, 609 A.2d 622 (Pa. Commw. Ct. 1992).
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Kester v. Pennsylvania Bd. of Prob. & Parole, 609 A.2d 622 (Pa. Commw. Ct. 1992). · cites it 2× “1984) (ancillary jurisdiction is a tool by which a federal district court acquires jurisdiction of all facets of a case properly in a federal court because a portion of the issues presented confer federal jurisdiction).”
Jackson v. Pennsylvania Bd. of Prob. & Parole, 951 A.2d 1238 (Pa. Commw. Ct. 2008). “Section 321 of the Judicial Code, 42 Pa. C.S. § 321, states in part that “[e]xcept as otherwise provided in this subpart every court of this Commonwealth shall be a court of record with all the qualities and incidents of a court of record at common law.”
Hufmen v. Bd. of Prob. & Parole, 58 A.3d 860 (Pa. Commw. Ct. 2012). “We affirmed the Board’s decision, noting that common pleas courts are courts of record pursuant to Section 321 of the Judicial Code, 42 Pa.C.S. § 321, and that nothing in the record indicated that the common pleas judge who found Barna guilty was sitting as a magisterial…”
MacKey v. Adamski, 429 A.2d 28 (Pa. Super. Ct. 1981). “We note that if the applicability of workmen’s compensation to an injury deprived the common pleas court of jurisdiction of negligence actions against employers and fellow employees, the provisions determining that applicability would have to be strictly construed. 1 Pa.C.S. §…”
Barna v. Pennsylvania Bd. of Prob. & Parole, 8 A.3d 370 (Pa. Commw. Ct. 2010). “) The common pleas courts are courts of record, section 321 of the Judicial Code, 42 Pa.C.S. § 321, and nothing in the record indicates that Judge Carpenter was sitting as a magisterial district judge.”
Taylor v. Pennsylvania Bd. of Prob. & Parole, 10 A.3d 419 (Pa. Commw. Ct. 2010). · cites it 2× “3 The Code does not define “court of record,” but it is broad enough to include the courts of any state or of the federal government. The question of whether a particular court is a “court of record” is determined by statute.”
E.J. Nicholas v. PBPP (Pa. Commw. Ct. 2019). ““The [Rules] define a [‘]court[’] as [‘]a court of record[,’12] and distinguish it from an [‘]issuing authority[’] by defining the latter as ‘any public official 12 Section 321 of the Judicial Code states: “Except as otherwise provided in this subpart[,] every court of this…”
U.S. Venture Inc, Aplt. v. Dep of Comm & Econo Dev (Pa. 2021). “Pursuant to 42 Pa.C.S. § 321, “[e]xcept as otherwise provided … every court of this Commonwealth shall be a court of record with all the qualities and incidents of a court of record at common law.”
T.T. Moy v. Ppb (Pa. Commw. Ct. 2025). “42 Pa. C.S. §321.”). As a result, Section 6138(1.”
E. Smith v. PBPP & the PA DOC (Pa. Commw. Ct. 2025). “42 Pa.C.S. § 321. 10 Specifically, that section of the Judicial Code states: If an appeal or other matter is taken to or brought in a court or magisterial district of this Commonwealth which does not have jurisdiction of the appeal or other matter, the court or magisterial…”
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