Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 323 (2026)

Powers.

✓ current as of May 2026

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§ 323. Powers.

Every court shall have power to issue, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may make and all legal and equitable powers required for or incidental to the exercise of its jurisdiction, and, except as otherwise prescribed by general rules, every court shall have power to make such rules and orders of court as the interest of justice or the business of the court may require.

Notes of Decisions

Cited in 53 cases (3 in the last 5 years), 1980–2021 · leading case: Commonwealth v. Chopak, 615 A.2d 696 (Pa. 1992).

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Commonwealth v. Chopak, 615 A.2d 696 (Pa. 1992). · cites it 4× “42 Pa.C.S. § 323 (emphasis added). The Superior Court, in its opinion reversing the trial court apparently recognized these broad powers which operate to effectuate the orderly administration of justice, including the authority to amend an existing Order or issue a new Order…”

In Re the Thirty-Fifth Statewide Investigating Grand Jury, 112 A.3d 624 (Pa. 2015). · cites it 6× “In a supplemental opinion, the supervising judge relies upon Section 323 of the Judicial Code, which invests courts with the power to issue “every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may…”

In Re: Return of Seized Prop. of Lackawanna Cty, 212 A.3d 1 (Pa. 2019). · cites it 2× “42 Pa.C.S. §323. Section 912 of the Judicial Code similarly establishes that every court of common pleas “shall have power to issue, under its judicial seal, every lawful writ and process .”

Mulligan v. Piczon, 739 A.2d 605 (Pa. Commw. Ct. 1999). · cites it 3× “2d 552 (1992); 42 Pa.C.S. § 323. Just as attendance of a pro se party is not limited by Pa.”

Sutch, R. v. Roxborough Mem'l Hosp., 151 A.3d 241 (Pa. Super. Ct. 2016). “) see also 42 Pa.C.S. § 323 (“except as otherwise prescribed by general rules, every court shall have power to make such rules and orders of court as the interest of justice or the business of the court may require”).”

Commonwealth v. Long, 922 A.2d 892 (Pa. 2007). “42 Pa.C.S. § 323. Accordingly, the existence of the Westmoreland County administrative order does not change our resolution of this matter.”

In re Dom. Relations Hearing Room, 796 A.2d 407 (Pa. Commw. Ct. 2002). · cites it 2× “2d 121 (2001), although Sections 323 and 325 of the Judicial Code, 42 Pa.C.S. § 323 and § 325 may provide some authority for rules and regulations, there was no judicial proceeding before the Common Pleas Court involving disputed claims or parties.”

K.M. Waggle & L.A. Waggle & S. Russo as Tr. v. Woodland Hills Assoc., Inc. ~ Appeal of: K.M. Waggle & L.A. Waggle, 213 A.3d 397 (Pa. Commw. Ct. 2019). “See also 42 Pa. C.S. § 323 (courts have power to enforce their orders).”

In Re a Conservatorship Proceeding Ex Rel. Germantown Conservancy, Inc., 995 A.2d 451 (Pa. Commw. Ct. 2010). “It is also recognized that that procedural rules, either at the state or local level, are absolutely essential to the orderly administration of justice and the smooth and efficient operation of the judicial process. Pursuant to the Judicial Code, every court has a limited power…”

McCarthy v. City of Bethlehem, 962 A.2d 1276 (Pa. Commw. Ct. 2008). “Moreover, Section 323 of the Judicial Code, 42 Pa.C.S. § 323, provides that “except as otherwise prescribed by general rules, every court shall have power to make such rules and orders of court as the interest of justice or the business of the court may require.”

Ettelman v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 92 A.3d 1259 (Pa. Commw. Ct. 2014). “” 42 Pa.C.S. § 323. See also 42 Pa. C.S. § 912 (relating to powers of courts of common pleas).”

Equip. Fin., Inc. v. Toth, 476 A.2d 1366 (Pa. 1984). “42 Pa.C.S. § 323. Appellant has not contended, either in his brief or at oral argument, that Allegheny County Local Rule 249(c)(3) regulating the procedure to be followed on post-trial motions is in any way infirm.”

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