Pa.R.J.A. 109

Rule 109. Presumptions in Ascertaining the Intent of the Supreme Court.

Last amended: 2023Length: 200 wordsOfficial source
Ascertaining the Supreme Court’s intention in the adoption or amendment of a rule may be guided by the following presumptions among others: (a) The Supreme Court does not intend a result that is absurd, impossible of execution, or unreasonable; (b) The Supreme Court intends a rule to be construed to secure the just, speedy, and inexpensive determination of every action or proceeding to which it is applicable; (c) The Supreme Court intends the entire rule or chapter of rules to be effective and certain; (d) The Supreme Court does not intend to violate the Constitution of the United States or of this Commonwealth; (e) If the Supreme Court has construed the language used in a rule or statute, the Supreme Court in promulgating a rule on the same subject matter which employs the same language intends the same construction to be placed upon such language; (f) The Supreme Court intends to favor the public interest as against any private interest; and (g) No rule shall be construed to confer a right to trial by jury where such right does not otherwise exist. Source The provisions of this Rule 109 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.
Pa.R.J.A. 109: Rule 109. Presumptions in Ascertaining the Intent of the Supreme Court. | Justis AI