by admin | May 14, 2021 | Civil Procedure, Pennsylvania
Whenever a general provision in a rule shall be in conflict with a particular provision in the same or another rule, the two shall be construed, if possible, so that effect may be given to both. If the conflict between the two provisions is irreconcilable, the...
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
Rules or parts of rules are in pari materia when they relate to the same proceedings or class of proceedings. Rules in pari materia shall be construed together, if possible, as one rule or one chapter of rules.231 Pa. Code § 131
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
The principle that laws in derogation of the common law are to be strictly construed, shall have no application to the rules promulgated by the Supreme Court.231 Pa. Code § 130
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
(a) The title or heading of a rule may be considered in construing the rule.(b) Provisos shall be construed to limit rather than to extend the operation of the clauses to which they refer.(c) Exceptions expressed in a rule shall be construed to exclude all others.(d)...
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
In ascertaining the intention of the Supreme Court in the promulgation of a rule, the courts may be guided by the following presumptions among others:(a) That the Supreme Court does not intend a result that is absurd, impossible of execution or unreasonable;(b) That...
by admin | May 14, 2021 | Civil Procedure, Pennsylvania
(a) The object of all interpretation and construction of rules is to ascertain and effectuate the intention of the Supreme Court.(b) Every rule shall be construed, if possible, to give effect to all its provisions. When the words of a rule are clear and free from all...
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