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Rule 128 – Presumptions in Ascertaining the Intent of the Supreme Court

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 the Supreme Court intends the entire rule or chapter of rules to be effective and certain;
(c) That the Supreme Court does not intend to violate the Constitution of the United States or of this Commonwealth;
(d) That 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;
(e) That the Supreme Court intends to favor the public interest as against any private interest;
(f) That no rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.

231 Pa. Code ยง 128