231 Pa. Code Rule 1.2. Purpose, Application, and Construction of Rules.

Rule 1.2. Purpose, Application, and Construction of Rules.

(a)  Purpose. These Rules adopted by the Supreme Court regulate the practice and procedure of the Orphans’ Court Divisions of this Commonwealth and the local rules adopted by such courts.
(b)  Application. These Rules shall be liberally applied to secure the just, timely, and efficient determination of every action or proceeding to which they are applicable. The court at every stage of any action or proceeding may disregard any error or defect of procedure that does not affect the substantive rights of the parties in interest.
(c) Construction. In the construction of the Pennsylvania Rules of Orphans’ Court Procedure, the principles set forth in Pa.R.J.A. 104 to 115 shall be observed.

Comment:

   The Orphans’ Court Division exercises equitable powers and applies equitable principles. Estate of Hahn, 369 A.2d 1290, 1291-92 (Pa. 1977); Estate of Freihofer, 174 A.2d 282, 284 (Pa. 1961).

Source

   The provisions of this Rule 1.2 amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7151. Immediately preceding text appears at serial page (408561).

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