Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5070 (August 3, 2024).

246 Pa. Code Rule 207. Representation in Magisterial District Court Proceedings.

Rule 207. Representation in Magisterial District Court Proceedings.

 (A)  In magisterial district court proceedings:

   (1)  Individuals may be represented by themselves, by an attorney at law, or by a representative with personal knowledge of the subject matter of the litigation and written authorization from the individual to appear as the individual’s representative.

   (2)  Partnerships may be represented by an attorney at law, a partner, or by an employee or authorized agent of the partnership with personal knowledge of the subject matter of the litigation and written authorization from a partner to appear as the partnership’s representative.

   (3)  Corporations or similar entities and unincorporated associations may be represented by an attorney at law, by an officer of the corporation, entity, or association, or by an employee or authorized agent of the corporation, entity, or association with personal knowledge of the subject matter of the litigation and written authorization from an officer of the corporation, entity, or association to appear as its representative.

 (B)  A representative, employee, or authorized agent:

   (1)  must provide written verification of personal knowledge of the subject matter of the litigation, and

   (2)  may take no action on behalf of a party until the written authorization required under paragraph (A)(1), (2), or (3) is filed with the court.

 (C)  Admission pro hac vice in accordance with Pennsylvania Bar Admission Rule 301 shall proceed by request, the disposition and content of which shall conform with the requirements of Pennsylvania Rule of Civil Procedure 1012.1.

   Official Note

   This rule is intended to permit a non-lawyer representative, employee, or authorized agent to appear on behalf of an individual, partnership, corporation or similar entity, or unincorporated association, but not to allow a non-lawyer to establish a business for the purpose of representing others in magisterial district court proceedings.

   It is intended that the designation of a non-lawyer representative, employee, or authorized agent to represent a party is to apply only on a case-by-case basis. A party may not give blanket authorization for a non-lawyer representative, employee, or authorized agent to represent the party in all cases involving the party.

   As to ‘‘personal knowledge of the subject matter of the litigation’’ see Pa.R.E. 602 and Comment.

   A business organized as a sole proprietorship may be represented in the same manner as an individual under paragraph (A)(1).

   See rules in Chapter 800 as to representation of minors and incapacitated persons by guardians.

   To gain admission pro hac vice pursuant to Pa.B.A.R. 301, the applicant must seek administrative approval by the IOlTA Board prior to the sponsor’s request for the applicant’s admission before the magisterial district court. The disposition and content of the request is governed by Pa.R.C.P. No. 1012.1.

Source

   The provisions of this Rule 207 adopted September 23, 1985, effective October 12, 1985, 15 Pa.B. 3632; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955; amended September 6, 2013, effective October 7, 2013, 43 Pa.B. 5589; amended December 10, 2013, effective February 10, 2014, 43 Pa.B. 7547. Immediately preceding text appears at serial page (368520).



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