In Re: Order Amending Rule 1.2 of the Pennsylvania Rules of Orphans' Court Procedure ( 2023 )

Pennsylvania Rules of Orphans’ Court Procedure
Rule 1.2. [Construction and Application of Rules] Purpose, Application, and
Construction of Rules.
(a) [The] Purpose. These Rules adopted by the Supreme Court [regulating]
regulate the practice and procedure of the Orphans’ Court Divisions of this
Commonwealth and the local rules adopted by such courts [shall be
liberally construed to secure the just, timely and efficient
determination of every action or proceeding to which they are
applicable].
(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) [The principles of interpretation and related matters set forth in
Pa.R.C.P. Nos. 102 through 153 inclusive, with the exception of
Pa.R.C.P. No. 126, shall apply to these Rules.] 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.
[Note: Rule 1.2(a) is identical to former Rule 2.1. Rule 1.2(b) is new.]
[Explanatory] 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).
[The question frequently arises as to the effect and use of the notes and
explanatory comments which are issued with the Orphans’ Court Rules. Notes and
explanatory comments are not part of the Rules but they may be used in construing
the Rules. The Supreme Court of Pennsylvania has stated in Laudenberger v. Port
Authority of Allegheny County, 436 A.2d 147, 151 (Pa. 1981):
These explanatory notes have not been officially adopted or promulgated by this
Court, nor do they constitute part of the rule. However, they indicate the spirit and
motivation behind the drafting of the rule, and they serve as guidelines for
understanding the purpose for which the rule was drafted.]