201 Pa. Code § 108 - Construction of Rules. Intent of Supreme Court Controls

(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 ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.

(c) When the words of a rule are not explicit, the intention of the Supreme Court may be ascertained by considering, among other matters:

(1) precedent of the Supreme Court interpreting the current rule;

(2) the commentary accompanying the rule;

(3) the rulemaking history;

(4) other procedures governing the same or similar subjects;

(5) the practice followed under the rule;

(6) the consequences of a particular interpretation; and

(7) the prior practice, if any, including other rules and Acts of Assembly, upon the same or similar subjects.

Notes

201 Pa. Code § 108

Adopted by Pennsylvania Bulletin, Vol 53, No. 46. November 18, 2023, effective 1/1/2024