201 Pa. Code r. 109 - Presumptions in Ascertaining the Intent of the Supreme Court
Ascertaining the Supreme Court's intention in the adoption or amendment of a rule may be guided by the following presumptions among others:
(a) The Supreme Court does not intend a result
that is absurd, impossible of execution, or unreasonable;
(b) The Supreme Court intends a rule to be
construed to secure the just, speedy, and inexpensive determination of every action
or proceeding to which it is applicable;
(c) The Supreme Court intends the entire rule or
chapter of rules to be effective and certain;
(d) The Supreme Court does not intend to violate
the Constitution of the United States or of this Commonwealth;
(e) 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;
(f) The
Supreme Court intends to favor the public interest as against any private interest;
and
(g) No rule shall be construed to
confer a right to trial by jury where such right does not otherwise exist.
Notes
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