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Definitions - 42 Pa. Cons. Stat. § 102Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Action." Any action at law or in equity.
"Administrative judge." The administrative judge of a
division of a court, determined or selected as prescribed by
general rule.
"Administrative Office." The office of the Court
Administrator of Pennsylvania as specified in section 1902
(relating to Administrative Office of Pennsylvania Courts).
"Administrative staff." All individuals employed in the
business of a court, including the personnel of the office of
the clerk of the court of common pleas, but the term does not
include judicial officers or their personal staff. The term
includes the clerks or prothonotaries of the Supreme Court, the
Superior Court and the Commonwealth Court and their staffs.
"Affidavit." Includes an unsworn document containing
statements of fact and a statement by the signatory that it is
made subject to the penalties of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities).
"Appeal." Any petition or other application to a court for
review of subordinate governmental determinations. The term
includes an application for certiorari under section 934
(relating to writs of certiorari) or under any other provision
of law. Where required by the context, the term includes
proceedings on petition for review.
"Appellate court." Includes the Supreme Court, the Superior
Court and the Commonwealth Court.
"Appointive judicial officers." Arbitrators, auditors,
commissioners to take oaths and depositions, custodians,
examiners, guardians, masters, mental health review officers,
receivers, referees, trustees, viewers and other like officers.
"Branch." As applied to a court of common pleas in a
multicounty judicial district, an administrative unit composed
of those members of the staff of the court from a particular
county within the judicial district.
"Central staff." All individuals employed in the business of
the unified judicial system, but the term does not include
magisterial district judges or their personal staff or personnel
of the courts.
"Clerk." As applied to a court of common pleas or the
Philadelphia Municipal Court, the personnel of the office of the
clerk of the court of common pleas, and as applied to any other
court, the administrative staff responsible for the receipt of
documents transmitted to the court by litigants and the
transmission of notice of orders entered by and process issued
under the authority of the court.
"Clerk of the courts." The officer exercising the powers and
performing the duties specified in Subchapter C of Chapter 27
(relating to clerks of the courts). The term includes the Clerk
of Quarter Sessions of Philadelphia.
"Clerk of the orphans' court division." The officer
exercising the powers and performing the duties specified in
Subchapter D of Chapter 27 (relating to clerks of orphans' court
divisions).
"Commonwealth agency." Any executive agency or independent
agency.
"Commonwealth Court." The court existing under section 4 of
Article V of the Constitution of Pennsylvania and Subchapter C
of Chapter 5 (relating to Commonwealth Court of Pennsylvania).
"Commonwealth government." The government of the
Commonwealth, including the courts and other officers or
agencies of the unified judicial system, the General Assembly
and its officers and agencies, the Governor, and the
departments, boards, commissions, authorities and officers and
agencies of the Commonwealth, but the term does not include any
political subdivision, municipal or other local authority, or
any officer or agency of any such political subdivision or local
authority.
"Community court." A court existing in a judicial district
under section 6(a) of Article V of the Constitution of
Pennsylvania and Subchapter A of Chapter 11 (relating to
community courts).
"County." Includes the City and County of Philadelphia.
"County staff." System and related personnel elected by the
electorate of a county or subject to appointment and removal by
officers, other than judicial officers, so elected. The term
does not include judicial officers.
"Court." Includes any one or more of the judges of the court
who are authorized by general rule or rule of court, or by law
or usage, to exercise the powers of the court in the name of the
court.
"Court Administrator of Pennsylvania." The court
administrator appointed by the Supreme Court under section 10(b)
of Article V of the Constitution of Pennsylvania and section
1901 (relating to Court Administrator of Pennsylvania).
"Court of common pleas." The court existing in each judicial
district under section 5 of Article V of the Constitution of
Pennsylvania and Chapter 9 (relating to organization and
jurisdiction of courts of common pleas).
"Determination." Action or inaction by a government unit
which action or inaction is subject to judicial review by a
court under section 9 of Article V of the Constitution of
Pennsylvania or otherwise. The term includes an order entered by
a government unit.
"District justice." (Deleted by amendment).
"Division." An administrative unit composed of those judges
of the court responsible for the transaction of a specified
class of the business of the court. In a court having two or
more divisions each division of the court is vested with the
full jurisdiction of the whole court, but the business of the
court may be allocated among the divisions of the court by or
pursuant to general rules.
"Executive agency." The Governor and the departments,
boards, commissions, authorities and other officers and agencies
of the Commonwealth government, but the term does not include
any court or other officer or agency of the unified judicial
system, the General Assembly and its officers and agencies, or
any independent agency.
"General rule." A rule or order promulgated by the governing
authority.
"Governing authority."
(1) The Supreme Court; or
(2) any agency or unit of the unified judicial system
exercising a power or performing a duty pursuant to section
1721 (relating to delegation of powers).
"Government agency." Any Commonwealth agency or any
political subdivision or municipal or other local authority, or
any officer or agency of any such political subdivision or local
authority.
"Government unit." The General Assembly and its officers and
agencies, any government agency or any court or other officer or
agency of the unified judicial system.
"Independent agency." Boards, commissions, authorities and
other agencies and officers of the Commonwealth government which
are not subject to the policy supervision and control of the
Governor, but the term does not include any court or other
officer or agency of the unified judicial system or the General
Assembly and its officers and agencies. For purposes of
jurisdiction of courts the term includes the Pennsylvania
Deposit Insurance Corporation existing under the act of October
5, 1978 (P.L.1088, No.255), known as the "Pennsylvania Deposit
Insurance Corporation Act."
"Indictable offense." An offense other than a summary
offense.
"Issuing authority." Any judge or magisterial district judge
of the minor judiciary, subject to the express limitations on
jurisdiction specified in this title.
"Judge." Includes a justice of the Supreme Court. Except
with respect to the power to select a president or
administrative judge, to appoint and remove the administrative
staff of the court and to adopt rules of court and other similar
matters, the term includes a senior judge.
"Judicial and related account." The account required to be
established upon the books of certain political subdivisions
pursuant to section 3541 (relating to judicial and related
account).
"Judicial branch." The judicial branch specified in section
10(c) of Article V of the Constitution of Pennsylvania.
"Judicial Department." A term utilized in appropriation
statutes to distinguish judicial appropriations from other
appropriations.
"Judicial district." A district established by section 901
(relating to judicial districts) for the election of one or more
judges of a court of common pleas.
"Judicial officers." Judges, magisterial district judges and
appointive judicial officers.
"Litigant." A party or any other person legally concerned
with the results of a matter.
"Magisterial district." A district established within a
judicial district pursuant to Subchapter A of Chapter 15
(relating to magisterial districts) for the election of a
magisterial district judge.
"Magisterial district judge." A justice of the peace holding
office under section 7(a) of Article V of the Constitution of
Pennsylvania and Subchapter B of Chapter 15 (relating to
magisterial district judges).
"Matter." Action, proceeding or appeal.
"Minor judiciary." The community courts, magisterial
district judges, Pittsburgh Magistrates Court and Traffic Court
of Philadelphia.
"Office of the clerk of the court of common pleas." A term
employed in this title to refer generally to the administrative
staff of the courts of common pleas and the Philadelphia
Municipal Court responsible for the receipt of documents
transmitted to the court by litigants and the transmission of
notice of orders entered by and process issued under the
authority of the court. The business of such staff shall be
divided among the personnel of the offices of the prothonotary,
the clerk of the courts and the clerk of the orphans' court
division in the manner provided by or pursuant to Chapter 27
(relating to office of the clerk of the court of common pleas).
Except as otherwise provided by statute, the term does not imply
the unification of the administration, personnel or operations
of any or all of such offices.
"Officer enforcing orders." Includes:
(1) A recorder of deeds when the order affects the
ownership of an interest in property described or describable
by a document which has been or may be filed or recorded in
his office, or relates to the indexing of documents filed or
recorded in his office.
(2) A register of wills.
(3) A sheriff.
"Order." Includes judgment, decision, decree, sentence and
adjudication.
"Participant." Litigants, witnesses and their counsel.
"Party." A person who commences or against whom relief is
sought in a matter. The term includes counsel for such a person
who is represented by counsel.
"Personal staff." Private secretaries, law clerks and such
other personnel as an individual may be authorized by law to
select and remove subject to standards and classifications
established by the governing authority.
"Personnel of the court." The judges and staff of the court.
"Personnel of the system." Judicial officers, personal
staff, administrative staff and central staff.
"Philadelphia Municipal Court." The municipal court existing
under section 6(c) of Article V of the Constitution of
Pennsylvania and Subchapter B of Chapter 11 (relating to
Philadelphia Municipal Court) so long as a community court has
not been established or in the event one has been discontinued
in the City and County of Philadelphia.
"Pittsburgh Magistrates Court." The court existing under
Subchapter C of Chapter 11 (relating to Pittsburgh Magistrates
Court).
"President judge." The president judge of a court determined
or selected as provided or as prescribed by law.
"Proceeding." Includes every declaration, petition or other
application which may be made to a court under law or usage or
under special statutory authority, but the term does not include
an action or an appeal.
"Process." A document evidencing a command of a court or of
a district justice.
"Prothonotary." The officer exercising the powers and
performing the duties specified in Subchapter B of Chapter 27
(relating to prothonotaries).
"Quasi-judicial order." An order of a government unit, made
after notice and opportunity for hearing, which is by law
reviewable solely upon the record made before the government
unit, and not upon a record made in whole or in part before the
reviewing court. This definition has no application to the
definition of "tribunal."
"Related staff." All individuals employed at public expense
who serve the unified judicial system, but the term does not
include personnel of the system.
"Rule of court." A rule promulgated by a court regulating
practice or procedure before the promulgating court.
"Section." An administrative unit of the administrative
staff of the court composed of those persons responsible for the
support of a class of the business of the court specified by
law.
"Senior magisterial district judge." A former or retired
magisterial district judge who retires or otherwise vacates
office after January 1, 1970, who has served at least one
complete six year elected term as a magisterial district judge,
and who, with his consent, is assigned on temporary magisterial
service pursuant to section 4122(b) (relating to assignment of
senior magisterial district judges).
"Senior judge." A former or retired judge who shall not have
been defeated for reelection and shall have served as a judge
(whether or not continuously or on the same court) by election
or appointment for an aggregate of at least ten years and any
duly elected judge having an aggregate of six years of service
as a judge who is required to retire at age 70 and who, with his
consent, is assigned on temporary judicial service pursuant to
section 4121(b) (relating to assignment of judges).
"Staff of the court." Appointive judicial officers, the
administrative staff and personal staff of the court.
"State." When used in reference to the different parts of
the United States, includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands and other
organized territories and possessions of the United States.
"State Law Library." The Law Library Bureau of the State
Library of Pennsylvania.
"Superior Court." The court existing under section 3 of
Article V of the Constitution of Pennsylvania and Subchapter B
of Chapter 5 (relating to Superior Court of Pennsylvania).
"Supreme Court." The court existing under section 2 of
Article V of the Constitution of Pennsylvania and Subchapter A
of Chapter 5 (relating to Supreme Court of Pennsylvania).
"System." The unified judicial system.
"System and related personnel." Personnel of the system and
related staff. The term includes district attorneys, public
defenders, sheriffs and other officers serving process or
enforcing orders, registers of wills, prothonotaries, clerks of
the courts, clerks of the orphans' court division, coroners,
jury commissioners, probation officials, and the personnel of
all of the foregoing.
"Traffic Court of Philadelphia." The traffic court existing
under section 6(c) of Article V of the Constitution of
Pennsylvania and Subchapter B of Chapter 13 (relating to Traffic
Court of Philadelphia) so long as a community court has not been
established or in the event one has been discontinued in the
City and County of Philadelphia.
"Tribunal." A court, magisterial district judge or other
judicial officer vested with the power to enter an order in a
matter. The term includes a government unit, other than the
General Assembly and its officers and agencies, when performing
quasi-judicial functions.
"Unified judicial system." The unified judicial system
existing under section 1 of Article V of the Constitution of
Pennsylvania and section 301 (relating to unified judicial
system).
"Verified." Includes an unsworn document containing a
statement by the signatory that is made subject to the penalties
of 18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities).
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979,
P.L.157, No.52, eff. 60 days; Oct. 5, 1980, P.L.693, No.142,
eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days;
Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 29, 1990,
P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102,
eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2007 Effectuation of Repeal. The Legislative Reference
Bureau effectuated the 1992 repeal.
2004 Amendment. Act 207 amended the defs. of "central
staff," "issuing authority," "judicial officers," "magisterial
district," "minor judiciary," "senior district justice" and
"tribunal," deleted the def. of "district justice" and added the
def. of "magisterial district judge." See sections 28 and 29 of
Act 207 in the appendix to this title for special provisions
relating to applicability and construction of law.
1992 Repeal. Act 102 repealed Act 147 of 1990 which added
par. (4) of the def. of "officer enforcing orders."
1991 Unconstitutionality. Act 147 was declared
unconstitutional by the Supreme Court. In re Act 147 of 1990,
528 Pa. 460, 598 A.2d 985 (1991).
1990 Amendment. Act 147 amended the def. of "officer
enforcing orders."
1982 Amendment. Act 326 amended the def. of "process."
1980 Amendment. Act 142 amended the defs. of "independent
agency," "senior judge" and "system and related personnel."
1978 Amendment. Act 53 amended the def. of "appointive
judicial officers" and added the defs. of "officer enforcing
orders" and "senior district justice."
Effective Date. Section 29(2) of Act 142 of 1976 provided
that section 102, insofar as applicable to section 1725 of this
title, shall take effect January 1, 1977.
Cross References. Section 102 is referred to in section 4402
of this title; section 101 of Title 2 (Administrative Law and
Procedure); section 102 of Title 20 (Decedents, Estates and
Fiduciaries); section 102 of Title 23 (Domestic Relations);
section 102 of Title 75 (Vehicles).
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