Rule 103. Procedure for adoption, filing and publishing rules.

 (a)  Notice of proposed rulemaking.

   (1)  Except as provided in subdivision (3), the initial recommendation of a proposed Rule, or proposed Rule amendment (including the explanatory note that is to accompany the Rule) shall be distributed by the proposing Rules Committee to the Pennsylvania Bulletin for publication therein, and shall be recorded in the Administrative Office. The publication notification shall contain a statement to the effect that comments regarding the proposed Rule are invited and should be sent directly to the proposing Rules Committee within a specified period of time.

   (2)  Written comments, suggestions or objections relating to the proposed Rule shall be sent directly to the proposing Rules Committee within a specified number of days after the Rules’ publication in the Pennsylvania Bulletin, and any such commentary shall be reviewed by the said Committee prior to action on the proposal by the Supreme Court. Any further proposals which are based upon the commentary so received need not be, but may be, published in the manner prescribed herein.

   (3)  A proposed rule may be promulgated even though it has not been previously distributed and published in the manner required by subdivisions (1) and (2), where exigent circumstances require the immediate adoption of the proposal; or where the proposed amendment is of a typographical or perfunctory nature; or where in the discretion of the Supreme Court such action is otherwise required in the interests of justice or efficient administration.

 (b)  Rules adopted by Supreme Court.

   (1)  Rules adopted by the Supreme Court shall be filed in the office of the Prothonotary of the Supreme Court and in the Administrative Office.

   (2)  After an order adopting a rule has been filed with the Prothonotary of the Supreme Court, the Prothonotary shall forward a certified copy of the order and rule to:

     (i)   The publisher of the official version of Supreme Court decisions and opinions who shall cause it to be printed in the first available volume of the State Reports.

     (ii)   The prothonotaries or clerks of all courts which may be affected thereby, and thereupon the order and rule shall be published by such prothonotaries or clerks in the same manner as local rules adopted by such courts.

     (iii)    The Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

     (iv)   The Administrative Office.

 (c)  Rules adopted by other courts and by agencies of the system.

   (1)  After an order adopting a rule has been filed with the prothonotary or clerk of the adopting court or with the secretary of the adopting council, committee, board, commission or other agency of the unified judicial system, the prothonotary, clerk or secretary shall forward ten certified copies of the order and rule to the Administrative Office.

   (2)  The Administrative Office shall distribute such certified copies as follows:

     (i)   One copy shall be filed in the Administrative Office, which shall assign thereto and indicate thereon a distinctive serial number and indicate thereon the date and time of filing. Upon such filing the copy shall be immediately available for public inspection and copying.

     (ii)   Two copies shall be filed in the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

     (iii)   One copy shall be distributed to each of the following committees:

       (A)   The Advisory Committee on Appellate Court Rules.

       (B)   Civil Procedural Rules Committee.

       (C)   Criminal Procedural Rules Committee.

       (D)   Minor Court Civil Procedural Rules Committee.

       (E)   Orphans’ Court Rules Committee.

   (3)  A rule or change therein required to be filed in the Administrative Office by this subdivision shall not be valid for any purpose until filed in the Administrative Office, as provided by paragraph (2)(i) of this subdivision.

   (4)  Any rule which was adopted by a court or agency (other than the Supreme Court, the Superior Court or the Commonwealth Court) prior to May 10, 1973, and which was not filed in the Administrative Office under this subdivision prior to October 1, 1973, is invalid.

   (5)  As used in this subdivision ‘‘rule’’ means any rule or regulation, or order in the nature of a rule or regulation, regulating practice or procedure before the adopting court of agency or otherwise having the effect of law but shall not include a rule of civil or criminal procedure regulating practice or procedure in a court of common pleas.

   Official Note

   The procedure for adopting, filing and publishing local rules of civil and criminal procedure is governed by Rule of Civil Procedure 239 and Rule of Criminal Procedure 105. Whenever local rules are forwarded to the Administrative Office the adopting court should indicate whether the rules have been distributed to the Legislative Reference Bureau and filed with the Civil or Criminal Procedural Rules Committee under Civil Procedural Rule 239 or Criminal Procedural Rule 105.

   The provisions of this Rule 103 adopted and effective January 13, 1972; amended and effective May 10, 1973, 3 Pa.B. 921; renumbered from Supreme Court Rule 85 by Order dated March 15, 1972; amended and effective April 21, 1978, 8 Pa.B. 1271; amended October 10, 1979, effective October 20, 1979, 9 Pa.B. 3509; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 676; amended February 20, 2001, effective April 1, 2001, 31 Pa.B. 1319. Immediately preceding text appears at serial pages (260324) to (260326).