42 Pa.C.S. § 101
Short title of title
This title shall be known and may be cited as the "Judicial Code."
Pennsylvania Consolidated Statutes Title 42 — JUDICIARY AND JUDICIAL PROCEDURE
Pennsylvania · statute · 42 Pa.C.S. · 1,194 active provisions
42 Pa.C.S. § 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 acti…
42 Pa.C.S. § 103
Principles of construction
(a) Necessary powers conferred.--The provisions of this title shall be construed so as to vest in the unified judicial system and in the personnel of the system power to do all things that are reasonably necessary for the proper execution and administration of their functions within the scope of their respective jurisd…
42 Pa.C.S. § 301
Unified judicial system
The judicial power of the Commonwealth shall be vested in a unified judicial system consisting of the: (1) Supreme Court. (2) Superior Court. (3) Commonwealth Court. (4) Courts of common pleas. (5) Community courts. (6) Philadelphia Municipal Court. (7) Pittsburgh Magistrates Court. (8) Traffic Court of Philadelphia. (…
42 Pa.C.S. § 321
Court of record
Except as otherwise provided in this subpart every court of this Commonwealth shall be a court of record with all the qualities and incidents of a court of record at common law.
42 Pa.C.S. § 322
Seal
Each court of this Commonwealth shall have a seal engraved with the name of the court and such other inscription as may be specified by general rule or rule of court. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.
42 Pa.C.S. § 323
Powers
Every court shall have power to issue, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may make and all legal and equitable powers required for or incidental to the exercise of its jurisdiction, and, except a…
42 Pa.C.S. § 324
Sessions and terms of court
Except as otherwise prescribed by general rule or rule of court each court shall be in session as often as its judges shall deem necessary or proper and there shall be no terms of court. Each court shall always be open for the transaction of judicial business and the court or any judge shall have the same power in vaca…
42 Pa.C.S. § 325
Chief Justice and president judges
(a) General rule.--The Chief Justice of Pennsylvania and the president judges of all courts with seven or less judges shall be the judge longest in continuous service on their respective courts. In the event of his resignation from this position the judge next longest in continuous service shall be the Chief Justice of…
42 Pa.C.S. § 326
Quorum
(a) Supreme Court.--A majority of the Supreme Court shall be a quorum of the court. (b) Other courts.--The quorum requisite to hold a session of any other court shall be specified by general rule. (c) Inability to assemble quorum.--Where by reason of vacancy, illness, disqualification or otherwise it is impossible to a…
42 Pa.C.S. § 327
Oaths and acknowledgments
(a) General ability.--Each judicial officer, each clerk of court, each retired or senior judge and such other personnel of the system and jurors as may be designated by or pursuant to general rules may administer oaths and affirmations and take acknowledgments. An acknowledgment may be taken by a member of the bar of t…
42 Pa.C.S. § 501
Supreme Court
The Supreme Court of Pennsylvania shall consist of the Chief Justice of Pennsylvania and six associate justices. The court shall be the highest court of this Commonwealth and in it shall be reposed the supreme judicial power of the Commonwealth.
42 Pa.C.S. § 502
General powers of Supreme Court
The Supreme Court shall have and exercise the powers vested in it by the Constitution of Pennsylvania, including the power generally to minister justice to all persons and to exercise the powers of the court, as fully and amply, to all intents and purposes, as the justices of the Court of King's Bench, Common Pleas and…
42 Pa.C.S. § 503
Reassignment of matters
(a) General rule.--The Supreme Court may by general rule provide for the assignment and reassignment of classes of matters among the several courts of this Commonwealth and the magisterial district judges as the needs of justice shall require and all laws shall be suspended to the extent that they are inconsistent with…
42 Pa.C.S. § 504
Seat of court
The regular sessions of the Supreme Court shall be held in the facility specified in section 3701 (relating to Pennsylvania Judicial Center) and elsewhere as prescribed by general rule.
42 Pa.C.S. § 541
Superior Court
The Superior Court of Pennsylvania shall consist of 15 judges.
42 Pa.C.S. § 542
Powers of Superior Court
The Superior Court shall have all powers necessary or appropriate in aid of its jurisdiction which are agreeable to the usages and principles of law.
42 Pa.C.S. § 543
Seat of court
The regular sessions of the Superior Court shall be held at the cities of Harrisburg, Philadelphia and Pittsburgh and elsewhere as prescribed by general rule or rule of court.
42 Pa.C.S. § 544
Additional judges
(a) Constitution.--In order to increase the number of Superior Court judges so that the court shall hereafter be composed of 15 judges, pursuant to sections 3 and 13 of Article V of the Constitution of Pennsylvania, the appointment of eight additional judges to the court is hereby provided for. These additional judges…
42 Pa.C.S. § 561
Commonwealth Court
The Commonwealth Court of Pennsylvania shall consist of nine judges.
42 Pa.C.S. § 562
Powers of Commonwealth Court
The Commonwealth Court shall have power to issue, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may make, including such writs and process to or to be served or enforced by system and related personnel as t…
42 Pa.C.S. § 563
Seat of court
(a) Regular sessions.--The regular sessions of the Commonwealth Court shall be held at the seat of government and elsewhere as provided in subsection (b). Each judge shall be provided with suitable chambers and other facilities at the seat of government. The intention of this provision is to render the court and the ju…
42 Pa.C.S. § 564
Evidentiary hearings
In any matter which requires the taking of testimony, the President Judge of the Commonwealth Court may assign a judge of the court, or another judge temporarily assigned to the court pursuant to section 4121 (relating to assignment of judges), to sit and receive the evidence, and perform such other duties as may be pr…
42 Pa.C.S. § 701
Scope of subchapter
(a) General rule.--The provisions of this subchapter shall apply to all courts of this Commonwealth, including the courts of common pleas when sitting as appellate courts. (b) Reassignment of matters.--Any of the provisions of Subchapter B (relating to jurisdiction of Supreme Court), Subchapter C (relating to jurisdict…
42 Pa.C.S. § 702
Interlocutory orders
(a) Appeals authorized by law.--An appeal authorized by law from an interlocutory order in a matter shall be taken to the appellate court having jurisdiction of final orders in such matter. (b) Interlocutory appeals by permission.--When a court or other government unit, in making an interlocutory order in a matter in w…
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