2014
03.17

“The Supreme Court shall have the power to prescribe general rules governing practice, procedure and the conduct of all courts, justices of the peace and all officers serving process or enforcing orders, judgments or decrees of any court or justice of the peace, including the power to provide for assignment and reassignment of classes of actions or classes of appeals among the several courts as the needs of justice shall require, and for admission to the bar and to practice law, and the administration of all courts and supervision of all officers of the Judicial Branch, if such rules are consistent with this Constitution and neither abridge, enlarge nor modify the substantive rights of any litigant, nor affect the right of the General Assembly to determine the jurisdiction of any court or justice of the peace, nor suspend nor alter any statute of limitation or repose. All laws shall be suspended to the extent that they are inconsistent with rules prescribed under these provisions. “

The Attorney General’s Appellee Brief page 3 misinforms the Court by incompletely paraphrasing The Pennsylvania Constitution Article V, 10(c) omitting the condition whereby the Supreme Court lacks authority when not consistent with the Constitution and when the rules abridge, modify and deny the substantive rights of any litigant.

Rule 1.6 causes a denial of rights and liberties which is NOT consistent with the United States Constitution or the Pennsylvania Constitution and causes the denial of the substantive and constitutional rights of the plaintiffs.

The Pennsylvania Supreme Court was without authority to enact Rule 1.6 into law.


RETURN TO REPLY BRIEF INDEX

No Comment.

Add Your Comment

%d bloggers like this: