Legal Bytes – August 7, 2017

Civil Procedure

Proposed change to MDJ Rule on reinstating complaint, comments by 9-11-17,

Magisterial District Justice Practice, July 27, 2017

Supreme Ct amends PaRCP 1063 & 1093 re mandamus, quiet title actions, eff. 10-1-17, PaRCP 1063, 1093, June 27, 2017

Supreme Ct amends PaRCP 1656 re mechanics lien actions, eff. 10-1-17, PaRCP 1656, June 27, 2017

Proposed new PaRCP 2005 to govern procedure for naming unknown defendant in civil case, comments by August 4, 2017, PaRCP 2005, May 25, 2017

Criminal Law

3d Circuit: On habeas claims if state knows or failed to correct perjured testimony, just prove likelihood that it affected jury’s judgment, Haskell v. Superintendent Greene SCI, August 1, 2017

Supreme Ct amends PaRCrimP 205 to allow time in search warrant Rule to extract electronically stored information, effective 10-1-17, Rules of Criminal Procedure, July 31, 2017

Superior Ct remands juvenile sentence of life without parole to consider incorrigibility, rehabilitation, Comm. v. Coia, July 31, 2017

Proposed amendment to PaRCrimP 230 – disclosure of Grand Jury testimony of trial witness before cross, comments by 9-14-17, Rules of Criminal Procedure, August 1, 2017

Proposed amendment to PaRCrimP 602 – challenges to trial or sentencing in absentia, Rules of Criminal Procedure, August 1, 2017

Proposed amendments to PaRCrimP related to death penalty cases, Rules of Criminal Procedure, August 1, 2017

Supreme Ct to review application of Deadly Weapon Used enhancement, mens rea requirement, Comm. v. Smith, July 26, 2017

Change to PA Rules of Evidence 902 comment re self-authenticating record of prior conviction approved, effective November 1, 2017, PA Rules of Evidence, June 12, 2017

Evidence

Supreme Ct to review authentication of CYS documents including medical opinions, diagnoses, In re: A.J.H. and I.G.H., August 1, 2017

Change to PA Rules of Evidence 902 comment re self-authenticating record of prior conviction approved, effective November 1, 2017, PA Rules of Evidence, June 12, 2017

Family Law

Supreme Ct amends PaRCP 1910.16-1 re child support to non-parent with custody, eff. 10-1-17, Rules of Civil Procedure, August 3, 2017

Supreme Ct amends PaRCP 1910.16-6 on adjustments to basic support obligations, effective 10-1-17, PA Rules of Civil Procedure, June 23, 2017

Proposal to amend several Domestic Relations Rules on unauthorized fees, uniformity of support pleadings, comments by August 11, 2017, Domestic Relations Rules, June 2, 2017

Proposed amendment to Domestic Relations Rules for statewide uniformity in support pleadings, comments by August 11, 2017, Domestic Relations Rule Amendments, April 25, 2017

Proposed amendment to Domestic Relations Rules precluding unauthorized fees, comments by August 11, 2017, Domestic Relations Rule Amendments, April 25, 2017

Juvenile Law

Supreme Ct to review authentication of CYS documents including medical opinions, diagnoses, In re: A.J.H. and I.G.H., August 1, 2017

Proposal to amend PaRJCP 148, 1146, 1148 on truancy, educational decision-maker & stability, comments by August 7, 2017, Juvenile Court Rules, June 5, 2017

Proposal to amend PaRJCP 160, 1160 to allow access to dependency ct records to custody judge, others, comments by August 7, 2017, Juvenile Court Rules, June 5, 2017

PaRJCP 512, 610 & 612 amended requiring counsel to review post-disposition rights with juvenile, effective October 1, 2017, Juvenile Ct Rules, May 11, 2017

Magisterial District Justice Practice

Proposed change to MDJ Rule on reinstating complaint, comments by 9-11-17, Magisterial District Justice Practice, July 27, 2017

Real Estate

Superior Ct: Purchaser of real estate at tax sale who refused to accept delivery of deed remains responsible for property liabilities, Comm. v. Investment Resource Holding, Inc, August 1, 2017

Supreme Ct amends PaRCP 1063 & 1093 re mandamus, quiet title actions, effective October 1, 2017, PaRCP 1063, 1093, June 27, 2017

Supreme Ct amends PaRCP 1656 re mechanics lien actions, effective October 1, 2017, PaRCP 1656, June 27, 2017

Workers’ Compensation

Limits on length of disability payments for injury in workplace held unconstitutional, Protz v. WCAB (Derry Twp.), June 20, 2017

PBI webinar on how to handle cases after landmark Protz decision, August 10, 2107, Register Here

General Interest

Magisterial Districts in Westmoreland Co changes effective 1-1-18, Westmoreland Co MDJ, July 11, 2017

Revised Uniform Law on Notarial Acts will be completely effective October 26, 2017, Notarial Acts, April 28, 2017

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