231 Pa. Code § r. 1713 app. A

Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1713 - Conduct of Actions

During the course of the action the individual judge to whom the case has been assigned may find it necessary to make appropriate orders controlling the course of the action. These may be revoked, altered or amended. With one exception, Rule 1713 copies Federal Rule 23(d). It omits the Federal provision for an order amending the pleadings. This is unnecessary, since Pa. R.C.P. 1033 regulating amendment of the pleadings is already incorporated by reference by Rule 1701(b).

In addition to administrative and procedural matters, the court may require additional notices to some or all of the members of (1) steps in the action, or (2) the proposed extent of the judgment, or (3) an opportunity to signify whether they consider the representation fair and adequate. The court may also permit intervention. As to these interlocutory notices the rule specifically provides, as does Federal Rule 23(d), that the notice need be given only to some and not to all members of the class. Thus, where the members are a closely cohesive group, it is not essential that all be notified. The court may direct notice only to selected members such as officers or directors.

The court also may police the representative party, may impose conditions on his activity and, if necessary, may replace him.

231 Pa. Code app A r. 1713