Lack. Cnty. Pa. 128

As amended through January 1, 2018
Rule 128 - Presumptions And Ascertaining The Intent Of The Court Of Common Pleas Of Lackawanna County

In ascertaining the intention of the Court of Common Pleas of Lackawanna County in the Promulgation of a rule of civil procedure, all seeking to interpret the rule should be guided by the following presumptions:

(a) that the Court of Common Pleas of Lackawanna County does not intend a result that is absurd, impossible of execution, or unreasonable;
(b) that the Court of Common Pleas of Lackawanna County intends that the entire rule or chapter of rules is to be effective and certain;
(c) that the Court of Common Pleas of Lackawanna County does not intend to violate the Constitution of the United States or of this Commonwealth or any rule promulgated by the Supreme Court of Pennsylvania;
(d) that the Court of Common Pleas of Lackawanna County intends to favor the public interest as against any private interest; and,
(e) that no rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.

Lack. Cnty. Pa. 128

Amended effective November 2014.