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Philadelphia Cnty. C.P. Municipal Court-Civil Rule 103

Principles of Interpretation and Construction of Rules

activein force · 2018-01-02 – presentact-effective-date

a. The object of all interpretation and construction of the Rules is to ascertain and effectuate the

intention of the Municipal Court.

b. Every Rule shall be constructed, if possible, to give effect to all its provisions. When the words

of a Rule are clear and free from ambiguity, the letter of it is not to be disregarded under the pretext

of pursuing its spirit.

c. When the words of a Rule are not explicit, the intention of the Municipal Court may be

ascertained by considering, among other matters (1) the occasion and necessity for the Rule; (2)

the circumstances under which it was promulgated; (3) the mischief to be remedied; (4) the object

to be attained; (5) the prior practice, if any, including other Rules and Acts of Assembly upon the

same or similar subjects; (6) the consequences of a particular interpretation; (7) the history of the

Rule; and (8) the practice followed under the Rule.

d. The Rules shall be liberally construed to secure the just, speedy and economical determination

of every action or proceeding to which they are applicable. The court may disregard any error or

defect of procedure which does not effect the substantive rights of any party.

e. So far as not inconsistent with any express provision of these Rules, the interpretation shall be

governed by Rule 104. Municipal Court Civil Procedure Rules Pa. C.S. §1901-1971 (relating to

Rules of Construction).

Provenance

Source
courts.phila.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
f3a524081049309573c8915e2b2c55b25281770d6015bcefa9f4f27c539f2ab0
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