A. An action
against an individual may be brought in and only in a magisterial district
where:
(1) The individual may be served,
or
(2) The cause of action arose,
or
(3) a transaction or occurrence
took place out of which the cause of action arose.
B. An action against a partnership may be
brought in and only in a magisterial district where:
(1) The partnership regularly conducts
business, or
(2) The cause of
action arose, or
(3) a transaction
or occurrence took place out of which the cause of action
arose.
C. Except as
otherwise provided by an Act of Assembly or by subdivision D of this rule, an
action against a corporation or similar entity may be brought in and only in a
magisterial district where:
(1) its
registered office or principal place of business is located, or
(2) it regularly conducts business,
or
(3) The cause of action arose,
or
(4) a transaction or occurrence
took place out of which the cause of action arose.
D. An action upon a policy of insurance
against an insurance company, association or exchange, either incorporated or
organized in Pennsylvania or doing business in this Commonwealth, may be
brought in a magisterial district:
(1)
designated in subdivision C of this rule, or
(2) where the insured property is located,
or
(3) where the plaintiff resides,
in actions upon policies of life, accident, health, disability, and live stock
insurance or fraternal benefit certificates.
E. An action against an unincorporated
association may be brought in and only in a magisterial district where:
(1) The association regularly conducts
business or any association activity, or
(2) The cause of action arose, or
(3) a transaction or occurrence took place
out of which the cause of action arose.
F. An action against a political subdivision
may be brought in and only in a magisterial district the whole or part of which
is located in the political subdivision.
G. A transaction or occurrence which took
place on a roadway, highway, railway or body of water designated as a boundary
between magisterial districts shall be considered to have taken place in any of
the magisterial districts so bounded.
H. The magisterial district judge or the
defendant may raise improper venue at any time prior to the conclusion of the
hearing. If the magisterial district judge finds that venue is improper and
there is a court of proper venue within Pennsylvania, the complaint shall not
be dismissed but may be transferred to the court having proper venue.
Comment:
This rule combines, with some minor changes, the Pennsylvania
Rules of Civil Procedure relating to venue. See:
(1) Individuals: Pa.R.Civ.P.
1006(a).
(2) Partnerships:
Pa.R.Civ.P. 2130(a).
(3)
Corporations: Pa.R.Civ.P. 2179(a).
(4) Insurance Policies: Pa.R.Civ.P.
2179(b).
(5) Unincorporated
Associations: Pa.R.Civ.P. 2156(a).
(6) Political Subdivisions: Pa.R.Civ.P.
2103(b).
This rule is not intended to repeal special statutory venue
provisions, such as the:
(1) venue
provisions for actions involving installment sales of goods and services,
12 Pa.C.S. §
6307; (2)
venue provisions of the Fair Debt Collection Practices Act,
15 U.S.C. §
1692i, pertaining to actions brought by debt
collectors against consumers; and (3) venue provisions for appeals from
automated work zone speed enforcement violations,
75 Pa.C.S. §
3369(j)(4) and from civil
violations for passing a stopped school bus with flashing red signal lights and
an activated side stop signal arm,
75 Pa.C.S. §
3345.1(i.4).
See Pa.R.Civ.P.M.D.J. 382(1) (pertaining to Acts of Assembly
providing for special venue provisions that are not suspended).
For a definition of ''transaction or occurrence,'' see
Craig v. W.J. Thiele & Sons, Inc., 149 A.2d 35 (Pa.
1959).
Subdivision G is intended to take care of indistinct,
''center line'' or other confusing boundaries in the respects mentioned. When a
complaint is transferred under subdivision H, it is treated as if originally
filed in the transferee court on the date first filed in a court. If service of
the complaint has already been made, no new service may be necessary, but the
transferee court must set a new date, time and place for the new hearing and
notify the parties thereof. It is the intent of this rule that cases may be
transferred to any Pennsylvania court with appropriate jurisdiction and venue,
including the Philadelphia Municipal Court. Likewise, nothing in this rule
prohibits a court other than a magisterial district court from transferring a
case to a magisterial district court with proper jurisdiction and venue, in
accordance with the procedural rules of the transferring court. The
jurisdictional limits of the magisterial district courts and the Philadelphia
Municipal Court are governed by
42 Pa.C.S. §
§
1515 and
1123, respectively.
There are no costs for transfer of the complaint and no
additional filing costs when a case is transferred from one magisterial
district court to another magisterial district court. There are no additional
filing costs when a case is transferred from the Philadelphia Municipal Court
to a magisterial district court.
There may be additional service costs when a case is
transferred.
Notes
The provisions
of this Rule 302 amended April 25, 1979, effective
5/25/1979, 9 Pa.B. 1499; amended
July 3, 2003, effective 1/1/2004,
33 Pa.B. 3491; amended April 12, 2022, effective 10/1/2022, 52 Pa.B. 2357; amended February 10,
2023, effective 4/11/2023, 53
Pa.B. 1057.
Amended by
Pennsylvania
Bulletin, Vol 54, No. 23. June 8, 2024, effective
8/1/2024
