Ascertaining the Supreme Court’s intention in the adoption or amendment of a rule may be guided by the following presumptions among others:
- (a) The Supreme Court does not intend a result that is absurd, impossible of execution, or unreasonable;
- (b) The Supreme Court intends a rule to be construed to secure the just, speedy, and inexpensive determination of every action or proceeding to which it is applicable;
- (c) The Supreme Court intends the entire rule or chapter of rules to be effective and certain;
- (d) The Supreme Court does not intend to violate the Constitution of the United States or of this Commonwealth;
- (e) If the Supreme Court has construed the language used in a rule or statute, the Supreme Court in promulgating a rule on the same subject matter which employs the same language intends the same construction to be placed upon such language;
- (f) The Supreme Court intends to favor the public interest as against any private interest; and
- (g) No rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.
Source
The provisions of this Rule 109 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.