By order dated October 17, 2012, the Pa Supreme Court rescinded Pa Rule of Civil Procedure 1042.72. Why that should concern you is not the Rule itself, which relates to Medical Professional Liability Actions, but the process or lack of process that was followed by Pennsylvania’s highest Court.

This action by the Pa Supreme Court raises a few questions.

  •  Why did they rescind the rule?  Neither explanation nor comment was provided.  
  • If the Court did not seek input regarding this rule then why is input sought regarding other Rules of Civil Procedure.  
  • Is that gong to be the norm rather then the exception? Only time will tell.

This action seemed to go under the radar. Pennsylvania Rule of Judicial Administration 103 sets forth a process for publication of proposed rules and comment. Typically, the Pennsylvania Bar Association and County Bar Associations will provide comments.  The Pa Supreme Court Civil Rules Committee takes into account those comments prior to recommending to the Court Rule Changes. We attorneys should be concerned because that is the process where we have input into Rule changes. Why not this time?