Monday, September 09, 2013

MDJ court - non-attorney rep. personal knowledge of subject matter of litigation

order - http://www.pacourts.us/assets/opinions/Supreme/out/363mag.pdf?cb=1



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MDJ Rule 207

(B) A representative, employee, or authorized agent:

(1) must provide written verification of personal knowledge of the subject matter of the litigation, and

(2) may take no action on behalf of a party until the written authorization required under paragraph (A)(1), (2), or (3) is filed with the court.


Official Note

This rule is intended to permit a non-lawyer representative, employee, or authorized agent to appear on behalf of an individual, partnership, corporation or similar entity, or

unincorporated association, but not to allow a non-lawyer to establish a business for the purpose of representing others in magisterial district court proceedings.

 

It is intended that the designation of a non-lawyer representative, employee, or authorized agent to represent a party is to apply only on a case-by-case basis. A party may not give blanket authorization for a non-lawyer representative, employee, or authorized agent to represent the party in all cases involving the party.

 

As to ‘‘personal knowledge of the subject matter of the litigation’’ see Pa.R.E. 602 and Comment.

 

A business organized as a sole proprietorship may be represented in the same manner as an individual under paragraph (A)(1).

 

See rules in Chapter 800 as to representation of minors and incapacitated persons by guardians.