Rule 1901.7.Decision. Post-trial Relief.

Official Note: The procedure relating to Motions for Reconsideration is set forth in Rule 1930.2.

Explanatory Comment. —1977 New Rules 1901, et seq. promulgated March 9, 1977 and effective 15 days after publication in the Pennsylvania Bulletin implement the Protection From Abuse Act No. 218 of 1976 which became effective December 6, 1976. The Act introduces a new civil remedy authorizing protective orders to bring about cessation of abuse of the plaintiff or minor children, which relief includes, inter alia, exclusion of the errant spouse from the household, the award of temporary custody and visitation rights with regard to minor children and support. The Act also authorizes temporary ex parte orders when the exigency of the situation requires immediate relief before process can be served on a defendant. Jurisdiction is also conferred on the magisterial district judges over the weekend if and when a judge of the court of common pleas is not available, but any temporary order of a magisterial district judge expires at the resumption of business of the common pleas court at the beginning of the week or within seventy-two (72) hours, whichever occurs first. The magisterial district judge is required immediately to certify his or her order to the common pleas court and the certification under the Act has the effect of commencing a proceeding in the common pleas court and invoking the other provisions of the Act. Section 9 of the Act provides that all proceedings shall be in accordance with Rules of Civil Procedure and shall be in addition to any other available civil or criminal remedies. Explanatory Comment—2005 Act 207-2004 amended numerous titles of the Pennsylvania Consolidated Statutes changing the title of ‘‘district justice’’ to ‘‘magisterial district judge.’’ The amendments to Rule 1901.7’s Explanatory Comment—1977 reflect the change in title, make the comment gender-neutral and delete outdated material.