The Pennsylvania House Judiciary Committee, Chaired by
Representative Ron Marisco of Dauphin County, has scheduled a vote for tomorrow
October 18, 2011 on House Bill 1552. This is a bill introduced by House
Republican, Bryan Cutler, from Lancaster County and provides that:
Notwithstanding any other law, a civil action or proceeding brought to recover damages for death or injury to a person may only be filed in the county in which the cause of action arose.
Without question, this Bill is unconstitutional because venue is a procedural issue and under the Constitution of Pennsylvania, the power to make procedural rules is vested solely with the Pennsylvania Supreme Court and its Rules Committee. See North-Central Pa. Trial Lawyers v. Weaver, 827 A.2d 550 (Pa. Cmwlth. 2003)(Holding that venue in civil cases concerns a matter of pure procedure and in the absence of a countervailing constitutional provision authorizing the legislature to act in regard to venue in a particular area, the matter is committed to the exclusive authority of the Supreme Court under Article V, Section 10(c).)
This Bill is particularly troubling since it has been introduced by Bryan Cutler, who is an attorney, and should know that the Bill violates Pennsylvania's Constitution. Tomorrow, it will be interesting to see which of his constituents will support a bill that is clearly unconstitutional. Please check back and I will publish an update.
