Excerpt from Court Rules: Comprising Those of the Supreme Court of Pennsylvania, With the Equity Rules, and the Rules of the Courts of Common Pleas and Quarter Sessions and of the Orphans' Court of Philadelphia County

A rule of court is an order made by a court of competent power for the purpose of regulating the practice therein.

It is either general or special. General when it is a standing order and regulates the practice of the court in all similar cases. Special when it is an order made and applying to a particular case only.

II. - Authority of Courts to make Rules.

The authority of courts of record to establish general rules of court is inherent, and may be confirmed by legislative enactment.

The power to make rules regulating its practice, is inherent in every court of record, and existed prior to any express legislative enactment. Barry vs. Randolph, 3 Buin. 277 (Dec. 22, 1810). Courts must of necessity possess this power, in order to facilitate business, prevent unnecessary delay, and promote substantial justice. Duncan vs. Bell, Johnston, Jack & Co., 28 Pa. st. 516 (Armstrong, J., 1857). "Without this power, it would be impossible for courts of justice dispatch the public business." Snyder et al. vs. Bauchman, 8 S. and R. 336 (Duncan, J., June, 1812.)

That the power inherently exists in the courts of this state, is established beyond question. Barry vs. Randolph (supra), Vanatta vs. Anderson, 3 Binll, 417 (Apr. 2, 1811), Snyder et al. vs. Bauchman (supra), Duncan vs. Bell, Johnston, Jack & Co., (supra), Rusell vs. Archer, 76 Pa. st., 473 (Mercur, J., Jan 4, 1875), Lehman vs. Howley, 95 Pa. st., 295 (Sterrett, J., Oct. 18, 1880), Wilkesbarre vs. Felts, 134 Pa. st., 529 (May 5, 1890.)

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