Rule 1604.Suspension of Acts of Assembly. Abolition of Practice and Procedure Under Repealed Statutes.

Last verified September 25, 2026

In one sentenceRule 1604 suspends statutes that conflict with the declaratory judgment rules and ends the practice of the repealed declaratory judgment statutes, including those whose repeal took effect in 1980.

Full Text of Rule 1604

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After the effective date of these rules,

(a) all Acts or parts of Acts of Assembly inconsistent with these rules are suspended to the extent of such inconsistency; and

(b) —

(1) the practice and procedure provided in all former Acts of Assembly governing declaratory judgments, which have been repealed effective June 27, 1978 and June 27, 1979 by the Judiciary Act Repealer Act (JARA), Act of April 28, 1978, No. 53, and which are now part of the common law of the Commonwealth by virtue of Section 3(b) of JARA, are hereby abolished and shall not continue as part of the common law of the Commonwealth; and

(2) with respect to all Acts of Assembly relating to such practice and procedure, repeal of which will become effective June 27, 1980 as provided by Section 4(b) of JARA, this is a general rule within the meaning of Section 3(b) of JARA and the practice and procedure provided in those Acts of Assembly shall not continue as part of the common law of the Commonwealth.

End

Plain-English Summary

This rule closes out the old statutory procedure for declaratory judgments. It suspends any Act of Assembly to the extent it is inconsistent with the rules in this chapter. It then turns to the declaratory judgment statutes that the Judiciary Act Repealer Act (JARA) repealed in stages.

For the statutes repealed effective June 27, 1978 and June 27, 1979, the rule abolishes the practice and procedure they provided, which JARA had preserved as common law. For those whose repeal was set to take effect June 27, 1980, the rule declares itself a general rule within the meaning of Section 3(b) of JARA, so their practice does not carry on as common law either. Either way, a declaratory judgment action proceeds under this chapter’s rules.

Frequently Asked Questions

Do the procedures of the old declaratory judgment statutes still apply?

No. The rule abolishes the practice of the statutes repealed in 1978 and 1979, and it keeps the practice of those repealed in 1980 from continuing as common law.

Why does the rule name three different dates?

JARA repealed the declaratory judgment statutes in stages, and the rule deals with each stage: the repeals effective June 27, 1978 and June 27, 1979, and those that took effect June 27, 1980.

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified September 25, 2026. · Official text

Also known as: suspension of acts of assembly declaratory judgmentjara declaratory judgments