reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.252 - Decisions; Circulation of Draft Opinions

Current through Register Vol. 54, No. 28, July 13, 2024
When the draft opinion has been prepared, the
					 opinion-writing Judge shall transmit it, normally within forty-five days after
					 the date of assignment, to the other Judges, with a face sheet bearing the date
					 the case was argued or submitted on briefs, and also with a memorandum in
					 standardized form requesting them to inform the writer of (1) their agreement
					 or disagreement with the opinion and order in accordance with these rules,
					 together with any suggestions which they may desire to make with respect to the
					 draft opinion, and (2) any disagreement as to the writer's recommendation
					 concerning reporting, in accordance with §
										69.412. The writer shall also
					 indicate by memorandum (1) when the draft proposes a result different from the
					 tentative conference vote, and (2) when a proposed panel decision would
					 overrule a previous panel decision of this Court. The other Judges shall
					 respond to the opinion-writing Judge within fifteen days. If no response is
					 received in that time, the opinion-writing Judge shall consider nonresponse as
					 indicating that each Judge not responding is willing to have the opinion filed
					 as circulated.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.253 - Decisions; Concurrences and Dissents

Current through Register Vol. 54, No. 28, July 13, 2024
If a Judge on the Court en banc or the panel before which a
					 case was argued, or to which it was submitted, responds by stating an intention
					 to write a concurring opinion or a dissenting opinion, the opinion-writing
					 Judge shall hold the opinion for an additional twenty days, during which period
					 the concurring or dissenting Judge shall submit an opinion to the
					 opinion-writing Judge, to be filed on the same date as the opinion of the
					 Court. A dissenting or concurring Judge shall also inform all other Judges of
					 such intention and shall circulate the opinion to them when written. The
					 opinion-writing Judge shall consider concurrences and dissents and the reasons
					 for them, and may revise the draft opinion and recirculate it. If a concurring
					 opinion or dissenting opinion is not received by the opinion-writing Judge
					 within the twenty-day period, the opinion writing Judge shall consider the
					 previous intent to be waived and may proceed to file the opinion of the Court
					 and any concurring opinions or dissenting opinions actually submitted to the
					 opinion-writing Judge. A Judge on the Court en banc or panel may join in a
					 concurring or dissenting opinion and shall so notify the opinion-writing Judge,
					 who shall be responsible for noting the joinder of that Judge in such
					 concurring opinion or dissenting opinion. When a Judge circulates a concurring
					 or dissenting opinion, the opinion of the Court and any concurring or
					 dissenting opinion may be filed no earlier than ten days after the circulation
					 of the concurring or dissenting opinion.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.254 - Decisions; Reassignments

Current through Register Vol. 54, No. 28, July 13, 2024
If, in connection with a draft opinion in circulation, a
					 majority of the Judges who heard the case, or to whom it was submitted on
					 briefs, decline to join in that opinion and favor a result or rationale
					 contrary to it, the presiding Judge with respect to that case shall reassign it
					 to a Judge who represents the new majority view.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.255 - Decisions; Objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a
				  Judge who is not a member of the en banc Court or of the panel before which a
				  case is argued, or to which it is submitted, responds with an objection to the
				  draft opinion, the opinion-writing Judge shall consider the objection and
				  reasons for it, and may revise the draft opinion and recirculate it as deemed
				  necessary.
(b) An objecting Judge
				  shall also inform all other Judges of the objection and the reasons for it. An
				  objection, however, shall not entitle the objecting Judge to file a concurring
				  or dissenting opinion.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.256 - Decisions; Effect of Disagreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a draft opinion in circulation in any
				  case produces any combination of four or more proposed dissents, objections,
				  concur in result only or concurring opinions, the opinion-writing Judge shall
				  not file the opinion but shall notify the President Judge to list the case for
				  consideration at the next judicial conference. If, pursuant to vote after
				  judicial conference consideration, a majority of all of the Judges, as well as
				  a majority of the Judges who heard the case or to whom it was submitted on
				  briefs, favor the result reached in the circulated draft opinion, that opinion,
				  together with any concurring or dissenting opinions and notations of
				  concurrences or dissents, shall be filed. Otherwise, if judicial conference
				  consideration and vote does not warrant reassignment in accordance with §
										69.254, the President Judge shall
				  list the case for consideration before the Court en banc.
(b) When there exists a vacancy or a recusal
				  among the Commissioned Judges that results in an even number of Commissioned
				  Judges voting on a circulating panel opinion or en banc opinion, and when the
				  vote of all participating Commissioned Judges results in a tie, the opinion
				  shall be filed as circulated. The opinion shall contain a footnote on the first
				  page indicating that the opinion is filed pursuant to this paragraph. Unless
				  there is a majority vote of the participating Commissioned Judges to report,
				  the opinion shall not be reported.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.257 - Decisions; Overruling Previous Decisions

Current through Register Vol. 54, No. 28, July 13, 2024
Pursuant to the circulation of a draft opinion accompanied
					 by a notation in accordance with §
										69.252 that the proposed panel
					 decision would overrule a previous panel decision, if a majority of the Court
					 agrees that such an overruling would result, the President Judge shall list the
					 matter on the agenda of the next judicial conference for consideration as to
					 reargument.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.258 - Decisions; Election Law Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
The procedures of §§
										69.252-69.257 shall not apply to
					 election law appeals heard by a special Court en banc or panel. The members of
					 a special Court en banc or panel, under the supervision of the President Judge
					 or presiding Judge, shall reach and file their decision, together with
					 concurrences and dissents, if any, as soon as possible, without circulation to,
					 or participation by, the Judges not sitting on the respective special Court en
					 banc or panel.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.259 - Decisions; Informational Circulation

Current through Register Vol. 54, No. 28, July 13, 2024
When circulating draft opinions, memoranda, responses,
					 dissenting opinions, concurring opinions, comments and other matters pursuant
					 to §§
										69.252-69.258, the Judges shall also
					 circulate copies for information to Senior Judges not members of the respective
					 Court en banc or panel.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.261 - Decisions; Notation of Recusals

Current through Register Vol. 54, No. 28, July 13, 2024
If a Judge anticipates recusal with respect to a case on
					 which the Judge has been assigned to sit, the Judge shall notify the presiding
					 Judge of the Court en banc or panel as soon as possible. A Commissioned Judge
					 may also be recused with respect to responding with an objection or no
					 objection under §
										69.255. For the information of
					 the Judge who, as the writer of the opinion of the Court, has the
					 responsibility for preparing the opinions to be filed in accordance with §
										69.262, a recused Judge, whether
					 sitting on the particular Court en banc or panel or not, shall communicate the
					 fact of recusal by notation upon the response form or in writing otherwise. The
					 Judge responsible for preparing the opinions to be filed shall have the
					 non-participation of a Judge noted upon the majority opinion of the Court,
					 whether such Judge was sitting as a member of the Court en banc or panel or
					 not.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.262 - Decisions; Filing

Current through Register Vol. 54, No. 28, July 13, 2024
When the opinion of the Court and any accompanying
					 concurring opinions or dissenting opinions are ready to be filed, the
					 opinion-writing Judge shall transmit to the Prothonotary the original opinions
					 and such number of copies as the Prothonotary shall from time to time specify,
					 with each opinion of the Court bearing notations as to any Judges who dissent
					 without opinion, who concur in the result only, and who are recused. The
					 Prothonotary shall file, docket, and distribute the opinions. The writer shall
					 sign the original of each opinion, except that, in the case of a per curiam
					 opinion, the writer shall identify authorship by accompanying memorandum. To
					 enable the opinion-writing Judge to carry out this responsibility, any Judge
					 writing a concurring opinion or dissenting opinion shall deliver to the
					 opinion-writing Judge a sufficient number of copies. The opinion-writing Judge
					 shall date the opinion and any concurring opinions or dissenting opinions with
					 the filing date.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.291 - Rearguments; Petitions for Reargument

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge shall distribute petitions for
					 reargument and answers to them, involving cases decided by a panel of the Court
					 or the Court en banc, to all Judges of the Court. See Pa.R.A.P. 2542 et seq.
					 After consideration pursuant to such circulation, the vote of the majority of
					 the Commissioned Judges to grant or deny the petition for reargument shall
					 govern, although comments from the Court's Senior Judges shall be solicited.
					 Where a party files an application for reargument of an order issued by a
					 single Judge, the Chief Legal Counsel shall submit the application, together
					 with any answer, to that Judge for action, in accordance with Pa.R.A.P.
					 123(e).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.301 - General; Applicability of Appellate Jurisdiction Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
					 69.221 through
					 69.262, inclusive, of these
					 Internal Operating Procedures under Appellate Jurisdiction, shall govern
					 proceedings in original jurisdiction matters when those proceedings are before
					 Courts en banc and panels. Election law matters assigned to a special Court en
					 banc or panel shall be subject to §
										69.258.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.311 - Pretrial Matters; Applications, Motions, Petitions and Praecipes

Current through Register Vol. 54, No. 28, July 13, 2024
The Prothonotary shall promptly, after filing papers in
					 original jurisdiction cases, submit pretrial applications, praecipes for trial
					 after a case is at issue, petitions for summary judgment or for judgment on the
					 pleadings, statutory enforcement proceedings requiring a hearing before a
					 Judge, praecipes for hearing in matters under Pa.R.A.P. 1571, and all other
					 motions and matters requiring the consideration of a Judge before trial or
					 argument on the merits, to the Chief Legal Counsel, who shall, on a daily
					 basis, confer with the President Judge or Duty Judge on such matters. Depending
					 upon the nature of the matter, the President Judge or the Duty Judge shall by
					 order set the matter down for evidentiary hearing or formal trial, for argument
					 before a single Judge in cases in which a single Judge may dispose of the
					 matter, for argument before the Court en banc or a panel, or for other
					 disposition consistent with the applicable Rules of Appellate Procedure or
					 Rules of Civil Procedure.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.312 - Pretrial Matters; Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
Subpoenas of the Court may issue from the Office of the
					 Prothonotary.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.313 - Pretrial Matters; Pretrial Orders

Current through Register Vol. 54, No. 28, July 13, 2024
To govern the expeditious disposition of matters filed
					 within the Court's original jurisdiction, pretrial orders may regulate
					 discovery, set a pretrial conference, require consideration of settlement, make
					 provision for the identification of issues, establish a procedure for the
					 acceptance of evidence through stipulations, provide for the advance exchange
					 of exhibits and experts' reports, and limit the number of witnesses, together
					 with all other matters which the Judge shall deem proper.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.321 - Proceedings; Election Cases

Current through Register Vol. 54, No. 28, July 13, 2024
Proceedings under the Pennsylvania Election Code within the
					 Court's original jurisdiction (petitions for review in the nature of mandamus
					 and objections to nomination petitions and papers) shall be under the direct
					 supervision of the President Judge, the Prothonotary and the Chief Legal
					 Counsel. The President Judge, to dispose of such cases, shall establish a
					 special election Court schedule, assign Judges to hear cases or, when
					 necessary, convene a special Court en banc or panel to hear the same
					 promptly.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.322 - Proceedings; Costs of Transcripts of Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
In any proceeding where a stenographer is present, the
					 Presiding Judge or Duty Judge shall, incident to the disposition of the
					 proceeding, provide by order for the allocation of the costs for the
					 stenographer. Such costs normally include the appearance fee and the cost for
					 the transcription of the notes of testimony, if the Court orders transcription
					 or the filing of a notice of an appeal requires it. Upon receipt of such an
					 order, the Prothonotary shall forthwith bill the responsible party. If the
					 responsible party fails to pay the amount due within thirty days of the date of
					 the bill, the Court shall impose appropriate sanctions to enforce
					 payment.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.331 - Reargument; Applications for Reargument

Current through Register Vol. 54, No. 28, July 13, 2024
When a party files an application for reargument of an
					 order issued by a single Judge, see Pa.R.A.P. 2541 et seq., the Chief Legal
					 Counsel shall submit the application, together with any answer, to the Judge
					 for action, in accordance with Pa.R.A.P. 123(e). When a party files an
					 application for reargument of an order issued by a panel of the Court in its
					 original jurisdiction, the President Judge shall distribute the application and
					 any answers thereto, to all Judges of the Court, along with the recommendation
					 of the authoring Judge.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.341 - Process; Designation of Officials for Service of Process

Current through Register Vol. 54, No. 28, July 13, 2024
The Commonwealth Court is a court of Statewide
					 jurisdiction. Therefore, for purposes of Pa.R.C.P. No. 400(d), an action
					 commenced in this Court is deemed commenced in all counties of this
					 Commonwealth. Accordingly, where service is to be effectuated within this
					 Commonwealth by a sheriff, the sheriff of any county where service may be made
					 is authorized to serve process issuing from this Court and does not need to be
					 deputized.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORIGINAL JURISDICTION › Section 69.342 - Process; Designation of Officials for Execution of Bench Warrants of Arrest

Current through Register Vol. 54, No. 28, July 13, 2024
By order in a particular case, a Judge may designate the
					 Pennsylvania State Police or the sheriff of any county where the bench warrant
					 may be executed as the official agency for the execution of a bench warrant of
					 arrest.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › DECISIONS › Section 69.401 - Issuance of Decisions; Orders and Opinions

Current through Register Vol. 54, No. 28, July 13, 2024
On the day each order or opinion and order is filed, the
					 Prothonotary shall send a copy to each counsel of record or pro se litigant. In
					 matters on appeal from a trial court, the Prothonotary shall send a copy of the
					 opinion to the trial judge. The Prothonotary shall also promptly distribute
					 copies of opinions, when designated to be reported, to the list of distributees
					 of opinions of the Commonwealth Court, as from time to time approved by the
					 President Judge.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › DECISIONS › Section 69.412 - Reporting of Opinions; Determination as to Reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each Judge who is the author of an
				  opinion of a panel or the Court en banc shall indicate, in circulating the
				  opinion to the other members of the Court, the authoring Judge's recommendation
				  as to whether the opinion shall be reported. A decision generally should be
				  reported when it:
(1)
				  establishes a new rule of law;
(2) applies an existing rule of law to
				  facts significantly different than those stated in prior decisions;
(3) modifies or criticizes an
				  existing rule of law;
(4) resolves an apparent conflict of
				  authority;
(5)
				  involves a legal issue of continuing public interest; or
(6) constitutes a significant,
				  non-duplicative contribution to law because it contains:
(i) an historical review of
				  the law,
(ii) a
				  review of legislative history, or
(iii) a review of conflicting decisions
				  among the courts of other jurisdictions.
The recommendation shall govern the
					 determination as to reporting, unless a majority of the commissioned members of
					 the court disagrees with it.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › DECISIONS › Section 69.413 - Reporting of Opinions; Designation as to Reporting

Current through Register Vol. 54, No. 28, July 13, 2024
Each opinion which is to be reported shall be designated as
					 an "OPINION." Each unreported opinion shall be designated as a "MEMORANDUM
					 OPINION," its face sheet shall bear the advice, "OPINION NOT REPORTED," and the
					 Court's docket shall note that it is an unreported opinion.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › DECISIONS › Section 69.414 - Citing Judicial Opinions in Filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An unreported opinion of this Court may
				  be cited and relied upon when it is relevant under the doctrine of law of the
				  case, res judicata or collateral estoppel. Parties may also cite an unreported
				  panel decision of this Court issued after January 15, 2008, for its persuasive
				  value, but not as binding precedent.
(b) Except as provided in subsection (d)
				  (relating to single-Judge opinions in election law matters), a single-Judge
				  opinion of this Court, even if reported, shall be cited only for its persuasive
				  value and not as a binding precedent.
(c) A reported opinion of the Court en banc
				  or panel may be cited as binding precedent.
(d) A reported opinion of a single Judge
				  filed after October 1, 2013, in an election law matter may be cited as binding
				  precedent in an election law matter only. For purposes of § 414, "an election
				  law matter" is one that implicates matters related to the pending or future
				  elections.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › DECISIONS › Section 69.415 - Reporting of Opinions; Adoption of Trial Court Opinions

Current through Register Vol. 54, No. 28, July 13, 2024
When a reported opinion of the Court, whether per curiam or
					 signed by a Judge, adopts the trial court's opinion in its entirety, the
					 opinion shall cite a publication containing the trial court opinion when
					 possible; the citation may be to a reporter in which the trial court opinion
					 has been published or to District & County Reports, if publication of the
					 trial court opinion in that reporter is anticipated. If the opinion of this
					 Court so adopting a trial court opinion is unreported, the opinion shall
					 include a reporter citation with respect to the trial court opinion only if it
					 has in fact been reported in a publication.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › DECISIONS › Section 69.416 - Reporting of Unreported Opinions

Current through Register Vol. 54, No. 28, July 13, 2024
After an opinion has been filed as unreported, the Court,
					 at any time on its own motion or on the application of any person, may order
					 the opinion to be reported. Applications to report unreported opinions shall be
					 filed within 30 days after the filing of the opinion, and, except as otherwise
					 provided in §
										69.412(b) and §
										69.412(c), may
					 be granted by majority vote of the Commissioned Judges.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › MISCELLANEOUS › Section 69.501 - Mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope;
				  Costs; Mediation Judge; Form of Papers.
(1) To facilitate settlement and otherwise
				  assist in the expeditious resolution of matters before the Commonwealth Court,
				  appeals of orders of the courts of common pleas, petitions for review of state
				  administrative agency decisions filed in the Court's appellate jurisdiction,
				  and matters filed in the Court's original jurisdiction may be selected for
				  mediation by the Court's Mediation Program.
(2) Tax appeals from orders of the Board of
				  Finance and Revenue, which are subject to a status conference program, shall be
				  excluded from the Mediation Program.
(3) Mediation shall be offered at no cost to
				  the parties.
(4) Mediation shall be
				  conducted by a Mediation Judge. The Mediation Judge may dispose of motions
				  related to the scheduling of mediation and the mediation process. The Mediation
				  Judge shall have authority to impose any necessary sanctions for the failure of
				  any attorney or party to comply with the requirements of the Mediation
				  Program.
(5) The mediation
				  statement required by this section, and any other documents prepared for
				  submission to the Mediation Judge, shall follow the format required by
				  Pa.R.A.P. 124(a).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › MISCELLANEOUS › Section 69.502 - Pennsylvania Cable Network (PCN) Guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Provisions
(1) From the date of these Guidelines until
				  further order of this Court, the recording by PCN of en banc proceedings before
				  Commonwealth Court for future broadcast on PCN is permissible only in
				  accordance with these Guidelines.
(2) Three business days advance notice is
				  required of a request to be present to record a scheduled en banc proceeding
				  electronically for future broadcast on PCN electronically. Such requests must
				  be submitted to the Executive Administrator for approval by the President
				  Judge. The President Judge, or presiding Judge of the en banc panel will retain
				  the authority, in the Judge's sole discretion, to prohibit camera coverage of
				  any proceeding.
(3) There shall be
				  no coverage of an en banc proceeding involving any case that the Court has
				  designated SEALED, or of any case involving the expungement or the refusal to
				  expunge founded or indicated reports of child abuse.
(4) The President Judge, or presiding Judge
				  of an en banc proceeding may limit or terminate coverage, or direct the removal
				  of camera coverage personnel when necessary to protect the rights of the
				  parties or to assure the orderly conduct of the proceedings.
(5) No expense by Commonwealth Court is to be
				  incurred for equipment, wiring or personnel needed to provide coverage by
				  PCN.
(6) Introductory commentary,
				  if any, shall be supplied by members of the Pennsylvania Bar approved by the
				  Board of Judges of the Commonwealth Court.
(7) All coverage must be gavel-to-gavel,
				  including any rebroadcasts, with the exceptions of (a)(3) and (a)(4).
(8) All copyrights to the broadcasts are the
				  possession of the Commonwealth Court of Pennsylvania and may not be used
				  without the approval of the Commonwealth Court of Pennsylvania. PCN shall
				  provide to the Court DVD or videotape recordings of all sessions covered by
				  PCN, whether or not broadcasted.
(9) This shall become effective November 1,
				  2006.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › APPEALS GENERALLY › Section 101.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) These rules
				  shall govern all appeals from the Court of Judicial Discipline pursuant to PA.
				  CONST. Art. V, § 18(c).
(b) Under
				  these rules,
(1) "Special Tribunal" means a
				  special tribunal convened pursuant to PA. CONST. Art. V, § 18(c) and formed
				  pursuant to Rule 8.
(2) "Reviewing
				  Court" means either the Supreme Court of Pennsylvania or a Special
				  Tribunal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › APPEALS GENERALLY › Section 101.2 - Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any appeal by a
				  judge or a magisterial district judge from a final adverse Order of discipline
				  shall be to the Supreme Court.
(b)
				  An appeal by a Justice, or Senior Justice, of the Supreme Court from a final
				  adverse Order of discipline shall be to the Special Tribunal.
(c) An appeal by the Judicial Conduct Board
				  from an Order dismissing a Board Complaint shall be:
(1) to the Supreme Court when the subject of
				  the Board Complaint is a judge or magisterial district judge; and
(2) to a Special Tribunal when the subject of
				  the Board Complaint is a Justice of the Supreme Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › APPEALS GENERALLY › Section 101.3 - Notice of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  notice of appeal from a final adverse Order of discipline or from an Order
				  dismissing a Board Complaint shall be filed with the Clerk of the Court of
				  Judicial Discipline within thirty (30) days of the entry of the Order, and a
				  copy of the notice shall be served concurrently on the opposing
				  party.
(b) Upon receipt of a notice
				  of appeal, the Clerk of the Court of Judicial Discipline shall promptly forward
				  a copy of the notice to:
(1) the Prothonotary
				  of the Supreme Court, when the matter complained of on appeal concerns a judge
				  or justice of the peace; or
(2) the
				  Court Administrator of Pennsylvania when the matter complained of on appeal
				  concerns a Justice, or Senior Justice, of the Supreme
				  Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › APPEALS GENERALLY › Section 101.4 - Transmission of Record to Reviewing Court

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(a) Within thirty (30) days of receipt of a
				  notice of appeal, the Clerk of the Court of Judicial Discipline shall file with
				  the appropriate Reviewing Court the entire record upon which the Court's Order
				  is based. The record shall include:
(1) The
				  original papers and exhibits filed in the Court of Judicial
				  Discipline;
(2) The transcript, if
				  any, of the proceedings;
(3) The
				  final Order of the Court of Judicial Discipline; and
(4) a statement by the Court of Judicial
				  Discipline containing the findings of fact and conclusions of law upon which
				  the final Order is based.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › APPEALS GENERALLY › Section 101.5 - Briefing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within thirty
				  (30) days of the filing of the record as required in Section
				  101.4(a), the
				  appellant shall file ten (10) copies of the appellant's brief with the
				  Reviewing Court, shall serve one (1) copy on the Court of Judicial Discipline
				  and shall serve two (2) copies on the appellee.
(b) Within thirty (30) days of the filing of
				  appellant's brief, the appellee shall file ten (10) copies of the appellee's
				  reply brief with the Reviewing Court, shall serve one (1) copy on the Court of
				  Judicial Discipline and shall serve two (2) copies on the appellant.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › SPECIAL TRIBUNALS › Section 101.7 - Suspension of Act of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
Act No. 1993-56, § 1,
					 42 Pa.C.S. §
											727, which,
					 inter alia, authorizes the Secretary of the Commonwealth to schedule the
					 selection of Special Tribunals and to conduct the selection by lot, is hereby
					 suspended insofar as it is inconsistent with these rules.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › SPECIAL TRIBUNALS › Section 101.8 - Special Tribunals: Membership

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(a) A Special Tribunal shall consist of seven
				  (7) members selected from the combined membership of those Superior and
				  Commonwealth Court judges who are on regular and active duty. The Presiding
				  Judge of the Special Tribunal shall be the judge longest in continuous
				  service.
(b) Exceptions
(1) Any member of the Superior or
				  Commonwealth Court who is a member of the Judicial Conduct Board or the Court
				  of Judicial Discipline shall not serve on a Special Tribunal.
(2) Any member of the Superior or
				  Commonwealth Court who is a complainant, a party, or a witness in the
				  underlying case on appeal shall not serve on the Special Tribunal selected to
				  dispose of that appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › SPECIAL TRIBUNALS › Section 101.9 - Formation of Special Tribunal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Upon the filing of a notice of appeal requiring the formation of a Special
				  Tribunal pursuant to PA. CONST. Art. V, § 18(c)(1) or (3), the Clerk of the
				  Court of Judicial Discipline shall promptly notify the Court Administrator of
				  Pennsylvania.
(b) Notice to the
				  Court Administrator of Pennsylvania shall include the name of any judge of the
				  Superior or Commonwealth Court who is:
(1) a
				  member of the Judicial Conduct Board or the Court of Judicial Discipline;
				  and/or
(2) a complainant, a party,
				  or a witness in the underlying case on appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › SPECIAL TRIBUNALS › Section 101.10 - Vacancy on Special Tribunal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Whenever a vacancy on a Special Tribunal occurs, all proceedings in and any
				  consideration of the matter on appeal shall be stayed until the vacancy is
				  filled.
(b) Procedure
(1) Whenever a vacancy occurs on a Special
				  Tribunal while the appeal before that Tribunal is pending, the Special Tribunal
				  shall immediately notify the Court Administrator of Pennsylvania.
(2) Upon receiving notice of a vacancy, the
				  Court Administrator of Pennsylvania shall immediately set a date, time and
				  location for the selection of a judge to fill the vacancy, which selection
				  shall take place no later than twenty (20) days after notice from the Special
				  Tribunal. The selection proceeding shall be open to the public.
(3) The judge shall be chosen by lot from a
				  list of the judges of the Superior and Commonwealth Courts who are on regular
				  and active duty. The list shall not include the seven (7) judges originally
				  selected or those judges specified in Section 101.8(b)(1) and (2).
(4) If, for whatever reason, less than seven
				  (7) judges of the Superior and Commonwealth Courts are available to serve on a
				  Special Tribunal, then those judges available to serve shall serve on the
				  Special Tribunal. Decisions shall be by majority vote of those serving. An
				  evenly divided Special Tribunal shall result in an affirmance of the decision
				  and Order of the court below.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE › SPECIAL TRIBUNALS › Section 101.11 - Appeal Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
A Special Tribunal shall hear and decide an appeal in the
					 same manner in which the Supreme Court would hear and decide an appeal from an
					 order of the court.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article I - GENERAL PROVISIONS › Rule 101 - Scope, Adoption and Citation, and Construction of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
These rules of
			 evidence govern proceedings in all courts of the Commonwealth of Pennsylvania's
			 Unified Judicial System, except as otherwise provided by law.
(b)
Adoption and Citation.
These
			 rules of evidence are adopted by the Supreme Court of Pennsylvania under the
			 authority of Article V § 10(c) of the Constitution of Pennsylvania, adopted
			 April 23, 1968. They shall be known as the Pennsylvania Rules of Evidence and shall
			 be cited as ''Pa.R.E.''
(c)
Construction
. In the construction of the Pennsylvania Rules of
			 Evidence, the principles set forth in Pa.R.J.A. 104 to 115 shall be
			 observed.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article I - GENERAL PROVISIONS › Rule 102 - Application of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
These rules should be applied so as to administer every proceeding
				fairly, eliminate unjustifiable expense and delay, and promote the development of
				evidence law, to the end of ascertaining the truth and securing a just
				determination.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article I - GENERAL PROVISIONS › Rule 103 - Rulings on Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preserving a Claim of Error.
A party may claim error in a
			 ruling to admit or exclude evidence only:
(1)
			 if the ruling admits evidence, a party, on the record:
(A) makes a timely objection, motion to
			 strike, or motion
in limine
; and
(B) states the specific ground, unless it was
			 apparent from the context; or
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article I - GENERAL PROVISIONS › Rule 104 - Preliminary Questions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
In General.
The court must decide any preliminary question
			 about whether a witness is qualified, a privilege exists, or evidence is
			 admissible. In so deciding, the court is not bound by evidence rules, except
			 those on privilege.
(b)
Relevance That Depends on a Fact.
When the relevance of
			 evidence depends on whether a fact exists, proof must be introduced sufficient
			 to support a finding that the fact does exist. The court may admit the proposed
			 evidence on the condition that the proof be introduced later.
(c)
Conducting a Hearing So That the
			 Jury Cannot Hear it.
The court must conduct any hearing on a
			 preliminary question so that the jury cannot hear it if:
(1) The hearing involves evidence alleged to
			 have been obtained in violation of the defendant's rights;
(2) a defendant in a criminal case is a
			 witness and so requests; or
(3)
			 justice so requires.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article I - GENERAL PROVISIONS › Rule 105 - Limiting Evidence That is Not Admissible Against Other Parties or for Other Purposes

Current through Register Vol. 54, No. 28, July 13, 2024
If the court admits evidence that is admissible against a party
				or for a purpose-but not against another party or for another purpose-the
				court, on timely request, must restrict the evidence to its proper scope and
				instruct the jury accordingly. The court may also do so on its own
				initiative.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article I - GENERAL PROVISIONS › Rule 106 - Remainder of or Related Writings or Recorded Statements

Current through Register Vol. 54, No. 28, July 13, 2024
If a party introduces all or part of a writing or recorded
				statement, an adverse party may require the introduction, at that time, of any
				other part-or any other writing or recorded statement-that in fairness ought to
				be considered at the same time.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article II - JUDICIAL NOTICE › Rule 201 - Judicial Notice of Adjudicative Facts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
This rule governs
			 judicial notice of an adjudicative fact only, not a legislative fact.
(b)
Kinds of Facts that may be
			 Judicially Noticed
. The court may judicially notice a fact that is not
			 subject to reasonable dispute because it:
(1)
			 is generally known within the trial court's territorial jurisdiction;
			 or
(2) can be accurately and
			 readily determined from sources whose accuracy cannot reasonably be
			 questioned.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 401 - Test for Relevant Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Evidence is relevant if:
(a) it has any tendency to make a fact more
			 or less probable than it would be without the evidence; and
(b) The fact is of consequence in determining
			 the action.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

Current through Register Vol. 54, No. 28, July 13, 2024
The court may exclude relevant evidence if its probative value
				is outweighed by a danger of one or more of the following: unfair prejudice,
				confusing the issues, misleading the jury, undue delay, wasting time, or
				needlessly presenting cumulative evidence.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Character Evidence.
(1)
Prohibited Uses.
Evidence of a person's character or character trait is not admissible to prove
			 that on a particular occasion the person acted in accordance with the character
			 or trait.
(2)
Exceptions
			 for a Defendant or Victim in a Criminal Case.
The following exceptions
			 apply in a criminal case:
(A) a defendant may
			 offer evidence of the defendant's pertinent trait, and if the evidence is
			 admitted, the prosecutor may offer evidence to rebut it;
(B) subject to limitations imposed by statute
			 a defendant may offer evidence of an alleged victim's pertinent trait, and if
			 the evidence is admitted the prosecutor may:
(i) offer evidence to rebut it; and
(ii) offer evidence of the defendant's same
			 trait; and
(C) in a
			 homicide case, the prosecutor may offer evidence of the alleged victim's trait
			 of peacefulness to rebut evidence that the victim was the first
			 aggressor.
(3)
Exceptions for a Witness.
Evidence of a witness's character
			 may be admitted under Rules 607, 608, and 609.
(4)
Exception in a Civil Action for
			 Assault and Battery.
In a civil action for assault and battery,
			 evidence of the plaintiff's character trait for violence may be admitted when
			 offered by the defendant to rebut evidence that the defendant was the first
			 aggressor.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 405 - Methods of Proving Character

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
By Reputation.
When evidence of a person's character or
			 character trait is admissible, it may be proved by testimony about the person's
			 reputation. Testimony about the witness's opinion as to the character or
			 character trait of the person is not admissible.
(1) On cross-examination of the character
			 witness, the court may allow an inquiry into relevant specific instances of the
			 person's conduct probative of the character trait in question.
(2) In a criminal case, on cross-examination
			 of a character witness, inquiry into allegations of other criminal conduct by
			 the defendant, not resulting in conviction, is not
			 permissible.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 406 - Habit; Routine Practice

Current through Register Vol. 54, No. 28, July 13, 2024
Evidence of a person's habit or an organization's routine
				practice may be admitted to prove that on a particular occasion the person or
				organization acted in accordance with the habit or routine practice. The court
				may admit this evidence regardless of whether it is corroborated or there was
				an eyewitness.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 407 - Subsequent Remedial Measures

Current through Register Vol. 54, No. 28, July 13, 2024
When measures are taken by a party that would have made an
				earlier injury or harm less likely to occur, evidence of the subsequent
				measures is not admissible against that party to prove:
* negligence;
* culpable conduct;
* a defect in a product or its design; or
* a need for a warning or instruction.
But the court may admit this evidence for another purpose such
				as impeachment or-if disputed-proving ownership, control, or the feasibility of
				precautionary measures.