reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › WIRETAPS › Rule 3555 - Final Reports

Current through Register Vol. 54, No. 28, July 13, 2024
At the expiration of the order, extensions, or renewals,
						the Applicant must submit a final report consisting of a complete written list
						of names of persons intercepted (if known), and evidence of offenses
						discovered, including those offenses not set forth in the application or order.
						Where communications relating to offenses other than those specified in the
						application or order are intercepted, the contents of those communications and
						any evidence derived therefrom must be included in the final report. In
						addition to the final report, the Applicant shall, as quickly as practical upon
						the expiration of the order, extensions, or renewals, submit all monitor's
						records and recordings to the Issuing Judge for sealing.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › WIRETAPS › Rule 3556 - Service of Inventory

Current through Register Vol. 54, No. 28, July 13, 2024
Within a reasonable time, but no later than 90 days after
						termination of the period of the order or any extension(s) or renewal(s)
						thereof or the date of denial of an order, the Applicant shall file an
						application with the Issuing Judge seeking an order that an inventory be served
						upon persons named in the order as provided in
						18 Pa.C.S. §
												5716(a) or shall file an
						application with the Issuing Judge seeking an order that postpones such service
						pursuant to
						18 Pa.C.S. §
												5716(b).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › WIRETAPS › Rule 3557 - 30-Day Report of Assigned Judge

Current through Register Vol. 54, No. 28, July 13, 2024
Within 30 days after the expiration of an order (or an
						extension or renewal), or the denial of an order confirming verbal approval of
						interception, the Applicant shall provide to the Issuing Judge a completed
						WT-2B form, which is provided by the Administrative Office of United States
						Courts, for his or her signature. After reviewing the form and making any
						necessary corrections, the Issuing Judge shall send a copy of the WT-2B form to
						the Administrative Office of Pennsylvania Courts, the Administrative Office of
						United States Courts, and the Supervising Judge.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › WIRETAPS › Rule 3558 - Unsealing-Motions

Current through Register Vol. 54, No. 28, July 13, 2024
A. A motion by an
					 interested party to unseal an application, report, order, or other material
					 previously placed under seal shall be in writing and shall be presented to the
					 Issuing Judge. The Issuing Judge, upon good cause shown, may order an
					 application, report, order, or other material (or portions thereof) within the
					 Prothonotary's file to be unsealed and may impose such conditions or
					 limitations thereon as may be necessary to safeguard the confidentiality of
					 such information. This provision, however, shall not apply to investigative or
					 law enforcement officers who may disclose the information pursuant to Section
					 5715 of the Wiretap Act.
B. The
					 Prothonotary, without express written permission from the Issuing Judge, shall
					 not surrender original materials constituting a part of his or her
					 file.
C. The motion should identify
					 with particularity the following:
1. The
					 specific application, report, order, or other materials sought to be
					 unsealed.
2. The purpose for which
					 the order is sought.
3. If the
					 application, report, order, or other materials under seal is/are sought for a
					 trial or other criminal proceeding, the motion shall state the type of
					 proceeding, court docket number(s), the name(s) of the party(ies) involved, the
					 forum, the date(s) and approximate length of time for which such application,
					 report, order, or other materials will be utilized and name(s) and
					 designation(s) of the person(s) having access to the unsealed application,
					 report, order, or other materials.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › WIRETAPS › Rule 3559 - Unsealing-Orders

Current through Register Vol. 54, No. 28, July 13, 2024
A. The Issuing
					 Judge may, upon good cause shown by the said motion, order unsealed the
					 application, report, order, or other materials which is/are the subject of the
					 motion for the purpose(s) set forth therein. If the motion to unseal is
					 granted, the order authorizing unsealing shall be limited to the application,
					 report, order, or other materials which is/are the subject of the motion. The
					 unsealing order shall be valid for a period not to exceed 20 days or the length
					 of the trial or other criminal proceeding or investigation, whichever period is
					 shorter.
B. The Issuing Judge may
					 entertain a motion to extend the life of the unsealing order and may grant same
					 upon good cause shown. If the motion to extend is granted, the unsealing order
					 may be extended for a period not to exceed 20 days. The motion to extend must
					 be filed before the expiration of a previously granted motion or extension(s)
					 therefor and should state with particularity the reason(s) for the
					 extensions.
C. The Issuing Judge
					 may also entertain a motion to extend the scope of a previously granted
					 unsealing order. The motion to extend shall be filed before the termination of
					 the trial or other criminal proceeding or investigation for which the
					 application, order, or other materials was/were initially unsealed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › WIRETAPS › Rule 3560 - Responsibility for Unsealed Documents

Current through Register Vol. 54, No. 28, July 13, 2024
After the application, report, order, or other
						material(s) has/have been turned over to the custody of the requesting
						party(ies) designated in the motion the said requesting party(ies) shall assume
						complete responsibility for and the safekeeping of such application, order,
						report, or other materials for the entire duration of the time set forth in the
						said unsealing order and, further, shall assume responsibility for the safe
						return of such application, order, report, or other materials to the
						Prothonotary.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › WIRETAPS › Rule 3561 - Return of Documents to Prothonotary

Current through Register Vol. 54, No. 28, July 13, 2024
The application, report, order, or other materials
						subject to the unsealing shall be returned to the Prothonotary within 48 hours
						of the expiration of the life of the unsealing order or within 48 hours of the
						termination of the trial or other criminal proceeding or investigation,
						whichever event occurs sooner, unless a timely motion to extend the life of the
						unsealing order or to extend the scope of a previously granted unsealing order
						has been filed and granted.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › IN GENERAL › Rule 3701 - Amendments to Chapter

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter may be added to or otherwise amended by
						order of the Supreme Court, or by order of the Commonwealth Court pursuant to
						Pa.R.A.P. 104 (Rules of Court).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › THE COMMONWEALTH COURT › Rule 3702 - Office of the Prothonotary

Current through Register Vol. 54, No. 28, July 13, 2024
All business of the Commonwealth Court, except as
						otherwise provided by law, by these rules or by order of Court, shall be
						administered through the Office of the Prothonotary maintained by the Court at
						the seat of government in the City of Harrisburg. All matters within the
						jurisdiction of the Court may be filed in the Office of the Prothonotary. Writs
						or other process issuing out of the Court shall exit from the Office of the
						Prothonotary and shall be returnable there.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › THE COMMONWEALTH COURT › Rule 3702.1 - Office of Chief Legal Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Chief Legal Counsel shall provide legal
						support and counsel to the Judges, the Prothonotary, and the Executive
						Administrator; assist the Court in reviewing and processing filings; prepare
						memos for the Court as directed; screen cases; certify cases to advise the
						Court of apparent conflicts; prepare memos to inform the Court of recent
						Supreme Court decisions; and accept such other responsibilities as may be
						assigned by the Court or President Judge.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › THE COMMONWEALTH COURT › Rule 3703 - Regular Sessions

Current through Register Vol. 54, No. 28, July 13, 2024
Regular sessions of the Court, including regular sessions
						to hear cases listed for argument, shall be held at the seat of government in
						the City of Harrisburg and in the cities of Philadelphia and Pittsburgh as
						fixed by court calendars adopted from time to time.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › THE COMMONWEALTH COURT › Rule 3704 - Special Sessions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-A special session of the Court may be held in
					 any judicial district of the Commonwealth whenever the Court deems such a
					 session to be in the interests of justice because of the convenience of parties
					 or witnesses or both or for any other reason.
(b)
Application
.-An
					 application for such a special session shall state in detail the reasons
					 therefor and shall contain a certification pursuant to
					 42 Pa.C.S. §
												563(b) (other sessions) of
					 the availability, without cost to the Commonwealth, of suitable courtroom and
					 related facilities, a court reporter and necessary personnel.
This rule cited in 210 Pa. Code §
													67.5 (relating to duty
						  rosters-location of proceedings).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › THE COMMONWEALTH COURT › Rule 3705 - Seal of the Commonwealth Court

Current through Register Vol. 54, No. 28, July 13, 2024
The seal of the Commonwealth Court shall be in the
						following form:
Click to view
						image
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › THE COMMONWEALTH COURT › Rule 3706 - Docketing Statement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Prothonotary shall develop such Docketing Statement forms as may be necessary
					 for the purposes of reviewing new matters filed in the Court's appellate and
					 original jurisdiction and screening matters for the Court's Mediation
					 Program.
(b) In counseled matters,
					 the Prothonotary shall send, along with the notice of docketing as required by
					 Pa.R.A.P. 907(a) or 1514(a)(3), the relevant Docketing Statement form to
					 counsel for the appellant, petitioner or plaintiff.
(1) Counsel for the appellant, petitioner or
					 plaintiff shall file an original and one copy of the Docketing Statement and
					 all required attachments within ten days of receipt of the notice of
					 docketing.
(2) An unrepresented
					 party shall not be required to file a Docketing Statement.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › THE COMMONWEALTH COURT › Rule 3707 - Preargument Matters; Applications and Motions

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to filing an application or a motion with the
						Court, a party shall confer with all counsel of record and any unrepresented
						parties to determine their position. Applications and motions shall include a
						paragraph indicating whether the other parties concur with the relief sought.
						If the other party does not respond to an inquiry regarding concurrence within
						a reasonable time, the party filing the application or motion shall set forth
						in detail the efforts made to obtain a response and that no response was
						received. This requirement shall not apply to preliminary objections, motions
						for judgments on the pleadings, motions for summary judgment or summary relief,
						petitions to open or strike judgments, applications for supersedeas, petitions
						to proceed in forma pauperis, and motions for post-trial relief. This
						requirement also shall not apply to actions involving incarcerated
						individuals.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › ORIGINAL MATTERS › Rule 3709 - Designation of Legal Aid Sources

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a matter not subject to Chapter 15 (judicial
						review of governmental determinations) is brought before the Commonwealth Court
						within its original jurisdiction, the following names and related information
						shall be included in the notice to defend set forth in the complaint pursuant
						to Pa.R.C.P. No. 1018.1:
Mid Penn Legal Services
213-A North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-0581
and
Dauphin County Lawyer Referral Service
Dauphin County Bar Association
213 North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-7536
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › BRIEFING AND LISTING OF CASES FOR ARGUMENT › Rule 3711 - All Cases to be Heard on Fixed Date

Current through Register Vol. 54, No. 28, July 13, 2024
Cases shall be listed for argument on a fixed date during
						the regular sessions of the Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › BRIEFING AND LISTING OF CASES FOR ARGUMENT › Rule 3712 - Manner of Listing of Cases

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the time limitations and conditions of
						Pa.R.A.P. 3713 (argument en banc or before a panel) where applicable:
(1) Each appeal from a court of common pleas,
					 each other matter which under the applicable law is required to be determined
					 by the Court upon the record before the government unit below, and each matter
					 subject to Pa.R.A.P. 1542 (Evidentiary Hearing) in which no order for an
					 evidentiary hearing has been entered, shall be listed for argument by the
					 Prothonotary on a specified date, of which notice shall be given by the
					 Prothonotary to the parties.
(2) An
					 election matter shall be argued before the Judge or Judges to whom it is
					 assigned immediately after the record is closed and briefs shall be submitted
					 to the Court at or before argument as directed.
(3) An appeal or petition for review (except
					 a matter subject to Paragraphs (1) or (2) of this rule) which under the
					 applicable law may be determined in whole or in part upon the record made
					 before the Court, shall be listed for argument by the Prothonotary on a
					 specified date upon order of the Judge to whom it is assigned or upon
praecipe
of either party certifying that it is at issue for
					 argument, and notice shall be given by the Prothonotary to the parties of the
					 date fixed.
(4) A matter, except a
					 matter subject to Pa.R.A.P. 1542, commenced in the Court within its original
					 jurisdiction when at issue for argument on preliminary matters or after the
					 record has been made shall be listed by the Prothonotary for argument upon the
					 order of the President Judge or the Judge before whom the record has been
					 made.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › BRIEFING AND LISTING OF CASES FOR ARGUMENT › Rule 3713 - Argument En Banc or Before a Panel

Current through Register Vol. 54, No. 28, July 13, 2024
On the initiative of the Court, or at the request of
						either party and approved by the Judge to whom the matter is assigned, argument
						after the record has been made may be heard by the Court en banc or by a panel
						of at least three Judges.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › BRIEFING AND LISTING OF CASES FOR ARGUMENT › Rule 3714 - Listing of Cases and Briefing Schedules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Matters heard solely on certified
					 record
. An appeal from a court of common pleas and each other matter
					 which under the applicable law is required to be determined by the Court upon
					 the record before the government unit below shall be eligible for listing for
					 argument after the record has been filed. When all briefs and reproduced
					 records have been filed, the Prothonotary shall list the matter for oral
					 argument on a specified date and shall give at least ten days written notice by
					 first class mail to all parties of the date scheduled for the argument. The
					 Court may direct any matter to be submitted on briefs without oral
					 argument.
(b)
Original
					 jurisdiction matters
. A matter commenced in whole or in part within
					 the original jurisdiction of the Court including matters under Pa.R.A.P. 1571
					 (determinations of the Board of Finance and Revenue) when at issue for argument
					 on preliminary matters or after the record has been made may be listed for oral
					 argument after the Court establishes a briefing schedule.
(c)
Extensions of time to file briefs
					 or reproduced record.
A party may submit a written request for an
					 extension of time to file briefs or the reproduced record, which the
					 Prothonotary may grant, if the requested extension is:
(1) for thirty days or less;
(2) the first one sought; and
(3) unopposed by all other parties. If any of
					 the three enumerated criteria do not exist, the party must submit its extension
					 request by formal application. The Prothonotary or Chief Legal Counsel may act
					 on the formal application.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › BRIEFING AND LISTING OF CASES FOR ARGUMENT › Rule 3715 - Distribution of Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
The Prothonotary shall distribute to each Judge who is to
						hear an argument, whether
en banc
or before a panel, at least
						five days before the argument date, copies of all briefs and reproduced records
						that have been filed by the parties.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › BRIEFING AND LISTING OF CASES FOR ARGUMENT › Rule 3716 - Citing Judicial Opinions in Filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A reported opinion of the Commonwealth
					 Court en banc or three-Judge panel may be cited as binding precedent.
(b) An unreported panel decision of this
					 Court issued after January 15, 2008, may be cited for its persuasive value, but
					 not as binding precedent.
(c) Any
					 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.
(d) A reported single
					 Judge opinion in an election law matter filed after October 1, 2013, may be
					 cited as binding precedent only in an election law matter.
(e) All other single Judge opinions of this
					 Court, even if reported, shall be cited only for persuasive value and not as
					 binding precedent.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › ARGUMENT BEFORE COURT EN BANC OR A PANEL › Rule 3721 - Composition of Court

Current through Register Vol. 54, No. 28, July 13, 2024
Argument of cases shall be heard by the Court en banc or
						by a panel as determined by the Court in its discretion. The President Judge
						shall, insofar as practicable, assign the members of the Court to panels in
						such fashion that each member sits substantially the same number of times with
						each other member.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › ARGUMENT BEFORE COURT EN BANC OR A PANEL › Rule 3722 - Presiding Judge of Panel

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge or the President Judge's designee
						shall preside over any panel.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › ARGUMENT BEFORE COURT EN BANC OR A PANEL › Rule 3723 - Application for Reargument En Banc

Current through Register Vol. 54, No. 28, July 13, 2024
In matters argued before a single Judge, as in petitions
						for review of determinations of government units which are determined in whole
						or in part upon the record made before the Court, or in matters argued before a
						panel of Judges, the Court, at any time on its own initiative before its order
						becomes final, or upon application for reargument pursuant to these rules, may
						allow reargument before the Court en banc. Such action will be taken only for
						compelling and persuasive reasons.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › EVIDENTIARY HEARINGS › Rule 3731 - Assignment of Judge

Current through Register Vol. 54, No. 28, July 13, 2024
Each matter which under the applicable law may be
						determined in whole or in part upon the record made before the Court, and each
						election case shall be assigned by the President Judge to a Judge, who shall be
						responsible for all aspects of the matter until such time as it is concluded by
						the Judge or is at issue for argument.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › EVIDENTIARY HEARINGS › Rule 3732 - Setting of Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
An evidentiary hearing shall be held when set by the
						President Judge or by the Judge to whom the matter is assigned or after a
						praecipe therefor has been filed by any party. If the President Judge has not
						set the time and place for an evidentiary hearing, the Judge to whom the matter
						is assigned shall fix the time and place for hearing of each matter, subject to
						the approval of the President Judge as to space and staff limitations.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › EVIDENTIARY HEARINGS › Rule 3733 - Rotation of Assignments

Current through Register Vol. 54, No. 28, July 13, 2024
Insofar as is practicable in view of the pending case
						loads of individual Judges, and the duties and responsibilities of the
						President Judge, assignments shall be made on a rotating basis to and among the
						Judges.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › EVIDENTIARY HEARINGS › Rule 3734 - Record in Evidentiary Hearing Cases

Current through Register Vol. 54, No. 28, July 13, 2024
In matters which under the applicable law may be
						determined in whole or in part upon the record made before the Court, the
						record made before the Court as transcribed and filed, together with the
						pleadings and other documents filed incident to the matter (including any
						record certified pursuant to Chapter 19 (preparation and transmission of the
						record and related matters)), shall comprise the record in the Court and need
						not be reproduced for purposes of argument, except as prescribed in Pa.R.A.P.
						2111(c) (pleadings).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › EVIDENTIARY HEARINGS › Rule 3735 - Jury Trials

Current through Register Vol. 54, No. 28, July 13, 2024
Upon notice from the Commonwealth Court that a matter in
						that Court is to be tried by jury, the court of common pleas of a county in
						which the matter is to be tried shall provide courtroom facilities and a jury.
						The matter shall be tried as a Commonwealth Court case at such time as the
						president judge of the designated court of common pleas and the President Judge
						of the Commonwealth Court shall agree.
This rule cited in 210 Pa. Code §
													67.5 (relating to duty
						  rosters-location of proceedings).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › POST DECISION › Rule 3740 - Request to Report Unreported Opinion

Current through Register Vol. 54, No. 28, July 13, 2024
Within 30 days after an opinion has been filed as
						unreported, any person may file an application to report the opinion. Except as
						noted in the next sentence, grant of the application requires an affirmative
						majority vote of the Commissioned Judges. Grant of an application to report an
						opinion of a single Judge or an opinion of a special election panel requires an
						affirmative two-thirds vote of the Commissioned Judges.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › POST DECISION › Rule 3751 - Taxation of Costs

Current through Register Vol. 54, No. 28, July 13, 2024
A party who desires costs to be taxed under Pa.R.A.P.
						2762(b) (procedure for collection of costs on appeal) shall state them in an
						itemized and verified bill of costs which such party shall file with the
						Prothonotary within 14 days after entry of the judgment or other final
						order.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › ENFORCEMENT OF AGENCY ORDER › Rule 3761 - Enforcement Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Government Unit's Enforcement of its Own Orders.
(1)
Petition
. When a
					 government unit seeks to enforce an order issued under a statute which it
					 administers, it may initiate the proceedings by filing a petition to
					 enforce.
(2)
Service
. The petitioner shall serve the petition and order in
					 the manner prescribed by the Pennsylvania Rules of Civil Procedure for service
					 of original process and shall file the return or certificate of service
					 prescribed by the same rules.
(3)
Hearing and Notice
. Upon the filing of a petition to enforce,
					 the Court will issue an order setting a date for a hearing and a date by which
					 the respondent must answer the petition. The petitioner shall serve the Court's
					 order upon the respondent in the manner prescribed by Pa.R.A.P. 121 and
					 122.
(4)
Relief
.
					 Following the hearing, the Court will enter such orders as may be
					 appropriate.
(5)
Discovery
. Discovery shall be allowed only upon leave of
					 court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3771 - Scope of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
Pa.R.A.P. 3771-3784 apply to all actions in the
						Commonwealth Court arising under Article V of The Insurance Department Act of
						1921, Act of May 17, 1921, P.L. 789, added by the Act of December 14, 1977,
						P.L. 280, as amended,
						40
						P.S. §§
												221.1-221.63 (concerning summary and
						formal proceedings against insurers) (Article V). The rules are intended to
						govern practice and procedures in Article V proceedings. In the event of any
						inconsistency, the provisions of Article V control.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3772 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
					 otherwise stated, words and phrases used in these rules shall have the meanings
					 given to them under Article V.
(b)
Administrative case docket
-A docket created upon the
					 initiation of a formal proceeding by the filing of a petition to rehabilitate
					 or liquidate an insurance company.
(c)
Adversarial
					 proceeding
-Any action (1) initiated by the rehabilitator or liquidator
					 against persons other than the insurer, (2) asserting a right or interest
					 afforded by Article V and for which neither Article V nor prior orders of the
					 Court provide an avenue for redress, and (3) that the Court determines shall be
					 governed by Pa.R.A.P. 3783 (adversarial proceedings) as an adversarial
					 proceeding.
(d)
Ancillary
					 case docket
-A docket created when an adversarial proceeding is
					 initiated or when a creditor files an objection to the liquidator's claim
					 determination under Pa.R.A.P. 3781(c) (claim procedure).
(e)
Court
-The Commonwealth
					 Court of Pennsylvania.
(f)
Formal proceeding
-An action to rehabilitate or liquidate an
					 insurer pursuant to Sections 515 or 520 of Article V,
					 40
					 P.S. §§
												221.15,
					 221.20.
(g)
Master service list
-The
					 list maintained by the Commissioner or receiver, as the case may be, as
					 directed in Pa.R.A.P. 3778 (master service list).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3773 - Filings; Number of Copies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Each paper filing shall consist of the original
					 document, two (2) copies, and a labeled CD-ROM or USB flash drive containing a
					 copy of the filing in portable document format (PDF).
(b)
Exception.
A copy on a
					 labeled CD-ROM or USB flash drive is not required for a proof of service or
					 report of the performance of a ministerial task.
(c)
No courtesy copies.
Courtesy copies of filings shall not be provided to the Judge's
					 chambers.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3774 - Manner of Initiating Article V Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Judicial review of summary orders
					 (Section 510 of Article V,
					 40
					 P. S. §
													221.10)
. A request for
					 judicial review of a summary order issued by the Commissioner shall be
					 presented by petition for review and shall conform to the provisions of Chapter
					 15 of the Pennsylvania Rules of Appellate Procedure applicable to matters in
					 the Court's original jurisdiction.
(b)
Court's seizure order (Section
					 512 of Article V,
					 40
					 P. S. §
													221.12)
. A petition by the
					 Commissioner for a seizure order shall state the material facts that constitute
					 the grounds for relief. The petition for seizure may be decided with or without
					 an answer or a hearing. An insurer may petition the Court for hearing and
					 review of an
ex parte
seizure order at any time and shall set
					 forth the factual and legal basis in support of a contention that the Court
					 should vacate or modify the seizure order. The Court may set a time for the
					 Commissioner to file an answer, but in any event the Court shall decide the
					 petition for hearing and review in accordance with Sections 512(d) and 513(a),
					 (b), 40 P. S. §§
												221.12(d) and
					 221.13(a), (b).
(c) Formal proceedings to commence
					 rehabilitation or liquidation (Sections 515 and 520 of Article V,
					 40
					 P. S. §§
												221.15 and
					 221.20).
(1) A petition by the Commissioner for
					 rehabilitation or liquidation shall state the material facts that constitute
					 the grounds for relief.
(2) Unless
					 the Court otherwise orders, within thirty (30) days of the filing of a petition
					 for rehabilitation or a petition for liquidation, the insurer shall file either
					 an answer to the petition or consent to the entry of an order granting the
					 relief the Commissioner seeks in the petition. An answer shall state the
					 material facts that constitute a defense to the petition. No other response by
					 the insurer is permitted.
(3)
					 Following the entry of an order to rehabilitate or liquidate the business of an
					 insurer, the Court may enter a case management order to supplement these
					 Rules.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3775 - Intervention in Formal Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Intervention.
A person
					 not named as a respondent in a formal proceeding who has a direct and
					 substantial interest in the administration of the insurer's business or estate
					 may request leave of court to intervene.
(b)
Application to
					 intervene.
A request for leave to intervene, generally or for a
					 limited purpose, shall be by application and answer, if any, in accordance with
					 Pa.R.A.P. 123 (application for relief). The application shall contain a concise
					 statement of the interest of the applicant and the purposes for which the
					 applicant seeks to intervene. A copy of the document to be filed if the Court
					 allows intervention shall be attached to the application.
(c)
Action on application.
Intervention in a formal proceeding shall be allowed if the proven or admitted
					 allegations of the application establish a sufficient interest in the
					 proceedings, unless the interest of the applicant is already adequately
					 represented or intervention will unduly delay or prejudice the adjudication of
					 the rights of the parties.
(1)
General
					 intervention.
When the applicant demonstrates an ongoing interest in
					 the administration of the insurer's business or estate, the Court may grant the
					 applicant general intervention. The general intervenor shall remain on the
					 master service list until the formal proceeding is completed.
(2)
Limited intervention.
When the applicant's interest involves a discrete controversy relating to the
					 administration of the insurer's business or estate, the Court may grant the
					 applicant limited intervention to participate as a party in the discrete
					 controversy. The limited intervenor shall not be placed upon the master service
					 list unless the Court orders otherwise.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3776 - Applications for Relief or Court Approval

Current through Register Vol. 54, No. 28, July 13, 2024
Relief or approval from the Court shall be requested by
						application. An application for relief or an application by the receiver for
						the Court's approval shall comply with Pa.R.A.P. 123 (application for relief),
						except that a response, if any, shall be filed within thirty (30) days of
						service of an application for relief or an application for Court approval. Upon
						application, the Court may alter the time for response. The application and any
						response may be supported by a memorandum of law.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3777 - Docketing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Administrative case docket.
Upon the filing of a petition to
					 rehabilitate or liquidate an insurance company under Article V, the
					 Prothonotary shall create an administrative case docket and assign the petition
					 a number thereon. All filings directly related to the Court's consideration of
					 the petition for rehabilitation or liquidation shall be filed at that number,
					 and this docket will contain all filings concerning the administration of the
					 insurer's business or estate should the petition be granted.
(b)
Case caption-administrative case
					 docket.
The caption of the proceeding assigned to an administrative
					 case docket shall be substantially in the following form:
_________________________
IN THE COMMONWEALTH COURT OF
						PENNSYLVANIA
IN RE: XYZ Insurance Company
:
In Liquidation [Rehabilitation]
:
No. 1 XYZ 20xx
:
[Title of Document]
_________________________
(c)
Ancillary case docket.
When a complaint is filed by or against the receiver to commence an adversarial
					 proceeding under Pa.R.A.P. 3783 (adversarial proceeding), when the Court
sua sponte
directs that a dispute initiated by an application
					 for relief under Pa.R.A.P. 3776 (applications) be treated as an adversarial
					 proceeding under Pa.R.A.P. 3783 or when an objection is filed to a notice of
					 determination under Pa.R.A.P. 3781 (claim procedure), the Prothonotary will
					 note such filing on the administrative case docket, establish an ancillary case
					 docket and assign a number for each such matter. The party initiating an
					 ancillary case shall file a completed cover sheet that may be obtained from the
					 Prothonotary or at www.pacourts.us/T/Commonwealth/.
(d)
Case caption-ancillary
					 dockets
. Matters that receive ancillary case docket numbers shall be
					 captioned substantially in accordance with the following examples:
(1) An adversarial proceeding under Pa.R.A.P.
					 3783 (adversarial proceedings) shall be captioned:
IN THE COMMONWEALTH COURT OF
						PENNSYLVANIA
_______________________ ,
:
Plaintiff/Applicant
:
:
v.
:
:
No. __________
_______________________ ,
:
Defendant/Respondent
:
:
(Ancillary to IN RE:
:
XYZ Insurance Company
:
In Liquidation
:
No. 1 XYZ 20xx)
:
[Title of Document]
_________________________
(2) An objection to the liquidator's
					 determination on a proof of claim under Pa.R.A.P. 3781 (claim procedure) shall
					 be captioned:
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
John Doe Company,
:
Objector
:
Objection to Notice of
:
Determination
:
:
Re: Proof of Claim
:
No. _______
:
v.
:
:
:
XYZ Insurance Co., in
:
Liquidation
:
:
No. _______
(Ancillary to IN RE:
:
XYZ Insurance Company
:
In Liquidation
:
No. 1 XYZ 20xx)
:
Objection to Liquidator's Notice(s) of
									 Determination
_________________________
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3778 - Master Service List

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
As soon as practicable after filing a petition
					 to rehabilitate or liquidate an insurer, the Commissioner shall create and
					 maintain a master service list. If the Court grants the petition to liquidate
					 or rehabilitate, the receiver will assume the duty to maintain the master
					 service list. The master service list shall include the name, address,
					 telephone number, facsimile (fax) number and electronic mail (e-mail) address
					 of counsel for each party and for each pro se party in the proceeding at the
					 administrative case docket number.
The receiver is not required to include on the master
						service list any limited intervenor or the limited intervenor's counsel.
Changes in contact information, including transfer of
						responsibilities to another attorney in the firm and requests to be removed
						from the master service list may be accomplished by notifying the Commissioner
						or receiver, as the case may be, by e-mail, fax or mail in accordance with the
						Commissioner's or receiver's instructions.
(b)
Request of non-party for
					 inclusion on master service list.
Any interested person may be added
					 to the master service list by sending a written request to the Commissioner or
					 receiver, as the case may be, including name, address, telephone number,
					 facsimile number and electronic mail address. A person included on the master
					 service list pursuant to this subsection shall be designated thereon as a
					 non-party.
(c)
Availability
					 of master service list.
The Commissioner or receiver, as the case may
					 be, shall post and maintain the master service list on any website established
					 under Pa.R.A.P. 3779 (website). If no website has been established, the master
					 service list shall be available by e-mail upon request. A paper copy of the
					 master service list shall be available for a standard fee.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3779 - Website

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise ordered by the Court, when the
						Commissioner files a petition to rehabilitate or liquidate an insurer, the
						Commissioner shall establish and maintain a website for the purpose of listing
						filings with and orders of the Court in accordance with these rules, and when
						required, posting access to the listed documents. If the Court grants the
						petition to liquidate or rehabilitate, the receiver will maintain the
						website.
On the website, the receiver shall post: all documents
						filed at the administrative case docket number; a proof of claim form; a
						statement describing the procedure for filing claims pursuant to Pa.R.A.P. 3781
						(claim procedure); and a statement regarding the requirements in Pa.R.A.P.
						3781(c)(4) (corporate representation) and (5) (
pro hac vice
),
						for corporate representation and admission
pro hac vice
for
						attorneys.
The receiver shall note any ancillary docket number on
						the website and state the nature of the dispute. The receiver may but is not
						required to post filings at an ancillary case docket number.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 37 - BUSINESS OF THE COMMONWEALTH COURT › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3780 - Service and Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Service of parties.
All documents filed by any party shall be
					 served on all other parties at the appropriate docket number assigned to the
					 matter in accordance with Pa.R.A.P. 121 (filing and service). Proof of service
					 shall comply with Pa.R.A.P. 122 (proof of service).
(b)
Notice to non-parties listed on
					 the master service list.
The receiver shall promptly notify all
					 non-parties named on the master service list of any filing at the
					 administrative case docket number. The notice shall include:
(1) A description and the date of the
					 filing;
(2) A statement that the
					 filing is available for viewing, downloading, or printing at the
					 website;
(3) Directions on how
					 interested persons may view, download, or print a copy of the filing from the
					 website;
(4) A name, address,
					 telephone number, fax number, and e-mail address as a contact for those unable
					 to view, download, or print the filing from the website.