reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › ATTORNEYS AND COUNSELORS › Rule 3121 - Practice of Law by Staff; Qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
A. Neither the prothonotary, deputy
					 prothonotary, chief clerk, nor any person employed in the Office of the
					 Prothonotary, nor any personal staff employed by an appellate court or by any
					 judge thereof, shall practice before any court or tribunal of this
					 Commonwealth. Nor shall any such person otherwise practice law. Such a person
					 may act
pro se
, and may perform routine legal work incident to
					 the management of the personal affairs of the person or a member of the
					 person's family, as long as the work is performed without compensation and does
					 not involve the entry of an appearance on behalf of the family member in a
					 court or other tribunal. Such limited practice is also subject to the
					 disclosure of employment within the Unified Judicial System to the parties and
					 the court in which the employee represents himself or herself.
This rule does not apply to
pro bono
activities, provided that they are performed without compensation; do not
						involve the entry of an appearance before any court or tribunal; do not involve
						a matter of public controversy, an issue likely to come before the person's
						court, or litigation against federal, state or local government; and are
						undertaken after written approval of the Justice or Judge for whom the person
						is employed and the Chief Justice, or the President Judge of the Superior Court
						or Commonwealth Court, depending on which court employs the person.
B. Staff attorneys must either be
					 members of the Bar of Pennsylvania, or must have received without exception an
					 earned Bachelor of Laws or Juris Doctor degree from a law school that was an
					 accredited law school at the time the staff attorney matriculated or
					 graduated.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › ATTORNEYS AND COUNSELORS › Rule 3122 - Oral Agreements

Current through Register Vol. 54, No. 28, July 13, 2024
Oral agreements between attorneys will not be considered
						or recognized by appellate court if disputed unless made in open court
						concerning a matter then under consideration.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › BRIEFS › Rule 3191 - Distribution of Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
The following entities shall be entitled to receive
						distribution of briefs filed in an appellate court:
(1) The State Library (two copies).
(2) The Jenkins Law Library of
					 Philadelphia.
(3) The Allegheny
					 County Law Library.
(4) The
					 University of Pennsylvania Law Library.
(5) The Dickinson Law School
					 Library.
(6) The University of
					 Pittsburgh Law Library.
(7) The
					 Harvard Law School.
(8) The
					 Duquesne University Law Library.
(9) The Temple Law School Library.
(10) The Villanova University Law School
					 Library.
(11) The Delaware Law
					 School of Widener College Law Library.
(12) The Legal Intelligencer.
(13) The West Publishing Company
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › IN GENERAL › Rule 3301 - Office of the Prothonotary

Current through Register Vol. 54, No. 28, July 13, 2024
The Prothonotary shall maintain offices in the cities of
						Philadelphia, Pittsburgh and Harrisburg. All matters within the jurisdiction of
						the court may be initially filed in any such office. The Prothonotary may
						direct the parties to file documents in a specified office. A document
						thereafter filed in an improper office shall be transferred to the proper
						office as if pursuant to Rule 751 (transfer of erroneously filed cases). See
						also Rule 2703 (erroneously filed cases).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › IN GENERAL › Rule 3302 - Seal of the Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
The seal of the Supreme 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 33 - BUSINESS OF THE SUPREME COURT › IN GENERAL › Rule 3305 - Administrative Motions

Current through Register Vol. 54, No. 28, July 13, 2024
The Prothonotary, in the first instance, is authorized to
						dispose of motions relating to the preparation, printing and filing of appendix
						and briefs and those motions generally relating to calendar control, along with
						the authority to recommend the appropriate sanction for the violation of any
						applicable rule or order.
DIRECTIVE
It is expected that members of the bar will adhere to the
						rules of appellate procedure. Accordingly, to insure compliance with the rules,
						the court hereby promulgates the following directive.
Pursuant to Rule 3305, Pa.R.A.P., upon the failure to
						comply with the rules of appellate procedure, the court may impose sanction(s)
						which may include but are not limited to:
1.) Striking the brief or pleading;
2.) Loss of oral argument;
3.) Fine(s);
4.) Quashing the appeal, petition or
					 motion;
5.) If the attorney is
					 court-appointed, removal from the case, denial of fees for services performed
					 and/or denial of further court appointments;
6.) If retained counsel, advising the client
					 of the violation;
7.) Referral to
					 the disciplinary board;
8.) Payment
					 of opposing party's reasonable attorney's fees and/or court costs.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › IN GENERAL › Rule 3306 - Procedures for Taxation of Costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The prevailing party to an appeal in the
					 Supreme Court may file a verified bill of costs pursuant to Chapter 27 of the
					 Rules of Appellate Procedure within 14 days after entry of the judgment or
					 other final order. An opposing party may file objections within 14 days of
					 service of the bill of costs.
(b)
					 If objections are filed, the prevailing party may file a reply within 7 days of
					 service. Thereafter, the Prothonotary shall enter an order taxing
					 costs.
(c) The action of the
					 Prothonotary may be reviewed by the Court if the party seeking review files an
					 application within 7 days after entry of the order.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › KING'S BENCH MATTERS › Rule 3309 - Applications for Extraordinary Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
An
					 application for relief under
					 42 Pa.C.S. §
												726
					 (extraordinary jurisdiction), or under the powers reserved by the first
					 sentence of Section 1 of the Schedule to the Judiciary Article, shall show
					 service upon all persons who may be affected thereby, or their representatives,
					 and upon the clerk of any court in which the subject matter of the application
					 may be pending. The application shall be deemed filed on the date received by
					 the prothonotary unless it was on an earlier date deposited in the United
					 States mail and sent by first class, express, or priority United States Postal
					 Service mail as shown on a United States Postal Service Form 3817 Certificate
					 of Mailing, Form 3800 Receipt for Certified Mail, Form 3806 Receipt for
					 Registered Mail, or other similar United States Postal Service form from which
					 the date of deposit can be verified. The certificate of mailing or similar
					 Postal Service form from which the date of deposit can be verified shall be
					 cancelled by the Postal Service, shall show the docket number of the matter if
					 known and shall be either enclosed with the application or separately mailed to
					 the prothonotary. Appearances shall be governed by Pa.R.A.P. 1112 (entry of
					 appearance) unless no appearances have been entered below, in which case
					 appearances shall be filed as in original actions.
(b)
Answer
.-An adverse party
					 may file an answer no later than fourteen days after service of the
					 application. The answer shall be deemed filed on the date of mailing if first
					 class, express, or priority United States Postal Service mail is utilized. An
					 adverse party who does not intend to file an answer to the application shall,
					 within the time fixed by these rules for the filing of an answer, file a letter
					 stating that an answer will not be filed.
(c)
Distribution and
					 disposition
.-Upon receipt of the answer, or a letter stating that no
					 answer will be filed, from each party entitled to file such, the application
					 and answer, if any, shall be distributed by the Prothonotary to the Supreme
					 Court for its consideration. The Supreme Court may thereafter grant or deny the
					 application or set it down for argument.
(d)
Stays and
					 supersedeas
.-Where action is taken under this rule which has the
					 effect of transferring jurisdiction of a matter to the Supreme Court, unless
					 otherwise ordered by the Supreme Court such action shall be deemed the taking
					 of an appeal as of right for the purposes of Chapter 17 (effect of appeals;
					 supersedeas and stays), except that the lower court shall not have the power to
					 grant reconsideration.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › SUPERSEDEAS AND STAYS › Rule 3315 - Review of Stay Orders of Appellate Courts

Current through Register Vol. 54, No. 28, July 13, 2024
Where the Superior Court or the Commonwealth Court in the
						exercise of its appellate jurisdiction has entered an order under Chapter 17
						(effect of appeals; supersedeas and stays), such order may be further reviewed
						by any justice of the Supreme Court in the manner prescribed by Chapter 17 with
						respect to appellate review of supersedeas and stay determinations of lower
						courts.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › SUPERSEDEAS AND STAYS › Rule 3316 - Review of Stay of Execution Orders in Capital Cases

Current through Register Vol. 54, No. 28, July 13, 2024
When a trial court has entered an order granting or
						denying a stay of execution in a capital case, such order may be reviewed by
						the Supreme Court in the manner prescribed in Pa.R.A.P. 1704.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › APPEALS FROM LEGISLATIVE REAPPORTIONMENT COMMISSION › Rule 3321 - Appeals from Legislative Reapportionment Commission

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise ordered, appeals under Section 17(d) of
						Article II of the Constitution of Pennsylvania shall be governed by Chapter 15
						(judicial review of governmental determinations).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › PETITIONS FOR CERTIFICATION OF QUESTIONS OF PENNSYLVANIA LAW › Rule 3341 - Petitions for Certification of Questions of Pennsylvania Law

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 Rule.
-On the motion of a party or sua sponte, any of the following
					 courts may file a petition for certification with the Prothonotary of the
					 Supreme Court:
(1) The United States Supreme
					 Court; or
(2) Any United States
					 Court of Appeals.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › IN GENERAL › Rule 3501 - 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 Superior Court pursuant to Rule
						104 (rules of court).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › THE SUPERIOR COURT › Rule 3502 - Office of the Prothonotary

Current through Register Vol. 54, No. 28, July 13, 2024
The Prothonotary shall maintain offices in the cities of
						Philadelphia, Pittsburgh and Harrisburg. The Prothonotary may direct the
						parties to file documents in a specified office. A document thereafter filed in
						an improper office shall be transferred to the proper office as if pursuant to
						Rule 751 (transfer of erroneously filed cases). See also Rule 2703 (erroneously
						filed cases).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › THE SUPERIOR COURT › Rule 3503 - Seal of the Superior Court

Current through Register Vol. 54, No. 28, July 13, 2024
The seal of the Superior 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 35 - BUSINESS OF THE SUPERIOR COURT › APPEALS AND ARGUMENT LISTS › Rule 3513 - Oral Arguments

Current through Register Vol. 54, No. 28, July 13, 2024
In all appeals, appellant and appellee shall each be
						allowed 15 minutes to present his argument. Where there are two or more appeals
						from the same order raising different or unrelated questions and in joint
						appeals under Rule 512 (joint appeals), counsel addressing the court for each
						side shall be allowed ten minutes to present his argument. The total time
						allowed any side shall not exceed 30 minutes.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › APPEALS AND ARGUMENT LISTS › Rule 3514 - Weekly List

Current through Register Vol. 54, No. 28, July 13, 2024
No case on the weekly list shall be continued when
						reached, except by leave of the court upon cause shown. Engagement of counsel
						in the lower courts will not be recognized as a reason for the continuance or
						postponement of a case, except when they are actually engaged in a trial which
						has been commenced in a previous week and is unfinished.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › APPEALS AND ARGUMENT LISTS › Rule 3515 - Daily List

Current through Register Vol. 54, No. 28, July 13, 2024
The list shall be made up each day at three o'clock for
						the following day, and cases on that list must be argued or nonprossed when
						called.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › APPEALS AND ARGUMENT LISTS › Rule 3516 - Passing Regular Turn

Current through Register Vol. 54, No. 28, July 13, 2024
When it is desired, for any reason whatever, that a case
						be passed at its regular turn on the list, the Prothonotary of the Superior
						Court must be notified before the case is put on the daily list. Engagement of
						counsel in other courts, or agreement of parties, is no ground of exception to
						this requirement. The rule is for the conduct of the business of the court, and
						is not subject to variation by counsel for any cause.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › APPEALS AND ARGUMENT LISTS › Rule 3517 - Docketing Statement Form

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a notice of appeal to the Superior Court is
						filed, the Prothonotary shall send a docketing statement form which shall be
						completed and returned within ten (10) days in order that the Court shall be
						able to more efficiently and expeditiously administer the scheduling of
						argument and submission of cases on appeal. Failure to file a docketing
						statement may result in dismissal of the appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › APPEALS AND ARGUMENT LISTS › Rule 3519 - Requests for Publication

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Briefs of the Parties.
The brief of the appellant or the
					 appellee may include, in addition to those matters enumerated in Rule 2111, a
					 request for the publication of the Superior Court's disposition with respect to
					 the issues on appeal. The request shall be separately and distinctly entitled
					 and shall set forth the reasons why publication as an opinion is being sought.
					 Such reasons may include (1) that the Court of Common Pleas has decided a
					 question of substance not previously determined by the Superior Court or the
					 Supreme Court; (2) the Court of Common Pleas has rendered a decision in
					 conflict with the decision of another Court of Common Pleas on the same
					 question; or (3) the question involves an issue of substantial public
					 importance.
(b) After an
					 unpublished memorandum decision has been filed, the panel may sua sponte, or on
					 the motion of any party to the appeal, or on request by the trial judge,
					 convert the memorandum to a published opinion. In the case of a motion of any
					 party to the appeal or a request from the trial judge, such motion or request
					 must be filed with the Prothonotary within 14 days after the entry of the
					 judgment or other order involved. The decision to publish is solely within the
					 discretion of the panel.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › APPEALS AND ARGUMENT LISTS › Rule 3521 - Oral Argument; Submission on Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
In all cases other than post-conviction hearing cases,
						upon receipt of the appellant's brief, the Prothonotary shall send a reply
						letter to the appellant asking whether oral argument is requested. If appellant
						responds in a timely fashion that appellant requests oral argument, the case
						will be listed for argument. If appellant fails to respond in a timely fashion,
						the case will be submitted on the briefs, unless otherwise directed by the
						court on its own motion or upon application.
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 3531 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of Rules 3532-3561, the following words and
						phrases shall have the meanings set forth below:
Applicant
-The Attorney General of
						Pennsylvania (or a deputy attorney general designated in writing) or a District
						Attorney (or an assistant district attorney designated in writing) of the
						county wherein the interception is to be made, who files an application
						pursuant to the Wiretap Act.
Assigned Judge
-A judge of the Superior
						Court to whom the Supervising Judge assigns to consider an application filed
						under the Wiretap Act.
Issuing Judge
-The judge of the Superior
						Court who signs a wiretap order.
Supervising Judge
-A judge of the
						Superior Court, designated by the President Judge of the Superior Court, who
						administers wiretap applications.
Wiretap Act
-The Wiretapping and
						Electronic Surveillance Control Act,
						18 Pa.C.S. §
												5701
et seq
.
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 3532 - Preemption

Current through Register Vol. 54, No. 28, July 13, 2024
Government officials are advised to consult the Wiretap
						Act. Any Rule of Appellate Procedure inconsistent with the Wiretap Act is
						preempted by the Wiretap Act.
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 3533 - Confidential Docket Number

Current through Register Vol. 54, No. 28, July 13, 2024
The Applicant, not a law enforcement officer, shall call
						the Prothonotary or Deputy Prothonotary for a confidential docket number. All
						applications, affidavits, progress reports, and orders shall utilize the
						confidential docket number assigned to the matter.
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 3534 - Assignment to a Particular Judge

Current through Register Vol. 54, No. 28, July 13, 2024
A.
					 After receiving an assigned docket number from the Prothonotary or Deputy
					 Prothonotary, the Applicant, not a law enforcement officer, shall call the
					 Supervising Judge, inform him or her of the locale of the interception, and
					 request assignment of a judge to consider the application. The Supervising
					 Judge then shall assign a judge of the Superior Court via written order and
					 inform the Applicant of the Assigned Judge.
B. All matters related to a docket number
					 shall be presented to the Assigned/Issuing Judge. In extraordinary
					 circumstances, where the Assigned/Issuing Judge is unavailable or is no longer
					 a judge of the Superior Court, the Applicant or movant shall contact the
					 Supervising Judge for assignment of a substitute judge. In true emergencies,
					 where delay risks death or serious bodily injury, any judge of the Superior
					 Court may issue any order permitted by law.
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 3535 - Submission of Application to Assigned Judge

Current through Register Vol. 54, No. 28, July 13, 2024
The Applicant shall submit the application, affidavit,
						and proposed order to the Assigned Judge. If such documentation is to be
						presented in advance to the Assigned Judge electronically, the documentation
						shall be encrypted utilizing a security certificate supplied by the Assigned
						Judge. This ex parte proceeding need not be on the record if all the necessary
						information required by the Assigned Judge is contained in the application.
						However, any additional testimony or explanation, if supplied orally, must be
						made of record. A recording device utilizing a removable storage medium or
						court reporter may be used and must be provided by the Applicant. If a court
						reporter is used, the Assigned Judge shall direct the court reporter to
						transcribe the proceedings as expeditiously as possible and to submit the
						stenographic notes and original transcript to the Assigned Judge for sealing at
						the earliest possible moment. If a recording device is used, the storage medium
						shall immediately be turned over to the Assigned Judge and sealed. The Assigned
						Judge should instruct all present concerning the need for
						confidentiality.
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 3536 - Content of Application-General

Current through Register Vol. 54, No. 28, July 13, 2024
An application under
						18 Pa.C.S. §
												5709 must be
						made upon the personal oath or affirmation of the Applicant and must contain
						the following:
A. A statement of the
					 Applicant's authority to make the application.
B. A statement of the identity, State Police
					 certification number, and qualifications of the investigative or law
					 enforcement officer who will supervise the conduct of the interception and the
					 identity of the agency which will conduct the interception.
C. An affidavit by the investigative or law
					 enforcement officer who has knowledge of relevant information justifying the
					 application, including a statement that the Applicant seeks authorization to
					 intercept wire, oral, or electronic communications of the subject(s) of the
					 investigation concerning one or more of the offenses listed in
					 18 Pa.C.S. §
												5708.
D. A statement that the Applicant has
					 discussed the above circumstances of the offenses with the officer who has
					 conducted the investigation to date and has examined the officer's affidavit
					 (which is attached and incorporated by reference).
E. A complete statement of the facts
					 concerning all previous applications known to the Applicant made to any court
					 for authorization to intercept a wire, electronic, or oral communication
					 involving any of the same facilities or places specified in the application, or
					 involving any person whose communication is to be intercepted, and the action
					 taken by the court on each such application.
F. Where the application is for the renewal
					 or extension of an order, a particular statement of facts showing the results
					 thus far obtained from the interception, or a reasonable explanation of the
					 failure to obtain such results.
G.
					 A request that, based on the facts and circumstances set forth in the
					 application and the attached affidavit, the Assigned Judge issue an order
					 pursuant to
					 18 Pa.C.S. §
												5710
					 authorizing the designated officers to intercept wire, electronic, or oral
					 communications to and from, or on, the described devices or at the described
					 premises until the earlier of:
1.
					 communications are intercepted which reveal:
i. the manner in which the subject(s) and
					 others unknown have participated, are participating, or will participate in the
					 commission of the enumerated offenses,
ii. the identities of their confederates,
					 and
iii. the nature of their
					 operation or criminal enterprise; or
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 3537 - Content of Application-Target Specific Wiretaps

Current through Register Vol. 54, No. 28, July 13, 2024
An application for a target specific wiretap pursuant to
						18 Pa.C.S. §
												5712.1 that
						does not comply with
						18 Pa.C.S. §
												5712(a)(3) and/or
						18 Pa.C.S. §
												5709(3)(iv) and
						(v), shall set forth:
A. In the case of oral communications:
1. a full and complete statement as to why
					 specification is not practical and identifies the person committing the offense
					 and whose communications are to be intercepted; and
2. a request that the Assigned Judge find
					 that specification is not practical.
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 3538 - Content of Application-Mobile Communication Tracking, Pen Registers, Trap and Trace Devices, and Telecommunication Identification Interception Devices

Current through Register Vol. 54, No. 28, July 13, 2024
An application for an order authorizing the installation
						and usage of pen registers, trap and trace devices, telecommunication
						identification interception devices and the disclosure or production of mobile
						communication tracking information shall contain:
A. The Applicant's identity and the identity
					 of the investigative or law enforcement agency conducting the
					 investigation.
B. A certification
					 by the Applicant that the information likely to be obtained is relevant to an
					 ongoing criminal investigation being conducted by that agency.
C. An affidavit by an investigative or law
					 enforcement officer which establishes probable cause for the issuance of an
					 order or extension of an order under
					 18 Pa.C.S. §
												5773.
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 3539 - Content of Affidavit

Current through Register Vol. 54, No. 28, July 13, 2024
The investigative or law enforcement officer's affidavit
						shall contain the following:
A. The
					 affiant's title, pertinent employment history, authority to conduct
					 investigations, and experience in conducting investigations of similar
					 offenses.
B. The name,
					 qualifications, and State Police certification number of the officers who will
					 supervise and conduct the interception of the communications as well as the
					 agency which will conduct the interception.
C. A statement of the details as to the
					 particular offense that has been, is being, or is about to be
					 committed.
D. The identity of the
					 person or persons, if known, who are believed to be committing one or more of
					 the crimes in
					 18 Pa.C.S. §
												5708, and
					 whose communications will be intercepted.
E. The particular type of communication to be
					 intercepted;
e.g.
, in a gambling case, transmittal and
					 acceptance of wagers placed on the outcome of sporting events and horse race
					 results, line information, etc.
F.
					 Except where an application is filed pursuant to Rule 3537
1. The character and location of the
					 particular communication facilities involved or the particular place where the
					 oral communications will be intercepted;
2. The facts and circumstances establishing
					 probable cause to believe that the subject(s) has committed, is committing or
					 will commit one of the crimes enumerated in
					 18 Pa.C.S. §
													5708;
3. The facts and circumstances establishing
					 probable cause to believe that the particular wire, electronic, or oral
					 communications of the subject(s) concerning those offenses may be obtained
					 through the proposed interception;
4. The facts and circumstances establishing
					 probable cause to believe that the facilities from which, or the place where,
					 the wire, electronic, or oral communications are to be intercepted, are, have
					 been, or are about to be used, in connection with the commission of such
					 offense, or are leased to, listed in the name(s) of, or commonly used by such
					 subject(s).
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 3540 - Additional Testimony or Documentary Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
The Assigned Judge may require the Applicant to provide
						additional testimony or documentary evidence during the
in camera
proceeding.
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 3541 - Request for Identity of Informant

Current through Register Vol. 54, No. 28, July 13, 2024
Where, pursuant to
						18 Pa.C.S. §
												5710(b), the Assigned Judge
						requests the identity of an informant, such proceedings must be on the record,
						except for the name or information that could lead to the identification of the
						informant which may be provided
in camera
and off the
						record.
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 3542 - Orders-Notice of Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
Upon consideration of the application, the Assigned Judge
						may enter an
ex parte
order authorizing the interception of
						wire, electronic, or oral communications that are being intercepted anywhere in
						the Commonwealth. All proposed orders shall include, on the first page, the
						following notice of confidentiality to third parties:
WIRETAP CONFIDENTIALITY
NOTICE
You have been served with an intercept order pursuant to
						Pennsylvania's Wiretapping and Electronic Surveillance Control Act,
						18 Pa.C.S. §§
												5701-5781
						(the "Wiretap Act").
In order to implement wiretaps and electronic
						surveillance authorized by intercept orders, the assistance of third parties,
						those outside of law enforcement, is required. You have been made aware of an
						intercept order because your assistance is required to facilitate wiretapping
						or other surveillance in an on-going criminal investigation.
This is a very serious and highly confidential matter and
						must be treated with the utmost care and discretion. Except as specifically
						authorized under the Wiretap Act, IT IS A CRIME TO WILLFULLY USE OR DISCLOSE
						THE EXISTENCE OF AN INTERCEPT ORDER. SUCH USE OR DISCLOSURE IS PUNISHABLE BY
						IMPRISONMENT OF UP TO 2 YEARS, AND A FINE OF UP TO $5,000.
The Wiretap Act provides as follows:
§ 5719. Unlawful use or disclosure of existence of order
						concerning intercepted communication
Except as specifically authorized pursuant to this
						subchapter any person who willfully uses or discloses the existence of an order
						authorizing interception of a wire, electronic or oral communication is guilty
						of a misdemeanor of the second degree.
(A misdemeanor of the second degree is punishable by
						imprisonment of up to two years,
						18 Pa.C.S. §
												1104, and a
						fine of up to $5,000,
id
. § 1101.)
See also
						18 Pa.C.S. §§
												5725,
						5726 and
						5717.
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 3543 - Orders-Probable Cause Statement

Current through Register Vol. 54, No. 28, July 13, 2024
A proposed order, except those pertaining to
						supplementary target specific orders or orders under
						18 Pa.C.S. §§
												5771-5773,
						shall be submitted by the Applicant to the Assigned Judge, and it shall state
						that based on the application, the Assigned Judge finds probable cause to
						believe the following:
A. The
					 person(s) whose communication is to be intercepted is committing, has
					 committed, or is about to commit the offense(s) set forth in the
					 application.
B. Particular
					 communications concerning such offense(s) may be obtained through such
					 interception.
C. Normal
					 investigative procedures with respect to such offense(s) have been tried and
					 have failed or reasonably appear to be unlikely to succeed if tried or to be
					 too dangerous to employ.
D. The
					 facilities from which (or the place where) the wire, electronic or oral
					 communications are to be intercepted, are, have been, or are about to be used,
					 in connection with the commission of such offense, or are leased to, listed in
					 the name of, or commonly used by, the subject(s).
E. The investigative or law enforcement
					 officers or agency to be authorized to do the interception are qualified by
					 training and experience to execute the interception sought and are certified
					 under
					 18 Pa.C.S. §
												5724.
F. The application is based on new evidence
					 or information different from and in addition to the evidence or information
					 offered to support any prior order for interception (other than a renewal or
					 extension of an existing order).
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 3544 - Orders-Supplementary Target Specific

Current through Register Vol. 54, No. 28, July 13, 2024
A proposed order for a supplementary target specific
						wiretap shall be submitted to the Assigned Judge, and it shall state that based
						on the application, the Assigned Judge finds reasonable suspicion that:
A. The target of the original target specific
					 wiretap has in fact changed communication devices or facilities or is presently
					 using additional communication devices, communications facilities, or
					 places.
B. The target of the
					 original target specific wiretap is likely to use the specified communications
					 device or facility for criminal purposes similar to or related to those
					 specified in the original order.
C.
					 The Applicant will be responsible for the supervision of the
					 interception.
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 3545 - Orders-Mobile Communication Tracking, Installation and Use of a Pen Register, Trap and Trace Device, and Telecommunication Identification Interception Device

Current through Register Vol. 54, No. 28, July 13, 2024
A proposed order for mobile communication tracking,
						installation and use of a pen register, trap and trace device, or a
						telecommunication identification interception device shall be submitted to the
						Assigned Judge, and it shall state:
A.
					 There is probable cause to believe that information relevant to an ongoing
					 criminal investigation will be obtained from the targeted telephone.
B. The identity, if known, of the person to
					 whom is leased or in whose name is listed the targeted telephone, or, in the
					 case of the use of a telecommunication identification interception device, the
					 identity, if known, of the person or persons using the targeted
					 telephone.
C. The identity, if
					 known, of the person who is the subject of the criminal
					 investigation.
D. If the order is
					 for a pen register or trap and trace device only, the physical location of the
					 targeted telephone.
E. A statement
					 of the offense to which the information likely to be obtained by the pen
					 register, trap and trace device, or the telecommunication identification
					 interception device relates.
F.
					 Direct, upon the request of the Applicant, the furnishing of information,
					 facilities and technical assistance necessary to accomplish the installation of
					 the pen register under
					 18 Pa.C.S. §
												5771.
G. In the case of a telecommunication
					 identification interception device, direct that all interceptions be recorded
					 and monitored in accordance with
					 18 Pa.C.S. §
												5714(a)(1) and (2) and
					 (b).
H. The order authorizes the disclosure or
					 production of mobile communication tracking information or installation and use
					 of a pen register, trap and trace device, or a telecommunication identification
					 interception device for a period not to exceed 60 days.
I. Extensions of such an order may be granted
					 but only upon an application for an order under
					 18 Pa.C.S. §
												5772 and upon
					 the judicial finding required by
					 18 Pa.C.S. §
												5772(a). The period of each
					 extension shall be for a period not to exceed 30 days.
J. The order be sealed until otherwise
					 ordered by the Issuing Judge.
K.
					 The person owning or leasing the targeted telephone, or who has been ordered by
					 the Issuing Judge to provide assistance to the Applicant, not disclose the
					 existence of the mobile communication tracking, pen register, trap and trace
					 device, or telecommunication identification interception device, or the
					 existence of the investigation to the listed subscriber, or to any other
					 person, unless or until otherwise ordered by the Issuing 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 3547 - Orders-Sealing Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
The Issuing Judge shall note on the order the date and
						time at which it was signed. The original application, affidavit, and order
						should be placed in an envelope and sealed by the Issuing Judge. The seal
						should be in the form of an order signed by the Issuing Judge and affixed to
						the envelope by the Issuing Judge in such a manner as to prevent the removal of
						the contents without physically disturbing the seal. The confidential docket
						number should be placed on the envelope. Form sealing orders are available to
						assist the Applicant and may be obtained from 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 3548 - Duplicate Original for Communications Common Carrier

Current through Register Vol. 54, No. 28, July 13, 2024
At the time the original order is signed, a duplicate
						original should also be signed for presentation to the communications common
						carrier.
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 3549 - Transmission of Sealed Materials

Current through Register Vol. 54, No. 28, July 13, 2024
The Assigned/Issuing Judge should then mail or hand
						deliver the envelope, after inserting it in another envelope marked
						"Confidential," to the appropriate Superior Court Prothonotary office set forth
						in the sealing order. Alternatively, the materials may be hand delivered by the
						Applicant.
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 3550 - Renewal or Extension Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
To obtain an extension pursuant to
						18 Pa.C.S. §
												5712(b), an application,
						affidavit, and proposed extension order shall be submitted to the Issuing
						Judge. The application must have all of the features contained in the original
						application and must also contain a particular statement of facts showing the
						results obtained to date from the interception or a reasonable explanation of
						the failure to obtain such results.
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 3551 - Verbal Authorization-Application

Current through Register Vol. 54, No. 28, July 13, 2024
A. When permitted by
					 18 Pa.C.S. §
												5713 and/or
					 18 Pa.C.S. §
												5773 an
					 Applicant may make a verbal, instead of written, application.
B. The verbal application should include as
					 many of the elements of a written application and affidavit as can be provided
					 under the emergency conditions. Application for such authorization should be
					 made
in camera
, under oath, and on the record. Upon approval
					 of the Assigned Judge, the application may be made by electronic means,
e.g.
, telephone, Skype, or FaceTime. Moreover, if the Assigned
					 Judge requires the application to be on the record, and the application
					 proceedings cannot be recorded stenographically, the Applicant may, with the
					 permission of all speaking parties, record the proceedings.
1. The verbal application must include
					 sufficient facts for the Assigned Judge to find that an emergency situation
					 exists with respect to the investigation of an offense designated in
					 18 Pa.C.S. §
													5708, and
i. The investigation involves conspiratorial
					 activities characteristic of organized crime; or
ii. A substantial danger to life or limb
					 exists.
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 3552 - Verbal Authorization-Order

Current through Register Vol. 54, No. 28, July 13, 2024
If the Assigned Judge finds that the statutory
						requirements are satisfied, he or she may verbally authorize the interception
						of wire, electronic, or oral communications conditioned upon the filing within
						48 hours of a written application for an interception order.
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 3553 - Verbal Authorization-Required Written Application

Current through Register Vol. 54, No. 28, July 13, 2024
A. The written application and affidavit
					 required by Rule 3552 shall include, in addition to the normal requirements, a
					 recitation of the date, time, place, and circumstances of the verbal
					 authorization.
B. If the Issuing
					 Judge, after granting verbal authorization, denies a subsequent written
					 application, the Applicant shall, in writing, request that the Issuing Judge
					 cause an inventory to be served as provided in
					 18 Pa.C.S. §
												5716.
					 Similarly, if a subsequent written application is not made or, if made, is
					 denied, the Applicant shall, in writing, request the Issuing Judge to seal and
					 retain any recordings of communications intercepted pursuant to verbal
					 authorization.
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 3554 - Progress Reports

Current through Register Vol. 54, No. 28, July 13, 2024
If the Issuing Judge orders progress reports pursuant to
						18 Pa.C.S. §
												5712(d), such reports shall
						be submitted to the Issuing Judge in a manner consistent with Rule 3535. The
						Issuing Judge shall seal and file the progress reports in the same manner as
						applications, set forth in Rule 3547.