Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 33 - BUSINESS OF THE SUPREME COURT › ORIGINAL MATTERS › Rule 3307 - Applications for Leave to File Original Process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope
.-This rule applies
					 only to matters within the original jurisdiction of the Supreme Court under
					 42 Pa.C.S. §
												721
					 which are not in the nature of mandamus or prohibition ancillary to matters
					 within the appellate jurisdiction of the Supreme Court. Applications for relief
					 pursuant to or ancillary to the appellate jurisdiction of the Supreme Court,
					 including relief which may be obtained in the Supreme Court by petition for
					 review or petition for specialized review, are governed by Article I and
					 Article II and may be filed without an application under this rule.
See
					 also
Pa.R.A.P. 3309 (applications for extraordinary relief).
(b)
General Rule.
The
					 initial pleading in any original action or proceeding shall be prefaced by an
					 application for leave to file such pleading, showing service upon all parties
					 to such action or proceeding. The matter will be docketed when the application
					 for leave to file is filed with the Prothonotary of the Supreme Court. 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 filed as in other original actions. An adverse party may
					 file an answer no later than 14 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 to the application will not be filed. Upon receipt of the answer to the
					 application, or a letter stating that no answer will be filed, from each party
					 entitled to file such, the application, pleadings, and answer to the
					 application, if any, shall be distributed by the prothonotary to the Supreme
					 Court for its consideration.
(c)
Disposition of application
.-The Supreme Court may thereafter
					 grant or deny the application or set it down for argument. Additional pleadings
					 may be filed, and subsequent proceedings had, as the Supreme Court may direct.
					 If the application is denied, the matter shall be transferred to the
					 appropriate court by the prothonotary in the same manner and with the same
					 effect as matters are transferred under Pa.R.A.P. 751.