reglab/statecodes huggingface dataset:
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 3781 - Claim Procedure in Liquidation Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing a Proof of Claim
.
(1) A creditor asserting a monetary claim
					 against the insurer's estate shall file a proof of claim with the liquidator in
					 accordance with Article V.
(2) In
					 the notice to potential creditors of the insurer's estate, the liquidator shall
					 provide a proof of claim form that complies with Article V.
(3) The completed proof of claim form and
					 supporting documentation shall be filed with the liquidator. A proof of claim
					 form is filed when received by the liquidator except as described below. The
					 liquidator is deemed to have received the proof of claim form on the date of
					 mailing as established by a United Postal Service Form 3817 Certificate of
					 Mailing, Form 3800 Receipt for Certified Mail, Form 3806 Receipt for Registered
					 Mail, or by any similar form from which the date of deposit in the mail can be
					 verified or the date of transmission by facsimile (fax) or electronic mail
					 (e-mail), as documented by the sender's fax or computer. If filing is
					 accomplished by fax, the claimant shall also comply with the requirements of
					 Pa.R.Civ.P. 440(d)(2), relating to a fax cover sheet.
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 3782 - Claim Procedure in Rehabilitation Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
When an approved plan of rehabilitation includes the
						filing of claims by creditors, the rehabilitation plan shall follow the claim
						procedures set forth in Pa.R.A.P. 3781, unless modified by 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 › SUMMARY AND FORMAL PROCEEDINGS AGAINST INSURERS › Rule 3783 - Adversarial Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initiating adversarial proceedings.
Adversarial proceedings
					 shall be initiated by the filing of a complaint.
(b)
Rules governing adversarial
					 proceedings.
The Pennsylvania Rules of Civil Procedure shall apply to
					 adversarial proceedings.
(c)
Appointment of referee.
The Court may appoint a referee to
					 hear the complaint and make recommended findings of fact and conclusions of law
					 and propose an order for review by the Court in the same manner and pursuant to
					 the same procedure prescribed for the disposition of objections to a notice of
					 determination. The Court shall determine who shall pay the referee's fee and
					 costs.
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 3784 - Reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Claims
					 report
. At least annually, the liquidator shall file a report of the
					 claims against the insurer's estate that have been resolved, with the
					 liquidator's recommendations ("Claims Report"). The Claims Report shall include
					 the following: each claimant's name, address, priority class, allowed amount,
					 and whether the claim determination was finalized because no objection was
					 filed, no exceptions were taken to a referee's recommended decision, a
					 recommended decision was sustained by the Court or the parties agreed to a
					 settlement. The liquidator shall serve a copy of the Claims Report on those
					 listed on the master service list in accordance with these rules. No claim
					 shall be paid, in part or in whole, until the report is approved by the
					 Court.
(b)
Status
					 report
. The receiver shall file a comprehensive report on the status
					 of the insurer's business or the administration of the insurer's estate as
					 frequently as ordered by the Court. The liquidator shall serve a copy of the
					 Status Report on those listed on the master service list in accordance with
					 these rules.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPERIOR COURT › Rule 3801 - Right to Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
An expedited confidential appeal to the Superior Court
						shall be available to any applicant under
						18 Pa.C.S. §
												3206 to whom
						a Court of Common Pleas has refused an order authorizing an
						abortion.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPERIOR COURT › Rule 3802 - Filing, Service and Content of Notice of Expedited Confidential Appeal Pursuant to the Abortion Control Act, 18 Pa.C.S

Current through Register Vol. 54, No. 28, July 13, 2024
Notice of Appeal shall be filed with the Clerk of the
						Court of Common Pleas and immediately served on the trial judge and Court
						Reporter. The notice of appeal shall be in substantially the following
						form:
Click to view
						image
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPERIOR COURT › Rule 3803 - Transmission of Notice of Appeal to Superior Court

Current through Register Vol. 54, No. 28, July 13, 2024
The clerk of the Court of Common Pleas in which a notice
						of appeal under this Chapter is filed, shall, the same day, transmit the notice
						by facsimile to the appropriate office of the Prothonotary of the Superior
						Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPERIOR COURT › Rule 3804 - Transcription of Notes of Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of a notice of appeal to the Superior Court,
						the court reporter shall transcribe the notes of testimony and deliver the
						transcript to the Clerk of the Court of Common Pleas by 5:00 p.m. on the
						following business day. If the transcript is not prepared and delivered in a
						timely fashion, the appellate court may order the court reporter to transcribe
						the notes and deliver the notes to the appellate court and may impose sanctions
						for violation of such an order. It being presumed that a pregnant woman under
						Section 3206 of the Abortion Control Act is proceeding in forma pauperis, she
						shall not be charged for the cost of the transcript. Chapter 19 of the Rules of
						Appellate Procedure shall not otherwise apply to appeals under this
						Chapter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPERIOR COURT › Rule 3805 - Transmission of the Record

Current through Register Vol. 54, No. 28, July 13, 2024
The clerk of the Court of Common Pleas in which an appeal
						has been filed, shall on or before the close of business on the second business
						day following the filing of the appeal, transmit by overnight delivery to the
						appropriate office of the prothonotary of the Superior Court, the sealed record
						including the lower court's written findings and conclusions, if not included
						in the transcript, and any other material made a part of the record in the
						lower court. The clerk of the Court of Common Pleas shall enclose a cover
						memorandum clearly identifying the record as a confidential record filed
						pursuant to Section 3206 of the Abortion Control Act.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPERIOR COURT › Rule 3806 - Appellant's Brief

Current through Register Vol. 54, No. 28, July 13, 2024
The appellant may file, in the office of the Superior
						Court Prothonotary, on or before the second business day after the notice of
						expedited confidential appeal has been filed, copies of a written memorandum
						containing a discussion of the matters complained of on
						appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPERIOR COURT › Rule 3807 - Oral Argument

Current through Register Vol. 54, No. 28, July 13, 2024
The Superior Court will consider any request for oral
						argument and if granted, will notify all interested parties of the time, place
						and manner of argument.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPREME COURT › Rule 3811 - Petition for Review

Current through Register Vol. 54, No. 28, July 13, 2024
Within thirty (30) days of the entry of an order of the
						Superior Court denying an application for an abortion under
						18 Pa.C.S. §
												3206, an
						applicant may file a confidential petition for review consistent with Pa.R.A.P.
						123 relating to applications for relief to the Pennsylvania Supreme Court. The
						petition for review need not be set forth in numbered paragraphs, and shall set
						forth the matters complained of and a short discussion of the issues. An
						original and eight (8) copies of the petition for review shall be filed with
						the Prothonotary of the Supreme Court. No supporting brief shall be filed
						unless invited by the Supreme Court. A petition for review shall be exempt from
						filing fees.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPREME COURT › Rule 3812 - Transmission of the Record to the Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of the petition for review, the Prothonotary
						of the Supreme Court shall immediately notify the Prothonotary of the Superior
						Court and request the original record. Within one (1) business day of the
						request for the original record, the Prothonotary of the Superior Court shall
						deliver to the Prothonotary of the Supreme Court the original record and the
						opinion of the Superior Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPREME COURT › Rule 3813 - Oral Argument

Current through Register Vol. 54, No. 28, July 13, 2024
There is no right to oral argument before an appellate
						court. The Supreme Court will consider any request for oral argument set forth
						in a petition for review and, if granted, will notify interested parties of the
						time, place and manner of oral argument.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 38 - APPEALS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › SUPREME COURT › Rule 3814 - Reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
A petition for reconsideration of the Supreme Court's
						Order may be filed within seven (7) days of the date of the Court's Order.
						Petitioner shall file with the Prothonotary of the Supreme Court an original
						and eight (8) copies of a petition for reconsideration.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 39 - APPEALS PURSUANT TO ADOPTION ACT › Rule 3901 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
All petitions, exhibits, reports, notes of testimony, and
					 all other papers filed in an appellate court pertaining to any proceeding under
					 the Adoption Act,
					 23 Pa.C.S. §
											2101, et
					 seq., shall not be disclosed to a non-party by the appellate court without an
					 order of the appellate court upon cause shown.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 40 - APPEALS ARISING UNDER THE PENNSYLVANIA CODE OF MILITARY JUSTICE › Rule 4001 - Scope of Chapter

Current through Register Vol. 54, No. 28, July 13, 2024
This Chapter shall apply to all appeals from a
					 court-martial as permitted by the Pennsylvania Code of Military Justice,
					 51 Pa.C.S. §
											5100
et seq
. The other chapters of the Pennsylvania Rules of
					 Appellate Procedure shall also be applicable, provided such application is not
					 inconsistent with the Pennsylvania Code of Military Justice or preempted by the
					 rules contained in this Chapter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 40 - APPEALS ARISING UNDER THE PENNSYLVANIA CODE OF MILITARY JUSTICE › Rule 4002 - Manner of Taking Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
An appeal shall be taken by filing, in person or by first
					 class, express, or priority United States Postal Service mail, a notice of
					 appeal with the State Judge Advocate for the respective branch of service in
					 which the court-martial has been convened.
If the notice of appeal is filed by first class, express,
					 or priority United States Postal Service mail, the notice shall be deemed
					 received by the State Judge Advocate for the purposes of filing on the date
					 deposited in the United States mail, 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 other similar Postal Service form from which the date of deposit can be
					 verified shall be cancelled by the Postal Service and shall show the docket
					 number of the matter in the government unit, and shall be either enclosed with
					 the petition or separately mailed to the State Judge Advocate.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 40 - APPEALS ARISING UNDER THE PENNSYLVANIA CODE OF MILITARY JUSTICE › Rule 4003 - Time for Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The notice of appeal required by Pa.R.A.P. 4002 shall be
					 filed within the following time periods:
(a) A notice of appeal of a judgment of
				  court-martial shall be filed within 30 days upon finality of judgment and
				  issuance to the accused of a written advisement of the right to appeal the
				  judgment to the Superior Court.
(b)
				  A notice of interlocutory appeal shall be filed within three days of the date
				  of the order or ruling being appealed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 40 - APPEALS ARISING UNDER THE PENNSYLVANIA CODE OF MILITARY JUSTICE › Rule 4004 - Content and Service of Notice of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form.
The notice of
				  appeal shall be substantially in the following form:
PENNSYLVANIA NATIONAL GUARD COURT-MARTIAL
Commonwealth
v.
Docket No. ____________
Jonathon Doe, [rank], Defendant
NOTICE OF APPEAL
Notice is hereby given that [party name] appeals to the
					 Superior Court of Pennsylvania from the final judgment of
					 court-martial/interlocutory order or ruling in this matter, dated ___ , ___ 20
					 _ and rendered by ___.
The State Judge Advocate in this matter is _______ , having
					 an address. _______.
/s/ _______
_________
(b)
Statement of errors complained of
				  on appeal
. A concise statement of errors complained of on appeal in
				  conformance with the following requirements shall be appended to the notice of
				  appeal:
(1) The statement shall set forth
				  only those orders, rulings, and errors that the appellant intends to
				  challenge.
(2) The statement shall
				  concisely identify each order, ruling, or error that the appellant intends to
				  challenge in sufficient detail to identify all pertinent issues for the
				  authority that rendered those orders or rulings.
(3) Issues not included in the statement are
				  waived.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 40 - APPEALS ARISING UNDER THE PENNSYLVANIA CODE OF MILITARY JUSTICE › Rule 4005 - Filing of Notice of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
Three copies of the notice of appeal shall be filed with
					 the State Judge Advocate, who immediately shall:
(a) stamp it with the date of receipt. That
				  date, or the date of earlier deposit in the United States mail as prescribed by
				  Pa.R.A.P. 4002, shall constitute the date of filing of the appeal;
(b) transmit a copy of the notice of appeal
				  and the filing fee to the Prothonotary of the Superior Court; and
(c) transmit a copy of the notice of appeal
				  to the authority responsible for rendering the complained of error.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 40 - APPEALS ARISING UNDER THE PENNSYLVANIA CODE OF MILITARY JUSTICE › Rule 4006 - Opinion in Support of Order or Ruling

Current through Register Vol. 54, No. 28, July 13, 2024
The authority that entered the order or made the ruling
					 giving rise to the notice of appeal shall file of record with the State Judge
					 Advocate either:
(a) a brief opinion
				  of the reasons for the order or ruling or other errors complained of;
				  or
(b) specify in writing the place
				  in the record where such reasons may be found.
If the case appealed involves an order or ruling issued by
					 an authority who was not the authority entering the order or making the ruling
					 giving rise to the notice of appeal, the authority entering the order or making
					 the ruling giving rise to the notice of appeal may request that the authority
					 who entered the earlier order or made the earlier ruling provide an opinion to
					 be filed to explain the reasons for that order or ruling.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 40 - APPEALS ARISING UNDER THE PENNSYLVANIA CODE OF MILITARY JUSTICE › Rule 4007 - Record on Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Responsible office.
The State Judge Advocate shall be
				  responsible for the assembly and transmission of the record on
				  appeal.
(b)
Composition of
				  the record.
The record shall consist of:
(1) The authenticated record of the
				  court-martial, including a verbatim transcript of the proceeding and testimony,
				  the pleadings, and evidence.
(2)
				  The order or ruling of the authority to be reviewed.
(3) The findings or report on which such
				  order or ruling is based.
(4)
				  Submissions, recommendations, reviews, and orders or rulings arising from
				  post-trial administrative review and action.
(5) A copy of the written advisement of right
				  to appeal.
(6) Any opinion of the
				  reasons for the order or for the rulings or other errors complained
				  of.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 51 - PROVISIONS OF LAW SAVED AND ABROGATED › Rule 5101 - Statutes and Other Authorities Suspended or Abrogated

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Statute of 13 Edw. 1, c. 31 (3 Binney
				  606) (1 Ruffhead 99) is hereby suspended absolutely insofar as it is in force
				  in this Commonwealth as supplied by Rule 1923 of these rules.
(b)
(1) The
				  practice and procedure provided in all former statutes governing appellate
				  procedure within the scope of these rules, which have been repealed effective
				  June 27, 1978 or June 27, 1979 by the Judiciary Act Repealer Act (JARA), act of
				  April 28, 1978 (P. L. 202, No. 53), and which are now part of the common law of
				  this Commonwealth by virtue of Section 3(b) of JARA (42 P. S. §
												20003(b)) are hereby
				  abolished and shall not continue as part of the common law of this
				  Commonwealth.
(2) With respect to
				  all statutes relating to practice and procedure, repeal of which will become
				  effective June 27, 1980 as provided by Section 4(b) of JARA (42 P. S. §
												20004(b)), these rules are a
				  general rule within the meaning of Section 3(b) of JARA and the practice and
				  procedure provided in those statutes, so far as related to appellate procedure
				  within the scope of these rules, shall not continue as part of the common law
				  of this Commonwealth.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 51 - PROVISIONS OF LAW SAVED AND ABROGATED › Rule 5102 - Statutes Saved from Suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Judicial Code unaffected.-No provision of these rules shall be construed to
				  suspend any provision of Title 42 of the Pennsylvania Consolidated Statutes
				  (relating to judiciary and judicial procedure) enacted prior to May 1,
				  1978.
(b) Other statutes.-These
				  rules shall not be deemed to suspend or affect:
(1) Rescinded.
Note:
Rule 5102(b)(1) is rescinded as
					 obsolete.
(2) Section 426 of
				  the act of June 2, 1915 (P. L. 736, No. 338), known as The Pennsylvania
				  Workmen's Compensation Act (77 P. S.§
												871).
(3) Act of June 3, 1937 (P. L. 1333, No. 320)
				  known as the Pennsylvania Election Code (25 P. S.§
												2600 et seq.).
(4) Section 9 of the act of October 27, 1955
				  (P. L. 744, No. 222), known as the Pennsylvania Human Relations Act
				  (43
				  P. S.§
												959).
(5)
											15 Pa.C.S.§
												137
				  (Commonwealth Court to pass upon rejection of documents by Department of
				  State).
(6) Rescinded.
				  20 Pa.C.S.§
												746 (money
				  paid into court), repealed by the Judiciary Act Repealer Act effective June 27,
				  1980.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.1 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
The Internal Operating Procedures are intended to implement
				  Article V of the Constitution of Pennsylvania, statutory provisions, the
				  Pennsylvania Rules of Appellate Procedure and the customs and traditions of
				  this Court. No substantive or procedural rights are created, nor are any such
				  rights diminished.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.2 - Preamble

Current through Register Vol. 54, No. 28, July 13, 2024
A. In the discharge
				of judicial duties, every Justice is responsible to the Court.
B. In its discharge of judicial functions,
				the Court is the responsibility of every Justice.
C. All Justices bear an equal responsibility
				for the proper disposition of every matter before the Court.
D. The assignment of a given matter to a
				single Justice is solely for the efficiency of the Court, and neither enhances
				the power of the assigned Justice nor diminishes the duty of the remaining
				Justices as to its proper disposition.
In furtherance of the duties expressed in the preamble, the
				  following procedures, which may be amended without notice as circumstances
				  require, have been adopted by the Court:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.3 - Decisional Procedures: Argued and Submitted Cases

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Argued Cases.
1.
Argument Session
				Schedule.
Unless otherwise ordered by the Court, argument sessions
				shall be scheduled for one-week periods during the months of March, April, May,
				September, October and December. Daily arguments shall begin at 9:30 a.m.
				unless otherwise designated.
2.
Listing of Cases.
The following cases shall be listed for oral
				argument upon completion of the briefing schedule or as soon as practicable:
a. Direct appeals from a judgment of sentence
				of death ("capital direct appeals").
b. Cases in which allowance of appeal
				("allocatur") has been granted, unless the Court has ordered that the appeal be
				submitted on the briefs.
c. All
				other cases that have been designated by the Court as suitable for oral
				argument, including but not limited to non-capital direct appeals and Post
				Conviction Relief Act ("PCRA") appeals.
3.
Assignments.
Each day
				following oral argument the Court shall meet in conference to discuss the cases
				argued that day. The Chief Justice shall preside at the conference, lead the
				Court's discussion, and call for a tentative vote on the decision of each case.
				The Justices shall vote in an inverse order of seniority.
Argued cases, except for non-capital direct appeals, shall be
				  assigned at conference by the senior Justice in the majority position in such a
				  manner as to achieve equal distribution of assignments and to avoid delay in
				  deciding cases. If it appears that due to illness of a Justice or for some
				  other reason this purpose is not being served, the Chief Justice may, as a
				  matter of his or her discretion, alter the assignment order.
An argued non-capital direct appeal will be assigned to the
				  Justice who prepared the disposition memorandum, unless after conference vote
				  his or her position is not aligned with that of the majority, in which case the
				  assignment shall be made by the senior member of the majority.
If a Justice to whom a case has been assigned subsequently
				  decides to change his or her position on the proper decision of the case and
				  ceases to be aligned with the conference majority view, he or she shall provide
				  a draft opinion or proposed order along with an explanation of the change of
				  position.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.4 - Opinions

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Circulation Schedule; Voting; Hold; Reassignment
.
1.
Preparation of Opinions
.
				Preparation of opinions and responses to circulating opinions shall be given
				the highest priority.
a.
Majority
. The assigned Justice shall, absent extraordinary
				circumstances, circulate a proposed majority opinion to all members of the
				Court within ninety (90) days of the assignment in single-issue cases and
				serial capital PCRA appeals, within one hundred and twenty (120) days in
				multiple-issue cases, within one hundred and fifty (150) days in capital direct
				appeals, within one hundred and eighty (180) days in first capital PCRA
				appeals, or within forty-five (45) days of the assignment of a Children's Fast
				Track appeal. The Court should make every effort to decide cases by clear
				majority disposition.
b.
Concurrences and Dissents
. Justices who are aligned as to the
				result should collaborate as much as possible to achieve a unified position in
				responsive opinions. Concurrences and dissents shall be circulated to all
				members of the Court within forty (40) days of the date of the first scheduled
				vote on the proposed majority opinion in single-issue cases and serial capital
				PCRA appeals, within sixty (60) days in multiple-issue cases, within
				seventy-five (75) days in capital direct appeals, and within ninety (90) days
				in first capital PCRA cases. Matters may also be held for additional review by
				a Justice during these time periods. In Children's Fast Track appeals,
				concurrences and dissents shall be circulated to all members of the Court
				within twenty (20) days of the date of the first scheduled vote on the proposed
				majority opinion.
Due dates for responsive opinions are calculated from the
				  date of the first scheduled vote on the
original
proposed
				  majority opinion, regardless of whether the case is moved to a subsequent vote
				  list by the circulation of a responsive opinion. Generally, the first scheduled
				  vote date will remain the threshold date in the calculation, unless the
				  proposed majority opinion is withdrawn or the substantive analysis and/or
				  resolution is substantially altered via a revised opinion. In such instances,
				  the time period is calculated from the date of the first scheduled vote on the
				  revised majority opinion. A majority author's mere defense of an
				  already-existing analysis through revisions in the nature of rejoinder does not
				  alter the time period for response.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.5 - Non-Capital Direct Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Assignment.
All non-capital direct appeals shall be reviewed
				by the Court to determine their suitability for oral argument. As soon as all
				briefs have been received, the non-capital direct appeal will be assigned by
				the Prothonotary to a Justice on a rotating basis by seniority for preparation
				of a disposition memorandum, which will contain a short recitation of the
				facts, a brief discussion of the issues, and a recommendation as to whether the
				case should be (1) listed for oral argument; (2) submitted on the briefs; (3)
				resolved by affirmance on the opinion of the court below, including when
				necessary a brief statement of matters not covered by that opinion; or (4)
				resolved by per curiam order.
A per curiam order may be issued
1. when the Court's decision:
a. does not establish a new rule of
				law;
b. does not alter, modify,
				criticize or clarify an existing rule of law;
c. does not apply an established rule of law
				to a novel fact situation;
d. does
				not constitute the only binding precedent on a particular point of
				law;
e. does not involve a legal
				issue of continuing public interest; or
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.8 - Certification of Questions of Law

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Court Limitation.
This Court will accept Certification
				Petitions from the United States Supreme Court or any United States Court of
				Appeals.
B.
Assignment,
				Circulation and Disposition.
The Prothonotary shall refer
				Certification Petitions to the Chief Justice, who will prepare a memorandum
				setting forth the positions of the parties and a recommended disposition.
				Acceptance of certification is a matter of judicial discretion. The Court shall
				decide whether to accept or decline certification without hearing oral
				argument. The recommendation should be circulated within thirty (30) days from
				the date of assignment, and should contain a proposed disposition date no
				greater than thirty (30) days from the date of circulation. Every Certification
				Petition should be decided within sixty (60) days. A vote of the majority is
				required to implement the proposed disposition. A Justice may request that the
				order record that he or she voted for a different disposition. Orders disposing
				of Certification Petitions shall indicate if a Justice did not participate in
				the consideration or decision of the matter.
Upon acceptance of certification by the Court, the
				  Prothonotary shall (1) issue an order accepting certification, which shall
				  specify the questions of law for which certification was accepted, and whether
				  the case is to be submitted on the briefs or heard at an argument session; (2)
				  establish a briefing schedule; (3) list the matter for oral argument if oral
				  argument has been granted; and (4) take such further action as the Court
				  directs.
C.
Amicus
				curiae briefs.
After the Court accepts certification, amicus curiae
				briefs may be submitted without prior leave of Court. Such briefs shall be
				filed and served in the manner and within the time directed by the
				Prothonotary.
D.
Reconsideration Applications.
1.
Assignment.
Upon receipt
				of an application for reconsideration following an order resolving a
				Certification Petition, the Prothonotary shall direct the reconsideration
				application to the Chief Justice for assignment.
2.
Circulation and
				Disposition.
The assigned Justice shall circulate to the Court a
				recommended disposition within fourteen (14) days of the date of the
				assignment. A Justice who disagrees with the recommended disposition shall
				circulate a counter-recommendation within fourteen (14) days of the original
				recommendation. A vote of the majority is required to grant reconsideration. In
				any case in which reconsideration has been denied, a Justice may request that
				the order record that he or she voted to grant reconsideration. All orders
				shall indicate if a Justice did not participate in the consideration or
				decision of the matter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.9 - Photographing, Recording and Broadcasting

Current through Register Vol. 54, No. 28, July 13, 2024
A.
General Provisions.
1. The Supreme Court reserves the right to
				restrict usage of all sound recordings and visual images taken in Supreme Court
				Courtrooms. Photographing, recording and broadcasting in those areas are
				permissible only in accordance with the following provisions.
2. The Executive Administrator of the Supreme
				Court or his or her designee ("Executive Administrator") may permit
				photographing, recording and broadcasting in any Supreme Court Courtroom in his
				or her discretion. Requests to photograph, record or broadcast sound or images
				for public or private use in any media, including, but not limited to, printed,
				online and video form, must be submitted to the Executive Administrator at
				least three business days before the proposed date of photographing, recording
				or broadcasting, or within a shorter period as the Executive Administrator may
				determine. Requests to photograph, record or broadcast during scheduled Supreme
				Court proceedings will not be entertained.
3. Members of the general public visiting any
				Supreme Court Courtroom as a permitted guest or a participant in a supervised
				tour may take photographs or record sound or images for their private,
				non-profit use, unless otherwise directed by the Executive Administrator. This
				provision does not authorize photographing, recording or broadcasting during
				scheduled Supreme Court proceedings.
4. When a Supreme Court Courtroom is being
				used by an executive or legislative agency, board, commission or similar
				entity, sections A. 2.-3. shall not affect that entity's policies relating to
				photographing, broadcasting and recording.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.10 - Communications to the Court in Pending Cases

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever any matter is pending before the Court, all
				  communications to the Court from counsel or from a party, if unrepresented, are
				  to be addressed to the Prothonotary's office with copies to all other counsel
				  and unrepresented parties.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.12 - Suspension of Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever exceptional or emergency conditions require speedy
				  action, or whenever there is other good cause for special action regarding any
				  matter, the operation of these procedures may be suspended by affirmative vote
				  of a majority of the Court.
The Chief Justice may alter any applicable time limit in
				  extraordinary circumstances (e.g., when the Court lacks a full complement of
				  members), or on written request by a Justice stating good cause for the
				  extension and the date by which he or she expects to comply.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 63 - INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT › Section 63.13 - Temporary Judicial Assignments to the Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Where a quorum of the Court cannot be
				assembled to transact the business of the Court, or where extraordinary
				circumstances warrant appointment of additional Justices, the Chief Justice or
				senior participating Justice may request temporary judicial assignment(s) to
				the Court as set forth below.
(B) A
				request for one or more temporary judicial assignments shall be made in
				accordance with the affirmative vote of a majority of the Justices voting on
				that question.
(C) The Court
				Administrator will select the requested number of temporary judges by random
				drawing from a pool of all commissioned judges of the Superior Court, or the
				Commonwealth Court, or both, excluding any judges who previously participated
				in the matter(s) to be considered by the Court. In the event a judge so
				selected is unable to serve, the Court Administrator shall select another
				temporary judge from the pool by random drawing. The Court Administrator will
				submit the selected names to the Chief Justice or senior participating Justice
				for appointment to the Court.
(D)
				This Section supplants Rule of Judicial Administration 701(C)(1) and (2)
				relative to temporary judicial assignments to the Supreme Court. The balance of
				the Rules of Judicial Administration continue to pertain, to the extent
				otherwise applicable.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.0 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
These operating procedures are intended to implement
					 Article V of the Constitution of Pennsylvania, statutory provisions, the
					 Pennsylvania Rules of Appellate Procedure and the customs and traditions of
					 this Court. No substantive or procedural rights are created, nor are any such
					 rights diminished.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.1 - Executive Administrator

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge may appoint an Executive Administrator
					 who shall be the administrative officer of the Superior Court and who shall
					 report directly to the President Judge. The Executive Administrator shall carry
					 out assignments necessary to the efficient operation of the court
					 including:
1. analyzing administrative
				  operations;
2. conducting
				  independent research;
3. preparing
				  the budget and providing for expenditure control, financial accounting,
				  procurement of supplies, facilities management, and
				  telecommunications.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.2 - Prothonotary

Current through Register Vol. 54, No. 28, July 13, 2024
A. The Prothonotary
				  is an officer of the Superior Court who is charged with the clerical duties and
				  responsibilities of the business of the Court. The duties and responsibilities
				  of the Prothonotary include but are not limited to:
1. keeping the records and seal of the
				  Court;
2. issuing, processing, and
				  entering judgments and orders at the direction of the Court;
3. certifying copies from the records of the
				  Court;
4. scheduling all hearings
				  and arguments before the Court, preparing the calendar, and coordinating
				  judicial schedules;
5. supervising
				  the collection of all fees collected by the Court and ensuring the proper
				  receipt and distribution of such fees; overseeing the preparation of the
				  Court's official record of proceedings, attesting to their accuracy, and
				  providing for distribution;
6.
				  promptly securing all records wherein appeals have been filed and, where
				  provided by Rule of Appellate Procedure, dismissing an appeal for failure to
				  comply with the Rules or Order of the Court;
7. prepare the daily judgment lists for the
				  Reporter to post pursuant to O.P. 65.3.B; and
8. any other such duties as required by the
				  Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.3 - Reporter

Current through Register Vol. 54, No. 28, July 13, 2024
A. The Reporter
				  shall be a member of the administrative staff of the Court whose duties and
				  responsibilities include:
1. maintaining
				  accurate journals and recording the votes and miscellaneous correspondence on
				  all opinions, memoranda, and petitions for reargument for each case before the
				  Court;
2. preparing statistical
				  reports, in cooperation with the legal systems coordinator, which shall
				  indicate the number of decisions rendered each year by the Court;
3. compiling assignment lists and records of
				  the case assignments of the judges;
4. maintaining a record of all panels and
				  compiling paperbooks which shall be kept until cases have been reported to the
				  printer;
5. preparing and
				  preserving for a reasonable period of time correspondence to and from the
				  Superior Court printer; and
6.
				  preparing a digest to inform the Court of recent Supreme Court and
en
				  banc
Superior Court decisions.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.4 - Court Crier

Current through Register Vol. 54, No. 28, July 13, 2024
A. Court Criers
				  shall be responsible for courtroom operations including:
1. opening and adjourning the Court and
				  maintaining order in the courtroom;
2. assembling and making proper distribution
				  of case briefs and records;
3.
				  preparing the journals of the Court and of the Prothonotary;
4. maintaining a list of the Cases Book,
				  which shall contain the date of argument or hearing, the judges present, and
				  the names of counsel for the parties;
5. coordinating security in the
				  courtroom;
6. performing related
				  work as required by the Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.5 - Panels

Current through Register Vol. 54, No. 28, July 13, 2024
A. Except as
				  otherwise provided by these rules, all appeals, whether argued or submitted,
				  shall be assigned to and decided by panels consisting of three judges. A panel
				  may make any order or render any judgment therein. Every such order made or
				  judgment rendered by a panel shall be made and given effect as an order or
				  judgment of the Court and shall be so entered by the clerk.
B. The President Judge shall appoint the
				  panels, assign cases to the panels, and designate the time, date, and place in
				  which the panels shall sit.
C.
1. After the Prothonotary has listed the
				  cases for an argument panel, but before the actual argument of the cases:
(a) if a member of a panel becomes unable to
				  participate in the disposition of a particular case, the presiding judge of
				  that panel shall notify the President Judge or his/her designee, and the
				  President Judge or his/her designee shall secure another judge to sit on that
				  case;
(b) if a member of a panel
				  becomes unable to participate in a particular panel, the President Judge or
				  his/her designee shall designate and assign another judge to sit on the
				  panel.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.6 - Courts en banc

Current through Register Vol. 54, No. 28, July 13, 2024
A. A Court en
				  banc shall consist of not more than nine commissioned judges of the Superior
				  Court.
B. The President Judge shall
				  assign the judges to each en banc panel and shall designate the location, the
				  time, and the date of each session. The presiding judge of a Court en banc
				  shall be the commissioned judge highest in seniority, except where the Court en
				  banc includes the President Judge, who shall then preside.
C. At the conclusion of each en banc session,
				  the presiding judge shall forward to all judges, the Prothonotary, the Chief
				  Staff Attorney, the administrative assistant to the President Judge, and the
				  Reporter a record of all assignments and other action taken during the
				  session.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.7 - Central Legal Staff

Current through Register Vol. 54, No. 28, July 13, 2024
Central Legal Staff is an office of the Court created for
					 the purpose of assisting the Court in:
1. reviewing and processing
				  motions;
2. preparing memos for the
				  Court as directed;
3. screening
				  cases;
4. reviewing proposed
				  decisions to advise the Court of apparent conflicts or of conflict-clearance;
				  and
5. accepting such other
				  responsibilities as may be assigned by the Court or the President
				  Judge.