reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.8 - Composition of Staff

Current through Register Vol. 54, No. 28, July 13, 2024
A. The Central
				  Legal Staff is comprised of members of the Bar of the Commonwealth of
				  Pennsylvania and serves the interests of the Court as a whole and assists the
				  Judges in procedural and substantive matters under the direction of the
				  President Judge.
B. The staff is
				  supervised by the Chief Staff Attorney. The Chief Staff Attorney shall prepare
				  and make available to the members of the Court written Internal Operating
				  Procedures for all aspects of Central Legal Staff's operations.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.9 - Confidentiality Considerations

Current through Register Vol. 54, No. 28, July 13, 2024
A member of staff owes a duty of confidentiality to the
					 judges of the Superior Court. This duty extends to matters concerning any
					 opinions, statements, or events with respect to the decision-making process of
					 the Court. A staff member should avoid even informal contact with attorneys or
					 litigants with respect to a matter pending before the Court. An attorney should
					 refrain from discussions outside the Court, public or private, regarding the
					 merits of pending proceedings. Matters involving the decision-making process
					 are inappropriate for discussion outside the Court, including but not limited
					 to the assignment of a case to a particular judge, the motions assignment
					 judge, or the identity of the judge who may have signed an order in a case per
					 curiam.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.10 - Disqualification Considerations

Current through Register Vol. 54, No. 28, July 13, 2024
A member of staff shall disqualify himself or herself in a
					 proceeding in which his or her impartiality might reasonably be
					 questioned.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.11 - Practice of Law

Current through Register Vol. 54, No. 28, July 13, 2024
Staff attorneys must be members of the Bar of the
					 Commonwealth of Pennsylvania; however, they may not engage in the practice of
					 law outside the Court. The prohibited practice of law, for the purpose of this
					 rule, includes the acceptance of appointment to, or participation in the
					 deliberations of, arbitration panels appointed pursuant to
					 42 Pa.C.S. §§
											7361-7362.
					 This prohibition, however, does not extend to the limited representation of
					 relatives who may be in need of legal assistance.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.12 - Initial Review of Docketing Statements

Current through Register Vol. 54, No. 28, July 13, 2024
Central Legal Staff is responsible for the screening of
					 docketing statements filed pursuant to Pa.R.A.P. 3517. These statements are to
					 be initially screened to determine if the appeal is jurisdictionally or
					 procedurally defective. Failure to file a timely docketing statement may result
					 in dismissal of the appeal. However, no appeal shall be subject to being
					 quashed or dismissed on the basis of review of the completed docketing
					 statement alone; rather, if a potential defect is identified, a
					 rule-to-show-cause order shall issue to the appellant as to why the appeal
					 should not be quashed or dismissed . Following notification to counsel, the
					 appeal is subject to being quashed or dismissed by the assigned monthly motions
					 judge.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › ADMINISTRATIVE OFFICES AND STAFF › Section 65.14 - Children's Fast Track and Other Family Fast Track Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
A. In accordance with Pa.R.A.P. 102, revised
				  in 2009, and in accordance with a program first established in this court in
				  2000, the court shall expedite handling of appeals involving parent-child
				  relationships as follows:
1. Children's Fast
				  Track: All cases involving dependency, termination of parental rights,
				  adoption, custody, or paternity shall be designated as Children's Fast Track in
				  the Superior Court.
2. Other Family
				  Fast Track: Central Legal Staff in its discretion may expedite other appeals
				  involving the parent-child relationship. Such cases shall be designated "Other
				  Family Fast Track."
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › MOTIONS PRACTICE › Section 65.21 - Motions Review Subject to Single Judge Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
A. Except as
				  otherwise provided in §
										65.22, a single judge of this Court, whether
				  commissioned or specially assigned, may entertain and may grant or deny any request
				  for relief which under the Rules of Appellate Procedure may properly be sought. A
				  party may file an answer to an application, Pa.R.A.P. 123(b); a speaking application
				  shall be verified unless the interest of justice requires action without it,
				  Pa.R.A.P. 123(c); oral argument will not be permitted unless otherwise ordered by
				  the Court, Pa.R.A.P. 123(d). The action of a single judge may be reviewed by the
				  Court.
Comment
:
Section 65. 21(A) merely reaffirms the procedure codified in
					 Pa.R.A.P. 123. A single judge may grant or deny relief requested by a proper
					 application, Pa.R.A.P. 123(e). However, the Court may by order or rule provide that
					 an application or class of applications must be acted upon by the Court.
B. All petitions for extension of time
				  shall be referred by the Prothonotary to the motions judge. Such petitions should be
				  acted upon as soon as possible unless the motion judge feels an answer is necessary.
1. Petitions for extension shall be granted only
				  on cause shown and in any event the filing of the brief is required, particularly in
				  criminal cases, even though the right to argue is lost. However, if the petition for
				  extension is accompanied by a substantive motion, such as a motion to quash, remand,
				  or withdraw, Central Legal Staff shall review the motion in an expeditious manner
				  pursuant to the procedures set forth in Section 65.21(D).
2. Notwithstanding any contrary procedures set
				  forth above, all petitions for extension of time to file a brief in cases designated
				  Children's Fast Track or Other Family Fast Track, upon receipt by the Prothonotary,
				  shall be sent to Central Legal Staff for processing. All such petitions shall be
				  presented to a motions judge for disposition within three days of receipt of the
				  petition by Central Legal Staff. Petitions for extension of time to file a brief in
				  Children's Fast Track or Other Family Fast Track cases shall be granted only upon a
				  showing of good cause and extraordinary circumstances. Extensions for time should
				  rarely be granted, and when granted should rarely be for a period in excess of seven
				  days.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › MOTIONS PRACTICE › Section 65.22 - Motions Review Subject to Motions Panel Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
A. Motions to Quash or Dismiss Appeals,
				  Petitions for Permission to Appeal pursuant to Pa.R.A.P. 312, 1301-1323 and
				  42 Pa.C.S. §
											702(b), and Petitions for
				  Review pursuant to Pa.R.A.P. 1501 et seq. shall be subject to review and
				  disposition by a panel of three judges.
B. After a motion subject to this Rule has
				  been filed with the Prothonotary's office, the Prothonotary shall forward the
				  motion to Central Legal Staff which shall prepare and circulate to the motions
				  panel a legal memorandum and recommendation.
1. Votes thereon shall be due three weeks
				  from the date on which the motion and accompanying documents are sent by
				  Central Legal Staff, unless the case has been designated Children's Fast Track
				  or Other Family Fast Track.
2.
				  Votes on cases which have been identified as Children's Fast Track or Other
				  Family Fast Track shall be due two weeks from the date on which the motion and
				  accompanying documents are sent by Central Legal Staff.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › MOTIONS PRACTICE › Section 65.23 - Discontinuances

Current through Register Vol. 54, No. 28, July 13, 2024
A. Discontinuances
				  shall be reviewed pursuant to Pa.R.A.P. 1973.
B. Fugitive appeals will be quashed rather
				  than discontinued on motion of the District Attorney or sua sponte by the
				  Court. See Pa.R.A.P. 1972(6),
Commonwealth v. Passaro
, 504 Pa.
				  611, 476 A.2d 346 (1984).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › MOTIONS PRACTICE › Section 65.24 - Hybrid Representation

Current through Register Vol. 54, No. 28, July 13, 2024
Where a litigant is represented by an attorney before the
					 Court and the litigant submits for filing a petition, motion, brief or other
					 type of pleading in the matter, it shall not be accepted for filing, but noted
					 on the docket and forwarded to counsel of record.
Exceptions:
1. A
				  pro se notice of appeal received from the trial court shall be docketed, even
				  in instances where the pro se was represented by counsel in the trial
				  court.
2. A motion by the pro se
				  for appointment of new counsel, for reasons such as abandonment by counsel, or
				  to proceed pro se shall be docketed and referred to Central Legal Staff, or the
				  merits panel if constituted, for review and further action by the
				  Court.
3. A pro se brief or writing
				  filed in response to counsel's petition to withdraw from
				  representation.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › MOTIONS PRACTICE › Section 65.25 - Assignment of Judges to Motions Duty

Current through Register Vol. 54, No. 28, July 13, 2024
A. The President Judge shall be responsible
				  for assigning the Commissioned, Senior and specially assigned Judges of the
				  Court to Motions Duty in the Western, Middle and Eastern Districts. All motions
				  shall be presented to the judge assigned motions duty unless otherwise provided
				  in these Rules or in exigent circumstances.
B. The President Judge shall set the motions
				  panel. Each motions panel shall consist of three judges and shall serve for a
				  period of two months. During each two-month period, the motions panel shall
				  consider all Section
				  65.22 motions ready for
				  disposition during the two-month period.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › MOTIONS PRACTICE › Section 65.26 - Notices of Bankruptcy

Current through Register Vol. 54, No. 28, July 13, 2024
A party that has initiated bankruptcy proceedings and has
					 obtained an automatic stay pursuant to the United States Bankruptcy Code shall
					 file a Notice of Bankruptcy with the Prothonotary of this Court. The Notice
					 must include:
(1) the federal court
				  that entered the stay, including the court's district, if applicable;
(2) the federal court case number;
(3) the date of entry of the automatic stay;
				  and
(4)  the Superior Court docket
				  number. The party shall also include federal filings relevant to the stay
				  including, but not limited to, the Notice of Bankruptcy Case Filing issued by
				  the federal court. The parties shall provide written updates to the Court every
				  six months as to the status of the bankruptcy proceedings.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.31 - Argument Sessions and Submit Panels

Current through Register Vol. 54, No. 28, July 13, 2024
A. Argument sessions shall be held in the
				  cities of Harrisburg, Philadelphia, and Pittsburgh. Special argument sessions
				  may be scheduled in other locations by decision of the President Judge.
				  Argument sessions shall begin at 9:30 a.m. unless otherwise
				  designated.
B. Submit panels shall
				  be governed by § 65.36.
C. The
				  Prothonotary shall give Children's Fast Track and Other Family Fast Track cases
				  priority in listing before argued and submit panels, and may schedule special
				  sessions of the court at any time that the unlisted and eligible number of
				  Children's Fast Track plus Other Family Fast Track cases which cannot be listed
				  before a scheduled argued or submitted panel within thirty days exceeds six in
				  any district.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.32 - Daily List

Current through Register Vol. 54, No. 28, July 13, 2024
A. The
				  Prothonotary shall periodically prepare daily lists of cases for assignment to
				  specific panels of the Court from those cases which are ready for oral
				  argument.
B. A case shall be ready
				  and available for assignment to a daily list on the date on which the
				  appellee's brief is due, regardless of whether the brief has been filed, unless
				  the case has been designated Children's Fast Track or Other Family Fast Track.
				  Cases designated as Children's Fast Track or Other Family Fast Track shall be
				  eligible for listing before an argument panel at the time that the brief for
				  the appellant is filed.
C. The daily
				  list for each panel shall include cases filed in the district in which the
				  panel is scheduled to sit. Ordinarily, cases will be assigned only to a daily
				  list for an argument session which is to be held in the district in which the
				  appeal was filed. The Court, on motion of a party for good cause shown, or on
				  its own motion, may assign cases to a daily list for a panel sitting in a
				  district other than the one in which the appeal was filed.
D. As soon as practical after a case has been
				  assigned to a daily list, the Prothonotary shall notify the parties of the
				  date, time, and location of the argument. Ready cases shall be assigned to a
				  daily list four to six weeks before the scheduled argument date, except in
				  exceptional circumstances upon request of the parties for cause shown and
				  except for expedited matters which may be assigned to a daily list until one
				  (1) week before the argument date.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.33 - Reading of Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
Counsel should prepare for oral argument in a manner
					 consistent with the policy of the Court that judges participating in a panel or
					 en banc argument have read the briefs in advance of oral
					 argument.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.34 - Oral Argument

Current through Register Vol. 54, No. 28, July 13, 2024
A. Except
				  in unusual circumstances, oral argument shall not exceed a total of fifteen
				  (15) minutes for appellant and a total of fifteen (15) minutes for appellee.
				  Where there are two or more appeals from the same order raising different or
				  unrelated issues and in joint appeals, counsel addressing the court for each
				  side shall be allowed ten (10) minutes to present argument. The total time
				  allowed any side shall not exceed thirty (30) minutes. At the discretion of the
				  presiding judge, the amount of time for argument may be increased or
				  decreased.
B. Counsel filing briefs
				  late shall not be permitted to argue but shall be available to answer any
				  questions the Court may ask.
C.
				  Counsel may use exhibits and graphic aids during argument. Copies of all such
				  exhibits must be appended to the presenting party's brief in compliance with
				  the requirements of Pa.R.A.P. 2134. Arrangements must be made by counsel with
				  the Court Crier prior to argument for use of a blackboard or easel.
D. Pro se arguments, except from parties then
				  incarcerated, shall be heard in the same manner and on the same basis as
				  arguments of counsel.
E. The use of
				  laptops, tablets, and phones by attendees at argument sessions, in a
				  non-disruptive manner, is permitted in the courtroom,
except
that they are disallowed for oral communication, photography, or audio- or
				  video-recording purposes.
1. The Court does
				  not provide Internet connectivity.
2. All electronic devices must be on a silent
				  or vibrate mode.
3. Parties
				  presenting oral argument may, without seeking permission of the panel, utilize
				  laptops, tablets, or phones for data, reading, and reference purposes only, so
				  long as usage of the device will not be disruptive to the oral
				  argument.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.35 - Oral Motions

Current through Register Vol. 54, No. 28, July 13, 2024
A. Oral
				  motions raising again an issue previously denied without prejudice must first
				  be re-raised, in writing by refiling the original motion or preserving the
				  issue in the written brief, before the scheduled argument date.
B. When oral motions are considered by the
				  Court at oral argument, or when the Court issues an order sua sponte at oral
				  argument, the presiding judge shall inform the Deputy Prothonotary and shall
				  convey to him/her the substance of an appropriate order. The Deputy
				  Prothonotary will then direct the preparation and docketing of the
				  corresponding written order.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.36 - Submitted Cases

Current through Register Vol. 54, No. 28, July 13, 2024
A. All
				  post-conviction hearing cases shall be submitted on the briefs and record
				  unless otherwise directed by the Court upon its own motion or upon application
				  of a party.
B. On a weekly basis,
				  the Prothonotary shall assign to the next available submit panel cases filed in
				  all three districts which are to be submitted and which are ready to be
				  assigned. A case is ready to be assigned to a submit panel as of the date that
				  appellee's brief is due, regardless of whether the brief has been filed. As
				  submitted cases are assigned to a panel, the briefs and reproduced records
				  shall be sent to the panel. At the same time as the panel receives notification
				  of assignment of a case, the parties shall receive notice that the case has
				  been submitted for consideration on the briefs.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.37 - Non-Precedential Decisions

Current through Register Vol. 54, No. 28, July 13, 2024
A. For
				  purposes of these operating procedures, "non-precedential decision" refers to
				  an unpublished, non-precedential, memorandum decision of the Superior Court
				  filed after May 1, 2019. All references to a memorandum decision filed after
				  May 1, 2019, within these operating procedures shall be analogous to
				  "non-precedential decision" for purposes of Pa.R.A.P. 126(b).
B. Non-precedential decisions filed after May
				  1, 2019, may be cited for their persuasive value, pursuant to Pa.R.A.P. 126(b).
				  An unpublished memorandum decision filed prior to May 2, 2019, shall not be
				  relied upon or cited by a Court or a party in any other action or proceeding,
				  except that such a memorandum decision may be relied upon or cited (1) when it
				  is relevant under the doctrine of law of the case, res judicata, or collateral
				  estoppel, and (2) when the memorandum is relevant to a criminal action or
				  proceeding because it recites issues raised and reasons for a decision
				  affecting the same defendant in a prior action or proceeding. When an
				  unpublished memorandum filed prior to May 2, 2019, is relied upon pursuant to
				  this rule, a copy of the memorandum must be furnished to the other party and to
				  the Court.
C. 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 II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.38 - Reconsideration, Reargument, and En Banc Review

Current through Register Vol. 54, No. 28, July 13, 2024
A. All applications, motions, or petitions
				  requesting reconsideration of the final decision of a merits panel, shall be
				  recognized as Applications for Reargument pursuant to Pa.R.A.P. 2541
et
				  seq.
, and shall be subject to all the rules and limitations otherwise
				  applicable to Applications for Reargument.
B. All such applications described in
				  subsection A shall first be submitted to the merits panel that issued the
				  decision in question,
i.e.
, the original merits panel, for
				  consideration by that panel.
C. The
				  members of the merits panel may vote to grant panel reconsideration, grant en
				  banc reargument, or deny any such application.
1. If the merits panel recommends en banc
				  reargument, Central Legal Staff shall circulate the application, motion, or
				  petition, along with any relevant filings, original decision(s), and/or
				  summaries, to the commissioned judges for votes.
2. If a majority of the merits panel does not
				  vote to grant reconsideration, Central Legal Staff shall forward all relevant
				  reconsideration submissions to the commissioned judges as an Application for
				  Reargument before a court en banc.
3. A party's request that the case be
				  reargued before a court en banc shall not foreclose a merits panel's ability to
				  reconsider the decision that prompted the underlying
				  application.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.41 - Argument Before a Court En Banc

Current through Register Vol. 54, No. 28, July 13, 2024
A. When argument before
				  a Court En Banc is granted, any merits panel decision is withdrawn pending the
				  decision of the Court En Banc and the order shall direct the Prothonotary to
				  schedule such argument at the next available session. The judges to hear argument
				  shall be selected by the President Judge. The presiding judge shall be the
				  commissioned judge highest in seniority except when the Court En Banc includes the
				  President Judge, who shall then be the presiding judge.
B. Where en banc argument is limited to one or
				  more but less than all issues raised by an appellant, counsel shall be notified
				  regarding the particular issues on which the Court En Banc desires to hear argument.
				  The parties- briefs, however, shall address all of the issues raised on
				  appeal.
C. Before or after argument
				  before the Court En Banc, the Court may vote that en banc consideration was
				  improvidently granted. In such event, the previous panel decision in the matter
				  shall be reinstated or, if there is no previous panel decision in the matter, the
				  case shall be listed before the next available panel of this Court.
D. The following rule only applies to a motion to
				  discontinue an appeal after the Court has granted reargument before the Court en
				  banc. Pa.R.A.P. 1973 applies to all other motions to discontinue an appeal.
1. While a case is pending disposition by the
				  Court En Banc, a party may file an application to discontinue the appeal and the
				  appeal will be discontinued only if a majority of the Commissioned Judges vote to
				  grant the application to discontinue the appeal.
2. If a party files a praecipe to discontinue the
				  appeal, the Court shall treat the praecipe as an application to discontinue the
				  appeal and it will be subject to vote by the commissioned judges of the
				  Court.
3. If the commissioned judges
				  vote to discontinue the appeal, the Court shall discontinue the appeal and reinstate
				  the merits panel's opinion or memorandum opinion.
4. In the event that a party seeks to remove en
				  banc status and reinstate a panel's decision, such request must be made by motion
				  and is subject to full court review.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.42 - Circulation and Voting in Children's Fast Track and Other Family Fast Track Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding any contrary procedures set forth above,
					 panels shall give priority in both circulation of and voting on proposed
					 decisions, first in Children's Fast Track cases, and then in Other Family Fast
					 Track cases.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › DECISIONAL PROCEDURES › Section 65.44 - Confidentiality Issues

Current through Register Vol. 54, No. 28, July 13, 2024
The names of the parties in a caption for an appeal from a
					 divorce, equitable distribution, custody, visitation or child support decision
					 shall include the full names of the parties if listed as such in the caption of
					 the trial court's docket. The Court, however, in a custody action upon
					 application of a party and for cause shown, in its discretion may order that
					 the names of the parties listed in the caption be initialized if the Court
					 determines that a child may be identified from the full names of the parties in
					 the caption, pursuant to Pa.R.A.P. 904(b)(2). This rule applies only to the
					 names in the caption and does not apply to the text of a circulation or order
					 of the Court. In such documents, the name of the child shall be initialized or
					 the document shall refer to the child as "Child."
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 65 - OPERATING PROCEDURES OF THE SUPERIOR COURT › WIRETAPS › Section 65.51 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
The procedures for proceedings pursuant to the Wiretapping
					 and Electronic Surveillance Control Act formerly found at this location are now
					 located in Chapter 35 of the Pennsylvania Rules of Appellate
					 Procedure.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.101 - Classification of Judges; Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
For the purpose of these Internal Operating Procedures, the
					 following terms shall have the meanings indicated:
"Assigned Judge" means a judge of the Commonwealth who has
					 been assigned to serve this Court.
"Commissioned Judge" means a judge serving as a member of
					 this Court by gubernatorial appointment or, pursuant to election, during an
					 elective term as a member of this Court.
"Duty Judge" means the Judge currently designated for
					 service by the duty roster established under § 69.121.
"Judge" shall include (1) each Commissioned Judge (2) each
					 Senior Judge and Assigned Judge with respect to matters on which the Senior
					 Judge or Assigned Judge has been designated to sit, and (3) each Assigned Judge
					 with respect to designation as a Duty Judge.
"Mediation Judge" means a Judge of the Court, assigned on a
					 periodic basis by the President Judge to conduct mediations under § 69.501
					 (Mediation).
"Senior Judge" means a Judge, formerly elected as a member
					 of this Court or another court of the Commonwealth, who has retired and is
					 designated to sit as a Senior Judge on panels of this Court, whether or not
					 also designated to serve as a Duty Judge.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.102 - Court Officers; Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
"Chief Legal Counsel" means the officer appointed by this
					 Court to provide legal support and counsel to the Court and to manage the
					 Office of Chief Legal Counsel, as described in Pa.R.A.P. 3702.1.
"Prothonotary" means the officer appointed by this Court in
					 accordance with Pa.R.A.P. 3111 to administer the clerical duties and
					 responsibilities of the business of the Court as described in Pa.R.A.P. 3702.
					 This includes overseeing the receipt, docketing, and maintenance of all
					 documents filed with the Court, the scheduling of the Court's argument
					 sessions, and the maintenance of caseload inventory and
					 statistics.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.111 - Courts En Banc and Panels; Number of Judges Assigned

Current through Register Vol. 54, No. 28, July 13, 2024
An en banc Court shall consist of no more than seven
					 Commissioned Judges. Panels of the Court shall consist of three Judges, except
					 in the circumstance of a two-member panel in accordance with Pa.R.A.P.
					 3102(b).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.112 - Courts En Banc and Panels; Composition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The President Judge shall structure the
				  judicial membership of en banc Courts and panels to provide for rotation of
				  Judges. Before the day of argument, Court personnel shall not identify the
				  judicial membership of en banc Courts and of panels to any other
				  persons.
(b) The President Judge
				  may designate Judges to serve on a special court en banc or panel to hear
				  election law matters, appellate or original jurisdiction, on an expedited
				  basis.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.121 - Duty Rosters; Establishment

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge shall annually establish a duty roster,
					 which shall, on a weekly basis, provide for the assignment to each Judge, when
					 designated as Duty Judge by the duty roster, all matters required by law or
					 deemed necessary by the President Judge for evidentiary hearing, oral argument
					 or disposition on briefs or otherwise. The duty roster normally shall exclude
					 weeks during which regular argument sessions of the Court are scheduled. Court
					 personnel shall not identify any designated Duty Judge, in advance of sitting,
					 to any other person.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.122 - Location of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
All evidentiary hearings and arguments assigned to a Judge
					 shall be conducted at the seat of the Court in Harrisburg unless ordered to be
					 heard elsewhere or by a method specified under §
										69.124.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.123 - Duty Rosters; Availability

Current through Register Vol. 54, No. 28, July 13, 2024
Each Duty Judge shall be present in Harrisburg or otherwise
					 available from 8:00 a.m. on the Monday commencing the Duty Judge's duty week
					 and remain available until 7:59 a.m. on the following Monday and shall make the
					 Prothonotary and Chief Legal Counsel aware of where the Duty Judge can be
					 reached when not at the Pennsylvania Judicial Center during regular hours. The
					 Duty Judge shall be in charge of making administrative decisions when the
					 President Judge is not available by telephone communication, but the President
					 Judge shall be consulted if major decision making is
					 required.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.124 - Video or Teleconference Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A Judge may conduct a proceeding by use of video or
					 telephone conference pursuant to an order fixing the argument date and the
					 time.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.125 - Case Assignments

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge may assign a matter within the Court's
					 original jurisdiction to a particular Judge. Any Judge so assigned (a) may be
					 relieved of other responsibilities during the pretrial, trial and decision
					 processes, and (b) shall be responsible for the management of the case by such
					 authorized procedures as the Judge shall elect to apply, including a pretrial
					 order under §
										69.313.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › ORGANIZATION AND ASSIGNMENT OF JUDGES › Section 69.126 - Emergency Applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  emergency application is defined as an application filed during non-business
				  hours, including holidays and weekends. Filing of emergency applications
				  outside of normal business hours will be allowed only when both of the
				  following conditions are present:
(1) The
				  application will be moot unless a ruling is obtained prior to noon of the next
				  business day; and
(2) The
				  application is being filed within two business days of the filing of the order
				  sought to be reviewed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.201 - Permission to Appeal; Interlocutory Orders

Current through Register Vol. 54, No. 28, July 13, 2024
The Chief Legal Counsel shall present each petition for
					 permission to appeal, together with opposing briefs and any recommendation, to
					 the Duty Judge for appropriate action. In the absence of a recommendation by
					 the Chief Legal Counsel, the disposition of such petitions shall follow the
					 procedure for petitions for reargument, stated in §
										69.291.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.211 - Petition for Review; Clarification

Current through Register Vol. 54, No. 28, July 13, 2024
When the Prothonotary receives a written communication that
					 evidences an intention to appeal an adjudication of a state administrative
					 agency but does not conform to the rules for an appellate petition for review,
					 the Prothonotary shall time-stamp the written communication with the date of
					 receipt. The Prothonotary shall advise the party by letter (1) of the
					 procedures necessary to perfect the appeal and (2) that the date of receipt of
					 the communication will be preserved as the date of filing of the appeal if that
					 party files a fully conforming petition for review within 30 days of the date
					 of the Prothonotary's letter. If the party fails to file a fully conforming
					 petition for review within that period, the Prothonotary shall advise the party
					 by letter that the Court will take no further action in the
					 matter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.221 - Preargument Matters; Applications, Motions and Petitions

Current through Register Vol. 54, No. 28, July 13, 2024
The Prothonotary shall promptly, after filing, submit
					 preargument applications, motions and petitions requiring consideration by a
					 Judge to the Chief Legal Counsel. The Chief Legal Counsel shall daily confer
					 with the President Judge or the Duty Judge on such matters, who shall act by
					 order granting or denying the relief or remedy sought, directing the matter to
					 be decided on submitted briefs, or listing the matter for argument before, or
					 in conjunction with, argument on the merits of the appeal. Applications for
					 extensions of time and/or continuances shall be acted upon as soon as
					 practicable unless the Judge determines an answer is necessary, in which case
					 the Court may order an expedited answer.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.222 - Preargument Matters; Arguments and Evidentiary Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
If an application pending appeal merits or requires an
					 evidentiary hearing or argument, the President Judge or the Duty Judge shall
					 list the matter for hearing or argument at the earliest opportunity consistent
					 with appropriate notice and any applicable statutory provisions or procedural
					 rules, for disposition consistent with the procedure governing matters within
					 the original jurisdiction of the Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.231 - Briefs; Advance Reading

Current through Register Vol. 54, No. 28, July 13, 2024
Briefs timely filed as to cases to be heard by the Court at
					 its regular argument sessions are read in advance of oral argument by the
					 Judges participating in an en banc session as to cases so listed, and by the
					 Judges participating in a panel session as to cases listed before the panel to
					 which a Judge is assigned. Counsel should prepare for oral argument consistent
					 with the practice of this Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.232 - Briefs; Submission of Cases on Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
Where cases are to be submitted for decision upon the
					 briefs without oral argument, either by determination of the Court or by leave
					 to do so at the request of one or more of the parties, the Prothonotary shall
					 so designate them if they appear upon argument lists. Apart from argument
					 lists, the President Judge shall appoint additional panels, designated as
					 "Submission Panels," for the disposition of cases thus
					 submitted.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.241 - Arguments; Sessions

Current through Register Vol. 54, No. 28, July 13, 2024
Argument sessions of the Court shall be annually fixed by
					 order of the Court, the particular days to be devoted to en banc and panel
					 sessions, or combinations thereof, to be determined by the President Judge. The
					 President Judge shall allocate cases to be heard by panels or by the Court en
					 banc, except as otherwise directed by the Court as to particular
					 cases.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.242 - Arguments; Preparation of Lists

Current through Register Vol. 54, No. 28, July 13, 2024
To aid the President Judge in the allocation of cases to be
					 heard by the Court en banc or by panels, the Prothonotary shall submit an
					 analysis of the procedural posture and issues raised in each case ready for
					 argument. The Chief Legal Counsel shall review the list of cases, and present
					 to the President Judge recommendations as to cases on the list to be heard by
					 the Court en banc or by a panel. The President Judge shall review the proposed
					 argument list and make any changes deemed necessary. As approved or as modified
					 by the President Judge, the Prothonotary shall proceed to publish the argument
					 list and give notice to litigants. The argument list as published shall
					 disclose a day certain for argument of each case listed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.243 - Arguments; Number of Cases

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge and the Prothonotary shall determine
					 the number of cases to be listed at a regular argument session before the Court
					 en banc and before panels, on the basis of expediting the disposition of cases
					 ready for argument, to the maximum extent feasible.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.244 - Arguments; Time Allowed

Current through Register Vol. 54, No. 28, July 13, 2024
As a general rule, the presiding Judge normally shall allow
					 the parties on each side, including intervening parties, fifteen (15) minutes
					 for argument in cases before the Court en banc and seven and one-half (7 1/2)
					 to ten (10) minutes in cases before panels. Exercising discretion, the
					 presiding Judge may nevertheless limit any argument to a shorter period
					 pursuant to Pa.R.A.P. 2315(a) or may allow additional time.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part II - INTERNAL OPERATING PROCEDURES › Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA › APPELLATE JURISDICTION › Section 69.251 - Decisions; Conferences and Assignments of Draft Opinions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After argument sessions and consideration
				  of argued and submitted cases in a conference of the Judges comprising the
				  respective Court en banc or panel, the presiding Judge shall assign each case
				  to a Judge who represents the expressed majority view at the conference, for
				  the preparation of the opinion of the Court.
(b) The opinion-writing Judge shall proceed
				  to prepare a draft opinion in accordance with the decision of the Court en banc
				  or of the panel or expressing any different views which the Judge may reach
				  after subsequent study of the case, designated as an "Opinion" or "Memorandum
				  Opinion" in accordance with §
										69.413 below. The draft opinion
				  shall ordinarily be one to be signed by the writer when final, but in
				  appropriate cases it may be a briefer opinion recommended by the writer to be
				  handed down per curiam. Except in the case of adoption of the reasoning in the
				  opinion of the trial court, or where the appeal is meritless, the opinion shall
				  state, at least summarily, the nature of the case, the principal question or
				  questions involved, the holding of the court or agency below and the rationale
				  of this Court's decision.