Title 210 Pa. Code — Appellate Procedure

Part II INTERNAL OPERATING PROCEDURES

Chapter 63 INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT

210 Pa. Code § 63.1 Introduction.

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.

The provisions of this § 63.1 amended January 9, 2013, effective in 30 days, 43 Pa.B. 514. Immediately preceding text appears at serial page (358471).

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.2 Preamble.

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:

The provisions of this § 63.2 amended January 9, 2013, effective in 30 days, 43 Pa.B. 514. Immediately preceding text appears at serial page (358471).

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.3 Decisional Procedures: Argued and Submitted Cases.

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.

B. Submitted Cases.

When the Court has determined, either upon motion of the parties in advance of oral argument or sua sponte, that a case shall be decided on the submitted briefs, the Prothonotary shall direct the case to the Court for disposition upon completion of the briefing schedule or as soon as practicable. PCRA appeals shall be submitted on the briefs unless otherwise directed by the Court on its own motion or upon application, in accordance with Pa.R.A.P. 2311(b).

The Chief Justice will assign submitted cases in a rotation schedule by seniority, except for non-capital direct appeals, which shall be assigned to the Justice who authored the disposition memorandum. Capital PCRA appeals shall be assigned in a separate rotation, to ensure an even distribution of responsibility in those appeals. If it appears that there is an unequal distribution of cases or a delay in deciding cases, the Chief Justice may, as a matter of his or her discretion, alter the assignment order.

C. Per Curiam Orders.

1. A per curiam order may be issued

a. when the Court’s decision:

(1) does not establish a new rule of law;

(2) does not alter, modify, criticize or clarify an existing rule of law;

(3) does not apply an established rule of law to a novel fact situation;

(4) does not constitute the only binding precedent on a particular point of law;

(5) does not involve a legal issue of continuing public interest; or

b. whenever the Court decides such an order is appropriate.

2. A per curiam order reversing an order of the lower court must cite to controlling legal authority or provide a full explanation of the reasons for reversal.

3. In cases involving discretionary appeals, the Court may enter a per curiam order dismissing the appeal as improvidently granted.

4. A Justice may request that a per curiam order record that he or she voted for a different disposition.

5. A per curiam order shall indicate if a Justice did not participate in the consideration or decision of the matter.

6. Reconsideration Applications.

a. Assignment. The Prothonotary shall assign applications for reconsideration to the Justice who authored the per curiam order.

b. Circulation and Disposition. The assigned Justice shall circulate to all members of the Court a recommended disposition within fourteen (14) days of the assignment or within seven (7) days of the date of assignment in Children’s Fast Track appeals.1 A Justice who disagrees with the recommended disposition shall circulate a counter-recommendation within fourteen (14) days of the original recommendation or seven (7) days in Children’s Fast Track appeals. A vote of the majority is required to grant reconsideration. In any case in which reconsideration is denied, a Justice may request that the order record that he or she voted to grant reconsideration. The order shall indicate if a Justice did not participate in the consideration or decision of the matter.

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.4 Opinions.

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 Courtwithin 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.

2. Monthly Vote Lists. Circulating proposed opinions are voted upon each month according to the schedule provided by the Chief Justice for use in that calendar year. Each monthly vote list shall be circulated by the Chief Justice the first Monday of the month, or, if that date is a holiday, on the first Tuesday of the month; the dates to circulate the vote lists may be adjusted. The cases listed shall include all proposed majority opinions, per curiam opinions and dispositive per curiam orders in appeal cases submitted for the Court’s consideration as of ten (10) days prior to the circulation of the vote list. Responsive opinions to majority opinions on a vote list shall be circulated by 5:00 p.m. on the Friday before the vote list is circulated; responsive opinions circulated after that time shall move the case to the next vote list. Responsive opinions to majority opinions not already on a vote list shall be placed on the next available vote list following their circulation to the Court.

3. Entry of Votes. Votes on listed cases shall be entered according to the schedule provided by the Chief Justice. Generally speaking, votes are due on the fifth business day following circulation of the vote list. However, that time frame is adjusted to account for holidays, court sessions and other anticipated conflicts. The vote schedule for the calendar year distributed to the Court by the Chief Justice specifies the vote day for each month. Within two (2) business days following entry of the votes, the Chief Justice will circulate to all Justices a disposition, listing the votes for each case. Within two (2) days after circulation of the disposition, the Chief Justice must be advised of any correction. On the next business day (the fifth business day following the entry of votes) the Chief Justice shall circulate to the Court and to the Prothonotary a confidential list of all cases ready to be filed together with the votes of the Justices. No case will appear on the confidential list unless all votes are recorded. The Prothonotary will docket opinions consistent with the information received.

a. Permissible votes include ‘‘join majority opinion’’; ‘‘join majority opinion/author concurring opinion’’; ‘‘author revised majority opinion’’; ‘‘author concurring opinion’’; ‘‘author revised concurring opinion’’; ‘‘hold for concurring opinion’’; ‘‘join concurring opinion’’; ‘‘author dissenting opinion’’; ‘‘author revised dissenting opinion’’; ‘‘hold for dissenting opinion’’; ‘‘join dissenting opinion’’; ‘‘author concurring/dissenting opinion’’; ‘‘hold for concurring/dissenting opinion’’; ‘‘join concurring/dissenting opinion’’; ‘‘hold for further review’’; ‘‘do not participate’’; or ‘‘other.’’ A Justice may also ‘‘concur in the result’’ or ‘‘dissent without opinion,’’ but these options should not be employed if the vote is dispositive.

b. Telephone Conferences and Administrative Agenda. After receipt of the monthly vote list, any Justice may request that any case be held for telephone conference by making such request in writing or electronically to the Chief Justice with notice to all other Justices. The list will also indicate a date certain on which a telephone conference will be held for any cases so designated. At the request of any Justice, and upon approval by the Chief Justice, cases may be held for discussion to take place at the next scheduled administrative agenda.

c. Holds. Upon entry of any hold vote, the period required for response shall correspond to the time periods allowed for circulation of concurrences and dissents. A Justice may request additional leeway upon circulation of an internal letter explaining the reasons for the delay and estimating the time for completion of the review or responsive opinion. If the review or responsive opinion is not completed by the designated time, additional status information shall be provided every twenty (20) days thereafter, except when the matter has been placed on hold for another pending case; in that event, the matter shall be resolved upon the resolution of the pending case. Once a matter has been voted upon and the time period initially allowed for circulation of concurrences and dissents has passed, holds upon subsequent listings are strongly discouraged. Held opinions are to be resolved expeditiously. In a Children’s Fast Track appeal, in no event shall circulation of a responsive opinion occur beyond thirty (30) days from the date the vote was initially due.

Upon appropriate notice to a ‘‘holding’’ Justice and an opportunity to respond, the Chief Justice in his or her discretion may direct the filing of an opinion with a ‘‘holding’’ Justice noted as not participating in the decision of the matter, dissenting without opinion, concurring in the result, or with an opinion to follow, as the case may be. In Children’s Fast Track appeals, if, within thirty (30) days of the date votes are due on majority opinions no dissent or concurrence has been placed in circulation, the case will be filed, and the dissenting or concurring Justice will be noted as not having participated in the decision of the matter.

d. Reassignment. When a concurrence or dissent garners a majority of votes, the author of the proposed majority opinion may withdraw the opinion to revise to accommodate the new majority, or the case shall be reassigned to the author of the concurrence or dissent. Upon reassignment, and absent extraordinary circumstances, the new majority opinion shall be circulated within thirty (30) days in single-issue cases and serial capital PCRA appeals, sixty (60) days in multiple-issue cases, seventy-five (75) days in capital direct appeals, ninety (90) days in first capital PCRA appeals, and, in Children’s Fast Track appeals, within fifteen (15) days.

Notwithstanding any contrary procedures set forth above, Justices shall give priority in both circulation of and voting on proposed opinions in Children’s Fast Track appeals.

B. Labeling of Opinions.

1. Majority Opinion. An opinion will be labeled ‘‘Opinion’’ when a majority joins the rationale and result of the opinion. Majority opinions shall list the composition of the Court hearing the appeal, and shall indicate when a Justice did not participate in the consideration or decision of the matter. Proposed majority opinions that involve multiple, complex issues which the authoring Justice believes may garner disparate votes should be divided into sections. If there is a split in votes in an opinion that has been divided into sections, the authoring Justice will be responsible for preparing a short introductory statement summarizing the resulting votes.

2. Concurrences and Dissents. An opinion is a ‘‘concurring opinion’’ when the Justice agrees with the result of the proposed majority opinion. A Justice who agrees with the result of the proposed majority opinion, but does not agree with the rationale supporting the proposed majority opinion, in whole or in part, may write a separate ‘‘concurring opinion.’’ An opinion is a ‘‘dissenting opinion’’ when the Justice disagrees with the result of the proposed majority opinion.

As a general rule, an opinion is a ‘‘concurring and dissenting opinion’’ when there is more than one issue and the Justice agrees with the majority’s disposition of some but not all issues, and is in disagreement with the mandate. There may be occasions, however, in which a Justice may agree with the outcome but may disagree with a principle enunciated by a majority of the Court which will govern the outcome of other cases. In such instances, Justices are not strictly bound to concur outright; rather, they retain the discretion to label responses as concurring and dissenting.

Alternatively, a Justice may choose to ‘‘concur in the result’’ or ‘‘dissent’’ without writing a separate opinion, although both options are strongly disfavored if the vote is dispositive.

3. Other designations. An opinion shall be designated as the ‘‘Opinion Announcing the Judgment of the Court’’ when it reflects only the mandate, and not the rationale, of a majority of Justices. When the votes are equally divided, any resulting opinions shall be designated as the ‘‘Opinion in Support of Affirmance’’ or ‘‘Opinion in Support of Reversal,’’ as the case may be. In all such opinions, the name of any Justice not participating in the consideration or decision of the matter shall be noted.

C. Reconsideration Applications.

1. Assignment. The Prothonotary shall assign applications for reconsideration to the author of the majority opinion or the opinion announcing the judgment of the Court. If the appeal was resolved by an equally divided Court, the petition shall be assigned to the author of the opinion in support of affirmance.

2. Circulation and Disposition. The assigned Justice shall circulate to all members of the Court a recommended disposition within fourteen (14) days of the assignment or within seven (7) days of the assignment in Children’s Fast Track appeals. A Justice who disagrees with the recommended disposition shall circulate a counter-recommendation within fourteen (14) days of the original recommendation or seven (7) days in Children’s Fast Track appeals. 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.

The provisions of this § 63.4 amended through September 27, 1995; amended April 29, 2005, 35 Pa.B. 2854; amended May 18, 2011, 41 Pa.B. 2837; amended January 9, 2013, effective in 30 days, 43 Pa.B. 514; amended October 4, 2018, effective immediately, 48 Pa.B. 6652. Immediately preceding text appears at serial pages (365784) to (365788).

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.5 Non-Capital Direct Appeals.

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

2. whenever the Court decides such an order is appropriate.

A per curiam order reversing an order of the lower court must cite to controlling legal authority or provide a full explanation of the reasons for reversal.

B. Circulation and Disposition: Each disposition memorandum shall be circulated to the Court within sixty (60) days of assignment. It shall then be placed on a supplemental list for consideration and vote at the same time as opinions. Disposition Memoranda must be circulated to the Court at least ten (10) days prior to circulation of the vote list to be placed on that vote list. A hold for the purpose of preparing a counter-recommendation shall not exceed thirty (30) days; only by vote of the majority may a hold be extended beyond thirty (30) days, but in no event shall a hold exceed ninety (90) days.

The case shall thereafter be resolved in accordance with the vote of the majority. If no clear majority emerges, the case will be listed for oral argument. A Justice may request that the order record that he or she voted for a different disposition. All orders resolving a non-capital direct appeal shall indicate if a Justice did not participate in the consideration or decision of the matter.

C. Reconsideration Applications.

1. Assignment. The Prothonotary shall direct the application for reconsideration to the Justice who prepared and filed the order.

2. Circulation and Disposition. The assigned Justice shall circulate to all members of the Court a recommended disposition within fourteen (14) days 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.

The provisions of this § 63.5 adopted January 9, 2013, effective in 30 days, 43 Pa.B. 514.

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.6 Allowance of Appeal.

A. Duties of Prothonotary.

(1) The Prothonotary shall initially screen petitions for allowance of appeal for compliance with the applicable appellate rules. The Prothonotary shall note if the following defects are present:

(a) whether the petition violates the prohibition against hybrid representation;

(b) whether the petitioner has not provided proper proof of service;

(c) whether the petitioner has not paid the required filing fee or submitted an application to waive fees and costs; and

(d) whether the petition exceeds the permissible word count limit.

Where any of these four defects are present, the Prothonotary shall notify the petitioner and afford an opportunity for correction, while preserving the filing date based upon the initial submission. If the identified defects are not corrected, the Prothonotary may refuse the petition for filing without further action of the Court.

Untimely petitions may be refused for filing by the Prothonotary without further Court action.

(2) Petitions for allowance of appeal shall be assigned to individual Justices by the Prothonotary on a rotating basis by seniority for preparation of an allowance of appeal report. Petitions from the same district presenting the same question shall be consolidated; petitions from different districts that present the same question may be consolidated at the discretion of the Court.

B. Circulation and Disposition. Allowance of appeal reports shall be circulated within ninety (90) days of the receipt of such an assignment. The proposed disposition date shall not be greater than sixty (60) days from the date of circulation. Holds may be placed on petitions for allowance of appeal only upon written notice to the members of the Court as to the reasons for the hold, e.g., the existence of another petition from another district presenting the same question. No hold may be placed on a petition without the existence of a terminus, e.g., the issuance of an opinion on a petition presenting the same question. Where a hold results from the existence of another petition presenting the same issue, the parties shall be notified of the hold and the case that will determine the issue. A hold for the purpose of preparing a counter-report shall not exceed thirty (30) days; only by vote of the majority may a hold be extended beyond thirty (30) days, but in no event shall a hold for such purpose exceed ninety (90) days.

Notwithstanding any contrary procedures set forth above, allowance of appeal reports in Children’s Fast Track appeals are to be circulated within thirty (30) days of the receipt of the assignment, and the proposed disposition date shall not be greater than thirty (30) days from the date of circulation. A hold for purposes of preparing a counter-report in a Children’s Fast Track appeal shall not exceed fifteen (15) days; only by vote of the majority may a hold be extended beyond fifteen (15) days, but in no event shall a hold exceed forty-five (45) days.

Upon the affirmative vote of three or more Justices, allowance of appeal will be granted and the case will be listed for oral argument, unless the order indicates that the matter will be submitted on the briefs. An order granting a petition for allowance of appeal shall specify the issues upon which allowance of appeal was granted.

A per curiam order granting allowance of appeal and reversing an order of the lower court must cite to controlling legal authority or provide a full explanation of the reasons for reversal.

A Justice may request that the order resolving the petition for allowance of appeal record that he or she voted for a different disposition. All orders shall indicate if a Justice did not participate in the consideration or decision of the matter.

C. Reconsideration Applications.

1. Assignment. The Prothonotary shall direct applications for reconsideration to the Justice who authored the allowance of appeal report.

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, or within seven (7) days of the date of assignment in Children’s Fast Track appeals. A Justice who disagrees with the recommended disposition shall circulate a counter-recommendation within fourteen (14) days of the original recommendation, or within seven (7) days of the date of the original recommendation in Children’s Fast Track appeals. 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.

The provisions of this § 63.6 amended February 4, 2011, effective in 30 days, and shall be applicable to petitions filed thereafter, 41 Pa.B. 923; amended May 18, 2011, 41 Pa.B. 2837; renumbered as § 63.6 and amended January 9, 2013, effective in 30 days, 43 Pa.B. 514; amended May 31, 2013, effective immediately, 43 Pa.B. 3227; amended July 22, 2024, effective in 30 days, 54 Pa.B. 4431; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2530. Immediately preceding text appears at serial pages (420169) to (420171).

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.7 [Rescinded].

A. Duties of Prothonotary. All assignments of motions, miscellaneous petitions and applications for relief, including emergency motions and those requesting the exercise of King’s Bench powers, extraordinary jurisdiction and original jurisdiction, shall originate in the Prothonotary’s office. No motions, petitions or applications will be considered which were not first filed in the Prothonotary’s office and thence assigned. Documents may be filed in paper format, or by electronic or facsimile transmission. Once received, motions, petitions and applications will be monitored by the Prothonotary’s office for compliance with applicable appellate rules. Proposed filings that are not in compliance will not be docketed. Proposed filings that are in compliance will be docketed and a response will be allowed. At the expiration of the response period the documents will be forwarded to the Court.

Procedural motions (e.g., first requests for extension of time for not more than thirty days, requests to exceed page limits, and requests to waive fees and costs) may be resolved by the Prothonotary without further action of the Court.

Requests for extension of time in excess of thirty days, and second or subsequent requests for extension of time, are disfavored and will be granted only upon a showing of good cause. Applications for such extensions will be assigned to the Chief Justice.

(Court Note: Time periods for responses*

*May be shorter in stay or supersedeas applications when circumstances require, or by court order.)

B. Assignment, Circulation and Disposition. All motions, petitions and applications will be assigned to the Chief Justice, except for emergency motions, motions addressed to a single Justice, and applications for stay of execution in capital cases. In matters assigned to the Chief Justice, the Chief Justice will prepare a memorandum setting forth the positions of the parties and a recommended disposition. Recommendations should be circulated within sixty (60) days from the date the answer is filed or is due to be filed, whichever occurs first, and should contain a proposed disposition date no greater than thirty (30) days from the date of circulation, except in Children’s Fast Track cases, in which recommendations shall be circulated within fifteen (15) days from the date the answer is filed or due to be filed, whichever occurs first, and the proposed disposition date shall be no greater than fifteen (15) days from the date of circulation. A vote of the majority is required to implement the proposed disposition.

Every motion, petition or application shall be decided within sixty (60) days, or within thirty (30) days in Children’s Fast Track cases. A Justice may request that the order record that he or she voted for a different disposition. Orders disposing of motions, petitions and applications shall indicate if a Justice did not participate in the consideration or decision of the matter.

C. Emergency Motions.

1. Assignment. On or before the first Monday in January, the Chief Justice shall publish a calendar of duty assignments for the handling of emergency motions. Two Justices will be assigned by the Chief Justice on a monthly rotating basis to review emergency motions for the Eastern and Western Districts. Cases filed in the Middle District will be assigned alternately between the Eastern and Western District duty Justices.

2. Circulation and Disposition. Any motion assigned to the duty Justice may at the discretion of that Justice be referred to the full Court for consideration, with or without the entry of an interim order.

D. Motions Directed to a Single Justice. A Justice may entertain and may grant or deny any request for relief which may under Pa.R.A.P. 123 or 3315 properly be sought by motion, except that a single Justice may not dismiss or otherwise determine an appeal or other proceeding.

E. Applications for Stay of Execution in a Capital Case or for Review of an Order Granting or Denying a Stay of Execution.

1. Assignment. The application will be assigned to the duty Justice.

2. Circulation and Disposition. The assigned Justice shall promptly circulate a proposed disposition and the application shall be resolved according to the vote of the majority.

F. Reconsideration Applications.

1. Assignment. The Prothonotary shall direct applications for reconsideration to the Justice who entered the order resolving the application.

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, within seven (7) days of the date of assignment in Children’s Fast Track appeals, or as soon as practicable in emergency and stay of execution matters. A Justice who disagrees with the recommended disposition shall circulate a counter-recommendation within fourteen (14) days of the original recommendation, within seven (7) days of the date of the original recommendation in Children’s Fast Track appeals, or as soon as practicable in emergency and stay of execution matters. 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.

The provisions of this § 63.7 amended through September 27, 1995; amended May 18, 2011, 41 Pa.B. 2837; renumbered as § 63.7 and amended January 9, 2013, effective in 30 days, 43 Pa.B. 514; amended May 31, 2013, effective immediately, 43 Pa.B. 3227; amended May 13, 2021, effective immediately, 51 Pa.B. 2962; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2530. Immediately preceding text appears at serial pages (404905) to (404906).

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.8 [Rescinded].

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.

The provisions of this § 63.10 adopted January 12, 2000, effective January 12, 2000, 30 Pa.B. 519; amended October 25, 2010, effective October 25, 2010, 40 Pa.B. 6387; renumbered as § 63.8 and amended January 9, 2013, effective in 30 days, 43 Pa.B. 514; amended May 31, 2013, effective immediately, 43 Pa.B. 3227. Immediately preceding text appears at serial pages (365793) and (365795).

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.9 [Rescinded].

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.

B. Photographing, Recording and Broadcasting of Supreme Court Proceedings by the Pennsylvania Cable Network (‘‘PCN’’).

1. General Provisions.

a. The recording by PCN of a proceeding before the Supreme Court for future broadcast on PCN is permissible only in accordance with this section.

b. A request to be present to record a scheduled proceeding electronically for future broadcast on PCN must be made at least three business days before the proceeding. Such requests must be submitted to the Executive Administrator for approval by the Chief Justice. The Supreme Court shall maintain discretion to prohibit camera coverage of any proceeding, or any part thereof, due to the nature of the issues or the sensitivity of the subject matter of a proceeding.

c. There shall be no coverage of a proceeding involving any case that has been designated as ‘‘sealed.’’

d. There shall be no audio pickup or broadcast of conferences between co-counsel or among the Justices.

e. The Supreme Court may limit or terminate coverage, or direct the removal of camera coverage personnel, when necessary to protect the rights of the parties or to assure the orderly conduct of the proceedings.

f. The Supreme Court shall not incur any expense for equipment, wiring or personnel necessary to provide coverage by PCN.

g. Introductory commentary, if any, shall be supplied by members in good standing of the Pennsylvania Bar approved by the Supreme Court.

h. All coverage must be ‘‘gavel-to-gavel,’’ including rebroadcasts, with the exceptions in 1.c.—e.

i. All copyrights to the broadcasts are the possession of the Supreme Court and may not be used without its approval. PCN shall provide the Supreme Court with DVD or videotape recordings of all sessions covered by PCN, whether or not broadcast or aired.

j. Broadcasts are not permitted until a minimum of 48 hours after recording.

2. Equipment and Personnel.

a. Only robotic cameras will be permitted in the courtroom. PCN personnel shall consult with the Executive Administrator to determine the location in the courtroom for the camera equipment and operators.

b. Equipment shall not produce distracting sound or light. Signal lights or devices to show when the equipment is operating shall not be visible.

c. Except as otherwise approved by the Executive Administrator, existing courtroom sound and light systems shall be used without modification. Audio pickup for all media purposes shall be accomplished from existing audio systems present in the court facility, or from a camera’s built-in microphone. If no technically suitable audio system exists in the court facility, microphones and related wiring essential for media purposes shall be unobtrusive and shall be located in places designated in advance by the Executive Administrator.

d. All equipment must be in place prior to the opening of the court session and shall not be removed until after the conclusion of the day’s proceedings. Video recording equipment which is not a component part of a camera shall be located in an area remote from the courtroom. PCN personnel shall not enter or exit the courtroom once the proceedings are in session except during a recess or adjournment. PCN personnel shall wear appropriate attire in the courtroom.

e. PCN personnel shall adhere to the direction of the Executive Administrator in matters such as security, parking, noise avoidance and other related issues.

3. Impermissible Use of Material.

None of the film, videotape, video discs, still photographs or audio reproductions developed during or by virtue of coverage of a proceeding shall be admissible as evidence in the proceeding from which it arose, in any proceeding subsequent or collateral thereto, or upon any appeal of such proceedings.

The provisions of this § 63.11 adopted August 15, 2011, effective August 27, 2011, 41 Pa.B. 4620; renumbered as § 63.9 and amended January 9, 2013, effective in 30 days, 43 Pa.B. 514; amended November 17, 2015, effective immediately, 45 Pa.B. 6880. Immediately preceding text appears at serial pages (367374) to (367375).

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.10 Communications to the Court in Pending Cases.

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.

The provisions of this § 63.10 adopted January 9, 2013, effective in 30 days, 43 Pa.B. 514.

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.11 Quorum.

A majority of the Court shall be a quorum of the Court.

The provisions of this § 63.11 adopted January 9, 2013, effective in 30 days, 43 Pa.B. 514.

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.12 Suspension of Procedures.

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.

The provisions of this § 63.12 adopted January 9, 2013, effective in 30 days, 43 Pa.B. 514.

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

210 Pa. Code § 63.13 Temporary Judicial Assignments to the Supreme Court.

(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.

The provisions of this § 63.13 adopted April 1, 2020, effective immediately, 50 Pa.B. 2013.

History

• Source: The provisions of this Chapter 63 adopted October 1, 1994, effective October 1, 1994, 24 Pa.

Chapter 65 OPERATING PROCEDURES OF THE SUPERIOR COURT

210 Pa. Code § 65.0 Introduction.

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.

The provisions of this § 65.0 adopted September 19, 2012, effective immediately, 43 Pa.B. 298 as § 65.1; renumbered as § 65.0 as adopted by the Superior Court.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.1 Executive Administrator.

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.

The provisions of this § 65.1 renumbered as § 65.1a September 19, 2012, effective immediately, 43 Pa.B. 298; reversed renumbering at request of Superior Court.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.2 Prothonotary.

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.

B. Opinions filed with the Prothonotary are to be made available to the parties and the public promptly thereafter.

The provisions of this § 65.2 amended June 30, 2022, effective June 30, 2022, 52 Pa.B. 4231. Immediately preceding text appears at serial page (403553).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.3 Reporter.

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.

B. In conjunction with the Prothonotary’s responsibility pursuant to O.P. 65.2.A.7, the Reporter shall verify and post the daily judgment lists of the Court.

The provisions of this § 65.3 amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended June 30, 2022, effective June 30, 2022, 52 Pa.B. 4231. Immediately preceding text appears at serial pages (403553) to (403554).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.4 Court Crier.

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.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.5 Panels.

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.

2. After the Prothonotary has listed the cases for a submitted panel: (a) if a member of a panel becomes unable to participate in the disposition of a particular case, the case may be decided by the two remaining judges if they agree on the entire disposition of the case; if the two remaining judges are unable to agree on the entire disposition of the case, the panel shall proceed in accordance with § 65.5F.; (b) if a member becomes unable to participate in a particular panel, the President Judge or his/her designee shall designate and assign another judge to the panel.

3. If, after oral argument on a case, a judge becomes unable to participate in the disposition of a particular case, the case may be decided by the two remaining judges if they agree on the entire disposition of the case. If the two remaining judges are unable to agree on the entire disposition of the case, the panel shall proceed in accordance with § 65.5F.

4. If a judge on a motions panel is unable to participate in the review of a particular motion, the motion may be decided by the two remaining judges. In the event that the two remaining judges are unable to agree on a disposition, they shall request the President Judge or his/her designee to assign another judge to sit in review of the motion.

D. The presiding judge of each panel shall be the commissioned judge highest in seniority, except where the panel includes the President Judge who shall then be the presiding judge. The presiding judge shall preside at all panel sessions, assign the cases, and record the assignment of cases. The presiding judge shall transmit to the members of the panel and the Reporter a record of all assignments and/or other actions taken by the panel.

E. All discussions, votes, and drafts of decisions prior to the filing of the final decision shall remain confidential.

F. If, following argument or submission, a member of the three judge panel assigned to decide an appeal becomes unavailable, and the remaining two judges are unable to decide the appeal, they shall request the President Judge or his/her designee to either reassign the appeal for reargument or submission before another panel, or they may request that the appeal be reargued before a court en banc. If the full court shall decline to accept the appeal for reargument before a court en banc, the President Judge or his/her designee shall reassign the same to another three judge panel for reargument or submission and decision.

G. Cases remanded to this Court from the Supreme Court for further disposition shall be returned to the panel originally assigned to the case. In the event that the original panel cannot be reconstituted, for instance as a result of retirement from the court, the president judge, in consultation with any remaining members of the merits panel, will create a new argument or submission panel depending on the nature of the remand. If an en banc case is remanded, the president judge will determine if the case can be submitted or argued to the same members of the original en banc court or whether the case should be reargued or submitted to a new en banc court which would include as many members of the original en banc panel as feasible.

In accordance with Pa.R.A.P. 3102(a), a panel of three judges constitutes a quorum of the Court. 42 Pa.C.S. § 325(e)(1) authorizes the President Judge to make assignments. Subdivision (C) and (D) of this rule do not alter the effect of Pa.R.A.P. 3102(b).

The provisions of this § 65.5 amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended December 23, 2003, effective immediately, 34 Pa.B. 379; amended September 15, 2010, effective immediately, 40 Pa.B. 6078; amended September 11, 2013, effective September 11, 2013, 44 Pa.B. 6223; amended June 14, 2017, effective immediately, 47 Pa.B. 6362. Immediately preceding text appears at serial pages (378610) to (378611).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.6 Courts en banc.

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.

In accordance with Pa.R.A.P. 3103(a), the Court en banc shall consist of no more than nine active members of the Court. See also: § 65.41.

The provisions of this § 65.6 amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended September 15, 2010, effective immediately, 40 Pa.B. 6078. Immediately preceding text appears at serial pages (342596) to (342597).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.7 Central Legal Staff.

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.

The provisions of this § 65.7 amended June 30, 2022, effective June 30, 2022, 52 Pa.B. 4231. Immediately preceding text appears at serial page (403556).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.8 Composition of Staff.

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.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.9 Confidentiality Considerations.

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.

The provisions of this § 65.9 amended November 20, 2003, effective immediately, 33 Pa.B. 5913. Immediately preceding text appears at serial page (216471).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.10 Disqualification Considerations.

A member of staff shall disqualify himself or herself in a proceeding in which his or her impartiality might reasonably be questioned.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.11 Practice of Law.

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.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.12 Initial Review of Docketing Statements.

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.

The provisions of this § 65.12 amended June 30, 2022, effective June 30, 2022, 52 Pa.B. 4231. Immediately preceding text appears at serial page (403557).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.13 Political Activity.

Appointed judicial employees are not permitted to engage in partisan political activities.

See Supreme Court Order of June 29, 1987, 82 Judicial Administration Docket No. 1., In re: Prohibition of Political Activities by Court-Appointed Employees.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.14 Children’s Fast Track and Other Family Fast Track Appeals.

A. In accordance with Pa.R.A.P. 102, 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, paternity, or delinquency, except out-of-home placements under Pa.R.A.P. 1612, 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.’’

B. For all cases designated as Children’s Fast Track or Other Family Fast Track, primary responsibility for monitoring the receipt of the record shall rest with the Central Legal Staff.

1. Upon receipt of an appeal that has been designated Children’s Fast Track appeal by the trial court and/or the parties, the Prothonotary shall forward a letter from the President Judge of the Superior Court to the trial court judge, with copies to the clerk of the lower court, counsel for the parties or to the parties themselves if they are proceeding pro se, and Central Legal Staff. The letter shall stress the importance of the trial court’s duty to send the record to the Superior Court in a timely manner, and shall stress the Superior Court’s internal operating policy with respect to extensions of time for briefing, as set forth in Rule 301 B.2.

2. In all cases designated Other Family Fast Track by the Superior Court, the Central Legal Staff shall forward the letter from the President Judge as set forth in the preceding paragraph B.1.

3. Upon receipt of an appeal that has not been designated Children’s Fast Track by the trial court or the parties, the Prothonotary or Central Legal Staff may designate the appeal as a Children’s Fast Track appeal if the circumstances so warrant. In such a case, the procedures set forth in paragraph B.1. or B.2. above will apply.

The provisions of this § 65.14 adopted March 16, 2009, effective immediately, 39 Pa.B. 1613; amended March 26, 2025, effective April 1, 2025, 55 Pa.B. 2731. Immediately preceding text appears at serial pages (419677) to (419678).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.21 Motions Review Subject to Single Judge Disposition.

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.

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.

C. All other motions, petitions or applications for relief subject to this rule, shall, upon receipt by the Prothonotary, be transmitted to Central Legal Staff.

D. Central Legal Staff, upon receiving an application for relief pursuant to subsection C, shall review the application, prepare a recommendation and present the application and recommendation to the assigned motions judge at a time and place convenient to the motions judge. Central Legal Staff may also present recommendations for sua sponte orders deemed necessary to correct or clarify preliminary procedural matters.

E. The motions judge may decide the application on the basis of the application or may require the filing of an answer or briefs, or the motions judge may schedule a hearing thereon.

F. Unless ordered by the Court, oral argument will not be permitted.

G. It is within the discretion of a single judge to whom an application has been referred to decide the motion or to have it presented to a motions panel. Pa.R.A.P. 123(e).

(As amended, effective 1/1/97)

H. Once a case is scheduled before a panel, all motions filed thereafter shall be referred to that panel.

I. Motions for continuance are to be referred to the presiding judge of the panel who alone may decide the motion, or who may obtain a vote of the other judges of the panel by letter or phone.

J. Any motions for mandamus, prohibition and writs of habeas corpus where no direct appeal is pending shall be referred by the Chief Staff Attorney to the assigned motions judge.

See Municipal Publications v. Court of Common Pleas of Philadelphia County, 507 Pa. 194, 489 A.2d 1286 (1985).

(Amended February 21, 2024, imd. effective)

The provisions of this § 65.21 amended November 11, 1994, effective September 29, 1994, 24 Pa.B. 5651; amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended January 16, 2004, effective December 24, 2003, 34 Pa.B. 379; amended March 16, 2009, effective immediately, 39 Pa.B. 1613; amended August 25, 2014, effective August 25, 2014, 44 Pa.B. 6223; amended February 21, 2024, effective February 21, 2024, 54 Pa.B. 2481. Immediately preceding text appears at serial pages (410584) to (410585).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.22 Motions Review Subject to Motions Panel Disposition.

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.

C. If, in reviewing motions to be referred to a motions panel, Central Legal Staff determines that the motion is patently defective or the appeal is clearly defective or can be disposed of based upon established case law, the motion may be presented to the assigned motions judge.

D. Where a motions panel denied a motion to quash or dismiss, it shall be denied without prejudice to the moving party’s right to again raise the issue(s) presented by the motion before the merits panel by refiling the original motion in writing or preserving the issue in the written brief.

The provisions of this § 65.22 amended November 11, 1994, effective September 29, 1994, 24 Pa.B. 5651; amended December 27, 1996, effective January 1, 1997, 26 Pa.B. 6180; amended February 7, 1997, effective February 10, 1997, 27 Pa.B. 715; amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended October 25, 2007, effective immediately, 37 Pa.B. 6200; amended March 16, 2009, effective immediately, 39 Pa.B. 1613; amended June 14, 2017, effective immediately, 47 Pa.B. 6362. Immediately preceding text appears at serial pages (378615) to (378616).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.23 Discontinuances.

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).

The provisions of this § 65.23 amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended August 25, 2014, effective August 25, 2014, 44 Pa.B. 6223. Immediately preceding text appears at serial pages (342601) to (342602).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.24 Hybrid Representation.

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.

The provisions of this § 65.24 amended August 25, 2014, effective August 25, 2014, 44 Pa.B. 6223. Immediately preceding text appears at serial page (342602).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.25 Assignment of Judges to Motions Duty.

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.

The provisions of this § 65.25 amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended October 25, 2007, effective immediately, 37 Pa.B. 6200. Immediately preceding text appears at serial pages (302214) and (301501).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.26 Notices of Bankruptcy.

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.

The provisions of this § 65.26 adopted September 12, 2017, effective immediately, 47 Pa.B. 6362; amended September 13, 2018, effective September 13, 2018, 48 Pa.B. 7306. Immediately preceding text appears at serial page (388607).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.31 Argument Sessions and Submit Panels.

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.

The provisions of this § 65.31 amended March 16, 2009, effective immediately, 39 Pa.B. 1613. The immediately preceding text appears at serial page (331673).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.32 Daily List.

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.

The provisions of this § 65.32 amended March 16, 2009, effective immediately, 39 Pa.B. 1613. Immediately preceding text appears at serial page (331673).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.33 Reading of Briefs.

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.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.34 Oral Argument.

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.

The provisions of this § 65.34 amended June 14, 2017, effective immediately, 47 Pa.B. 6362. Immediately preceding text appears at serial page (378618).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.35 Oral Motions.

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.

The provisions of this § 65.35 amended June 14, 2017, effective immediately, 47 Pa.B. 6362; amended September 13, 2018, effective September 13, 2018, 48 Pa.B. 7306. Immediately preceding text appears at serial page (388609).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.36 Submitted Cases.

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.

See Pa.R.A.P. 2311(a) and (b).

The provisions of this § 65.36 amended June 28, 2002, effective June 6, 2002, 32 Pa.B. 3076. Immediately preceding text appears at serial page (279444).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.37 Non-Precedential Decisions (formerly titled Unpublished Memoranda Decisions).

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).

The title to this O.P. was changed to reflect the Amendments enacted by the Supreme Court to Pa.R.A.P. 126, effective May 1, 2019. See 278 Appellate Procedural Rules Docket (order amending Pa.R.A.P. 126) (Pa. 2019).

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.

The provisions of this § 65.37 amended and effective May 11, 1992, 23 Pa.B. 1939; amended July 7, 2000, effective July 1, 2000, 30 Pa.B. 3429; amended April 20, 2001, effective July 21, 2001, 31 Pa.B. 2108; amended October 10, 2003, effective November 24, 2003, 33 Pa.B. 5075; amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended April 16, 2019, effective April 16, 2019, 49 Pa.B. 2218. Immediately preceding text appears at serial page (394674).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.38 Reconsideration, Reargument, and En Banc Review.

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.

D. Reargument before a court en banc is not a matter of right, but of sound judicial discretion. An Application for Reargument will be denied unless there are compelling reasons therefor. Such reasons include, but are not limited to, the following:

1. It appears that a decision of a merits panel may be inconsistent with a decision of a different panel of the court;

2. It appears that a merits panel may have overlooked relevant precedent, statute, or rule of court;

3. It appears that a merits panel may have overlooked or misapprehended one or more material facts of record;

4. It appears a merits panel relied upon legal authority relevant to the decision that has been reversed, modified, overruled, discredited, or materially altered during the pendency of the appeal; and

5. It appears the issues have potential for a significant impact upon developing law or public policy.

E. Reargument before a court en banc will be granted only if at least half of the available commissioned judges of the court vote to grant reargument. A judge’s vote of ‘‘Did Not Participate’’ or ‘‘Recuse’’ shall constitute a reduction in the count of available judges.

F. The court will not entertain an application, motion, or petition for reconsideration of a decision rendered by a court en banc.

The provisions of this § 65.38 amended and effective May 11, 1992, 23 Pa.B. 1939; amended August 25, 2014, effective August 25, 2014, 44 Pa.B. 6223; amended September 12, 2017, effective immediately, 47 Pa.B. 6362; amended October 26, 2022, effective immediately, 52 Pa.B. 6959. Immediately preceding text appears at serial pages (405041) to (405042).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.39 Rescinded, October 26, 2022, imd. Effective.

[Rescinded October 26, 2022]

The provisions of this § 65.39 amended September 12, 2017, effective immediately, 47 Pa.B. 6362; deleted October 26, 2022, effective immediately, 52 Pa.B. 6959. Immediately preceding text appears at serial page (405042).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.40 [Rescinded].

The provisions of this § 65.40 rescinded and effective April 29, 1992, 23 Pa.B. 1939. Immediately preceding text appears at serial page (149384).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.41 Argument Before a Court En Banc.

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.

E. In the event that a party in another appeal has raised an issue for which the Court has granted reargument, the Court shall stay such appeal pending the decision of the en banc panel.

F. The Court may decide to stay the case sua sponte or upon a motion that a party files.

(Amended March 28, 2024, imd. effective)

The provisions of this § 65.41 amended and effective May 30, 1991, 23 Pa.B. 1939; amended June 14, 2017, effective immediately, 47 Pa.B. 6362; amended June 10, 2021, effective immediately, 51 Pa.B. 3441; amended March 28, 2024, effective March 28, 2024, 54 Pa.B. 2481. Immediately preceding text appears at serial pages (411888) and (405043).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.42 Circulation and Voting in Children’s Fast Track and Other Family Fast Track Appeals.

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.

The provisions of this § 65.42 adopted March 16, 2009, effective immediately, 39 Pa.B. 1613.

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.43 [Rescinded].

The provisions of this § 65.43 adopted September 15, 2010, effective immediately, 40 Pa.B. 6078; rescinded June 1, 2012, effective immediately, 43 Pa.B. 298. Immediately preceding text appears at serial pages (353591) to (353592).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.44 Confidentiality Issues.

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.’’

The provisions of this § 65.44 adopted December 16, 2020, effective January 1, 2021, 51 Pa.B. 11; amended May 24, 2021, effective immediately, 51 Pa.B. 3090. Immediately preceding text appears at serial page (403567).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

210 Pa. Code § 65.51 Introduction.

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.

The provisions of this § 65.51 rescinded September 15, 2010, effective immediately, 40 Pa.B. 6078; amended June 10, 2015, effective June 10, 2015, 45 Pa.B. 5906; amended November 24, 2020, effective immediately, 50 Pa.B. 6994. Immediately preceding text appears at serial page (388613).

History

• Source: The provisions of this Chapter 65 amended June 15, 1990, effective June 16, 1990, 20 Pa.

Chapter 69 INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA

210 Pa. Code § 69.101 Classification of Judges; Definitions.

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).

‘‘President Judge’’ means the President Judge of this Court.

‘‘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.

The provisions of this § 69.101 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended August 6, 2025, effective September 15, 2025, 55 Pa.B. 5855. Immediately preceding text appears at serial page (423002).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.102 Court Officers; Definitions.

‘‘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.

The provisions of this § 69.102 adopted January 17, 2020, effective immediately upon publication, 50 Pa.B. 657.

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.103 General Definitions.

Subject to additional definitions contained in other provisions of these Internal Operating Procedures that are applicable to specific provisions, the following words and phrases when used in these Internal Operating Procedures shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section: Election law matter.—An action, proceeding, or appeal that implicates issues related to any election and designated by the President Judge as an election law matter for purposes of Section 112(b).

The provisions of this § 69.103 added April 9, 2025, effective immediately upon publication, 55 Pa.B. 2984.

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.104 Confidentiality.

(a) The Commonwealth Court staff owes a duty of confidentiality to the Court. Staff shall refrain from public or private discussions outside the Court regarding the merits of a pending matter, the internal decision-making process regarding a specific matter, and the assignment of a specific matter to a particular Judge or Duty Judge, or the identity of the Judge or Judges who may have authorized a per curiam order or opinion in a matter.

(b) Notwithstanding the restrictions in paragraph (a), designated staff may make public statements in the course of official duties, explain court procedures, and participate in activities that promote public understanding of and confidence in the administration of justice, including but not limited to participating in continuing legal education programs.

The provisions of this § 69.104 added September 27, 2024, effective immediately upon publication, 54 Pa.B. 6418.

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.111 Courts En Banc and Panels; Number of Judges Assigned.

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).

The provisions of this § 69.111 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (377838).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.112 Courts En Banc and Panels; Composition.

(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 a matter in either the Court’s appellate or original jurisdiction as an election law matter, and may assign Judges to serve on a special court en banc or panel to hear such matters on an expedited basis.

The provisions of this § 69.112 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended April 9, 2025, effective immediately upon publication, 55 Pa.B. 2984. Immediately preceding text appears at serial page (420987).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.121 Duty Rosters; Establishment.

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.

The provisions of this § 69.121 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369583).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.122 Location of Proceedings.

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.

The provisions of this § 69.122 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369583).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.123 Duty Rosters; Availability.

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.

The provisions of this § 69.123 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369583).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.124 Video or Teleconference Proceedings.

A Judge may conduct a proceeding by use of video or telephone conference pursuant to an order fixing the argument date and the time.

The provisions of this § 69.124 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369583).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.125 Case Assignments.

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.

The provisions of this § 69.125 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369584).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.126 Emergency Applications.

(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.

(b) An emergency application shall include the following:

(1) An explanation of why an order of this Court is necessary, time sensitive and satisfies the threshold requirements set forth in (a)(1)—(2); and

(2) An explanation of how service has been perfected upon the opposing party or, if service has not been made, a summary of the efforts to perfect service or explanation of why service is impossible or impracticable; and

(3) Unless already docketed with this Court:

(i) a stamped ‘‘filed’’ copy of the relevant common pleas court order being appealed, as well as a copy of the notice of appeal that will be filed with this Court; or

(ii) a copy of the relevant petition for review, whether addressed to this Court’s appellate or original jurisdiction; and

(4) The appropriate filing fee or a sufficient affidavit to proceed in forma pauperis.

(c) The filing of an emergency application should be made by contacting this Court’s Prothonotary or designee, at one of the phone numbers provided in (c)(2), who will accept the papers by the most expeditious means available.

(1) The Court officer accepting the filing shall contact the Duty Judge to make arrangements for consideration and disposition of the emergency application. If the Duty Judge is not available, the emergency application shall be referred to the President Judge and then to the other Judges in descending order of seniority, if the President Judge is not available.

(2) The telephone number of the Court officer accepting the filing of emergency applications shall be made available through the Court’s after hours telephone message system (717-255-1600 or 717-649-5153).

The provisions of this § 69.126 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial pages (369584) and (363235).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.201 Petitions for Permission to Appeal.

The Chief Legal Counsel shall present each petition for permission to appeal filed in accordance with Chapter 13 of the Pennsylvania Rules of Appellate Procedure, together with any answers thereto 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 set forth in § 69.291.

The provisions of this § 69.201 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended June 17, 2026, effective August 3, 2026, 56 Pa.B. 3853. Immediately preceding text appears at serial page (427017).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.211 Petition for Review; Clarification.

(a) 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 actual 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 or the date of earlier deposit in the United States mail as prescribed in paragraph (b) 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.

(b) If the communication is sent by first class, express, or priority United States Postal Service mail, the communication shall be deemed received by the Prothonotary for the purposes of Pa.R.A.P. 121(a) on the date deposited in the United States mail, as shown on a United States Postal Service Form 3817 Certificate of Mailing, Form 3800 Receipt for Certified Mail, Form 3806 Receipt for Registered Mail, or other similar United States Postal Service form from which the date of deposit can be verified. The certificate of mailing or 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 communication or separately mailed to the Prothonotary.

The provisions of this § 69.211 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended April 9, 2025, effective immediately upon publication, 55 Pa.B. 2984. Immediately preceding text appears at serial pages (400543) to (400544).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.221 Preargument Matters; Applications, Motions and Petitions.

(a) 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.

(b) Procedural applications (e.g., applications to proceed in forma pauperis and applications to file a reduced number of copies) may be resolved by the Prothonotary without further action of the Court.

The provisions of this § 69.221 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended June 17, 2026, effective August 3, 2026, 56 Pa.B. 3853. Immediately preceding text appears at serial page (427018).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.222 Preargument Matters; Arguments and Evidentiary Hearings.

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.

The provisions of this § 69.222 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363235).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.231 Briefs; Advance Reading.

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.

The provisions of this § 69.231 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363236).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.232 Briefs; Submission of Cases on Briefs.

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.

The provisions of this § 69.232 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363236).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.241 Arguments; Sessions.

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.

The provisions of this § 69.241 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363236).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.242 Arguments; Preparation of Lists.

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.

The provisions of this § 69.242 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363236).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.243 Arguments; Number of Cases.

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 beforepanels, on the basis of expediting the disposition of cases ready for argument, to the maximum extent feasible.

The provisions of this § 69.243 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363237).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.244 Arguments; Time Allowed.

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.

The provisions of this § 69.244 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363237).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.251 Decisions; Conferences and Assignments of Draft Opinions.

(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.

The provisions of this § 69.251 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363237).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.252 Decisions; Circulation of Draft Opinions.

When the draft opinion has been prepared, the opinion-writing Judge shall transmit it, normally within forty-five days after the date of assignment, to the other Judges, with a face sheet bearing the date the case was argued or submitted on briefs, and also with a memorandum in standardized form requesting them to inform the writer of (1) their agreement or disagreement with the opinion and order in accordance with these rules, together with any suggestions which they may desire to make with respect to the draft opinion, and (2) any disagreement as to the writer’s recommendation concerning reporting, in accordance with § 69.412. The writer shall also indicate by memorandum (1) when the draft proposes a result different from the tentative conference vote, and (2) when a proposed panel decision would overrule a previous panel decision of this Court. The other Judges shall respond to the opinion-writing Judge within fifteen days. If no response is received in that time, the opinion-writing Judge shall consider nonresponse as indicating that each Judge not responding is willing to have the opinion filed as circulated.

The provisions of this § 69.252 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial pages (363237) to (363238).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.253 Decisions; Concurrences and Dissents.

If a Judge on the Court en banc or the panel before which a case was argued, or to which it was submitted, responds by stating an intention to write a concurring opinion or a dissenting opinion, the opinion-writing Judge shall hold the opinion for an additional twenty days, during which period the concurring or dissenting Judge shall submit an opinion to the opinion-writing Judge, to be filed on the same date as the opinion of the Court. A dissenting or concurring Judge shall also inform all other Judges of such intention and shall circulate the opinion to them when written. The opinion-writing Judge shall consider concurrences and dissents and the reasons for them, and may revise the draft opinion and recirculate it. If a concurring opinion or dissenting opinion is not received by the opinion-writing Judge within the twenty-day period, the opinion writing Judge shall consider the previous intent to be waived and may proceed to file the opinion of the Court and any concurring opinions or dissenting opinions actually submitted to the opinion-writing Judge. A Judge on the Court en banc or panel may join in a concurring or dissenting opinion and shall so notify the opinion-writing Judge, who shall be responsible for noting the joinder of that Judge in such concurring opinion or dissenting opinion. When a Judge circulates a concurring or dissenting opinion, the opinion of the Court and any concurring or dissenting opinion may be filed no earlier than ten days after the circulation of the concurring or dissenting opinion.

The provisions of this § 69.253 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363238).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.254 Decisions; Reassignments.

If, in connection with a draft opinion in circulation, a majority of the Judges who heard the case, or to whom it was submitted on briefs, decline to join in that opinion and favor a result or rationale contrary to it, the presiding Judge with respect to that case shall reassign it to a Judge who represents the new majority view.

The provisions of this § 69.254 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363238).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.255 Decisions; Objections.

(a) If a Judge who is not a member of the en banc Court or of the panel before which a case is argued, or to which it is submitted, responds with an objection to the draft opinion, the opinion-writing Judge shall consider the objection and reasons for it, and may revise the draft opinion and recirculate it as deemed necessary.

(b) An objecting Judge shall also inform all other Judges of the objection and the reasons for it. An objection, however, shall not entitle the objecting Judge to file a concurring or dissenting opinion.

The provisions of this § 69.255 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (363238).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.256 Decisions; Effect of Disagreements.

(a) If a draft opinion in circulation in any case produces any combination of four or more proposed dissents, objections, concur in result only or concurring opinions, the opinion-writing Judge shall not file the opinion but shall notify the President Judge to list the case for consideration at the next judicial conference. If, pursuant to vote after judicial conference consideration, a majority of all of the Judges, as well as a majority of the Judges who heard the case or to whom it was submitted on briefs, favor the result reached in the circulated draft opinion, that opinion, together with any concurring or dissenting opinions and notations of concurrences or dissents, shall be filed. Otherwise, if judicial conference consideration and vote does not warrant reassignment in accordance with § 69.254, the President Judge shall list the case for consideration before the Court en banc.

(b) When there exists a vacancy or a recusal among the Commissioned Judges that results in an even number of Commissioned Judges voting on a circulating panel opinion or en banc opinion, and when the vote of all participating Commissioned Judges results in a tie, the opinion shall be filed as circulated. The opinion shall contain a footnote on the first page indicating that the opinion is filed pursuant to this paragraph. Unless there is a majority vote of the participating Commissioned Judges to report, the opinion shall not be reported.

The provisions of this § 69.256 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended June 20, 2023, effective immediately upon publication, 53 Pa.B. 3553. Immediately preceding text appears at serial page (400548).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.257 Decisions; Overruling Previous Decisions.

Pursuant to the circulation of a draft opinion accompanied by a notation in accordance with § 69.252 that the proposed panel decision would overrule a previous panel decision, if a majority of the Court agrees that such an overruling would result, the President Judge shall list the matter on the agenda of the next judicial conference for consideration as to reargument.

The provisions of this § 69.257 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369585).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.258 Decisions; Election Law Matters.

The procedures of § § 69.252—69.257 shall not apply to election law matters heard by a special Court en banc or panel. The members of a special Court en banc or panel, under the supervision of the President Judge or presiding Judge, shall reach and file their decision, together with concurrences and dissents, if any, as soon as possible, without circulation to, or participation by, the Judges not sitting on the respective special Court en banc or panel.

The provisions of this § 69.258 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended April 9, 2025, effective immediately upon publication, 55 Pa.B. 2984. Immediately preceding text appears at serial page (400549).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.259 Decisions; Informational Circulation.

When circulating draft opinions, memoranda, responses, dissenting opinions, concurring opinions, comments and other matters pursuant to § § 69.252—69.258, the Judges shall also circulate copies for information to Senior Judges not members of the respective Court en banc or panel.

The provisions of this § 69.259 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369586).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.261 Decisions; Notation of Recusals.

If a Judge anticipates recusal with respect to a case on which the Judge has been assigned to sit, the Judge shall notify the presiding Judge of the Court en banc or panel as soon as possible. A Commissioned Judge may also be recused with respect to responding with an objection or no objection under § 69.255. For the information of the Judge who, as the writer of the opinion of the Court, has the responsibility for preparing the opinions to be filed in accordance with § 69.262, a recused Judge, whether sitting on the particular Court en banc or panel or not, shall communicate the fact of recusal by notation upon the response form or in writing otherwise. The Judge responsible for preparing the opinions to be filed shall have the non-participation of a Judge noted upon the majority opinion of the Court, whether such Judge was sitting as a member of the Court en banc or panel or not.

The provisions of this § 69.261 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369586).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.262 Decisions; Filing.

When the opinion of the Court and any accompanying concurring opinions or dissenting opinions are ready to be filed, the opinion-writing Judge shall transmit to the Prothonotary the original opinions and such number of copies as the Pro-thonotary shall from time to time specify, with each opinion of the Court bearing notations as to any Judges who dissent without opinion, who concur in the result only, and who are recused. The Prothonotary shall file, docket, and distribute the opinions. The writer shall sign the original of each opinion, except that, in the case of a per curiam opinion, the writer shall identify authorship by accompanying memorandum. To enable the opinion-writing Judge to carry out this responsibility, any Judge writing a concurring opinion or dissenting opinion shall deliver to the opinion-writing Judge a sufficient number of copies. The opinion-writing Judge shall date the opinion and any concurring opinions or dissenting opinions with the filing date.

The provisions of this § 69.262 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (369586).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.291 Rearguments; Applications for Reargument.

(a) The President Judge shall distribute applications for reargument and answers to them, involving cases decided by a panel of the Court or the Court en banc, to all Judges of the Court. See Pa.R.A.P. 2542 et seq. After consideration pursuant to such circulation, the vote of the majority of the participating Commissioned Judges to grant or deny the application for reargument shall govern, although comments from the Court’s Senior Judges shall be solicited. Where there exists a vacancy or a recusal among the Commissioned Judges that results in an even number of Commissioned Judges voting on the application for reargument, and when the vote of all participating Commissioned Judges results in a tie, the application for reargument shall be denied.

(b) Where a party files an application for reargument of an order issued by a single Judge, the Chief Legal Counsel shall submit the application, together with any answer, to that Judge for action, in accordance with Pa.R.A.P. 123(e).

The provisions of this § 69.291 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended June 17, 2026, effective August 3, 2026, 56 Pa.B. 3853. Immediately preceding text appears at serial page (427024).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.301 General; Applicability of Appellate Jurisdiction Procedures.

Sections 69.221 through 69.262, inclusive, of these Internal Operating Procedures under Appellate Jurisdiction, shall govern proceedings in original jurisdiction matters when those proceedings are before Courts en banc and panels. Election law matters assigned to a special Court en banc or panel shall be subject to § 69.258.

The provisions of this § 69.301 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (394675).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.311 Pretrial Matters; Applications, Motions, Petitions and Praecipes.

The Prothonotary shall promptly, after filing papers in original jurisdiction cases, submit pretrial applications, praecipes for trial after a case is at issue, petitions for summary judgment or for judgment on the pleadings, statutory enforcement proceedings requiring a hearing before a Judge, praecipes for hearing in matters under Pa.R.A.P. 1571, and all other motions and matters requiring the consideration of a Judge before trial or argument on the merits, to the Chief Legal Counsel, who shall, on a daily basis, confer with the President Judge or Duty Judge on such matters. Depending upon the nature of the matter, the President Judge or the Duty Judge shall by order set the matter down for evidentiary hearing or formal trial, for argument before a single Judge in cases in which a single Judge may dispose of the matter, for argument before the Court en banc or a panel, or for other disposition consistent with the applicable Rules of Appellate Procedure or Rules of Civil Procedure.

The provisions of this § 69.311 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (394675).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.312 Pretrial Matters; Subpoenas.

Subpoenas of the Court may issue from the Office of the Prothonotary.

The provisions of this § 69.312 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial pages (394675) to (394676).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.313 Pretrial Matters; Pretrial Orders.

To govern the expeditious disposition of matters filed within the Court’s original jurisdiction, pretrial orders may regulate discovery, set a pretrial conference, require consideration of settlement, make provision for the identification of issues, establish a procedure for the acceptance of evidence through stipulations, provide for the advance exchange of exhibits and experts’ reports, and limit the number of witnesses, together with all other matters which the Judge shall deem proper.

The provisions of this § 69.313 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (394676).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.321 Proceedings; Election Law Matters.

Election law matters within the Court’s original jurisdiction (petitions for review in the nature of mandamus and objections to nomination petitions and papers) shall be under the direct supervision of the President Judge, the Prothonotary and the Chief Legal Counsel. The President Judge, to dispose of such cases, shall establish a special election Court schedule, assign Judges to hear cases or, when necessary, convene a special Court en banc or panel in accordance with Section 112(b).

The provisions of this § 69.321 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended April 9, 2025, effective immediately upon publication, 55 Pa.B. 2984. Immediately preceding text appears at serial page (400551).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.322 Proceedings; Costs of Transcripts of Testimony.

In any proceeding where a stenographer is present, the Presiding Judge or Duty Judge shall, incident to the disposition of the proceeding, provide by order for the allocation of the costs for the stenographer. Such costs normally include the appearance fee and the cost for the transcription of the notes of testimony, if the Court orders transcription or the filing of a notice of an appeal requires it. Upon receipt of such an order, the Prothonotary shall forthwith bill the responsible party. If the responsible party fails to pay the amount due within thirty days of the date of the bill, the Court shall impose appropriate sanctions to enforce payment.

The provisions of this § 69.322 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (394676).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.331 Reargument; Applications for Reargument.

When a party files an application for reargument of an order issued by a single Judge, see Pa.R.A.P. 2541 et seq., the Chief Legal Counsel shall submit the application, together with any answer, to the Judge for action, in accordance with Pa.R.A.P. 123(e). When a party files an application for reargument of an order issued by a panel of the Court in its original jurisdiction, the President Judge shall distribute the application and any answers thereto, to all Judges of the Court, along with the recommendation of the authoring Judge.

The provisions of this § 69.331 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (394676).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.341 Process; Designation of Officials for Service of Process.

The Commonwealth Court is a court of Statewide jurisdiction. Therefore, for purposes of Pa.R.C.P. No. 400(d), an action commenced in this Court is deemed commenced in all counties of this Commonwealth. Accordingly, where service is to be effectuated within this Commonwealth by a sheriff, the sheriff of any county where service may be made is authorized to serve process issuing from this Court and does not need to be deputized.

The provisions of this § 69.341 amended November 16, 2018, effective December 14, 2018, 48 Pa.B. 7208; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial pages (394676) to (394677).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.342 Process; Designation of Officials for Execution of Bench Warrants of Arrest.

By order in a particular case, a Judge may designate the Pennsylvania State Police or the sheriff of any county where the bench warrant may be executed as the official agency for the execution of a bench warrant of arrest.

The provisions of this § 69.342 amended November 16, 2018, effective December 14, 2018, 48 Pa.B. 7208; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (394677).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.401 Issuance of Decisions; Orders and Opinions.

On the day each order or opinion and order is filed, the Prothonotary shall send a copy to each counsel of record or pro se litigant. In matters on appeal from a trial court, the Prothonotary shall send a copy of the opinion to the trial judge. The Prothonotary shall also promptly distribute copies of opinions, when designated to be reported, to the list of distributees of opinions of the Commonwealth Court, as from time to time approved by the President Judge.

The provisions of this § 69.401 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (394677).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.412 Reporting of Opinions; Determination as to Reporting.

(a) Each Judge who is the author of an opinion of a panel or the Court en banc shall indicate, in circulating the opinion to the other members of the Court, the authoring Judge’s recommendation as to whether the opinion shall be reported. A decision generally should be reported when it:

(1) establishes a new rule of law;

(2) applies an existing rule of law to facts significantly different than those stated in prior decisions;

(3) modifies or criticizes an existing rule of law;

(4) resolves an apparent conflict of authority;

(5) involves a legal issue of continuing public interest; or

(6) constitutes a significant, non-duplicative contribution to law because it contains:

(i) an historical review of the law,

(ii) a review of legislative history, or

(iii) a review of conflicting decisions among the courts of other jurisdictions.

The recommendation shall govern the determination as to reporting, unless a majority of the Commissioned Judges disagrees with it.

(b) Except as provided in subsection (c) (relating to single Judge opinions in election law matters), opinions of a single Judge shall be filed but not reported unless, because of the unique character of the case, the Chief Legal Counsel or the authoring Judge shall recommend that the opinion be reported. The recommendation shall be transmitted to the Court, together with a copy of the opinion and order, requesting the Judges to indicate any disagreement as to the writer’s recommendation concerning reporting. If two-thirds of the Commissioned Judges vote to agree with the recommendation concerning reporting, the opinion and order shall be reported.

(c) Opinions of a single Judge or a special Court en banc or panel in election law matters, original and appellate jurisdiction, shall be filed but not reported. Thereafter, the Chief Legal Counsel or authoring Judge may recommend that the opinion be reported. The recommendation shall be transmitted to the Court, together with a copy of the opinion and order, requesting the Judges to indicate (1) their agreement or disagreement with the opinion and order, and (2) any disagreement as to the writer’s recommendation concerning reporting. If two-thirds of the Commissioned Judges vote to agree with the opinion and order and the recommendation concerning reporting, the opinion and order shall be reported.

The provisions of this § 69.412 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended March 1, 2023, effective immediately upon publication, 53 Pa.B. 1397. Immediately preceding text appears at serial pages (400553) to (400554).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.413 Reporting of Opinions; Designation as to Reporting.

Each opinion which is to be reported shall be designated as an ‘‘OPINION.’’ Each unreported opinion shall be designated as a ‘‘MEMORANDUM OPINION,’’ its face sheet shall bear the advice, ‘‘OPINION NOT REPORTED,’’ and the Court’s docket shall note that it is an unreported opinion.

The provisions of this § 69.413 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial page (394678).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.414 Citing Judicial Opinions in Filings.

(a) An unreported opinion of this Court may be cited and relied upon when it is relevant under the doctrine of law of the case, res judicata or collateral estoppel. Parties may also cite an unreported panel decision of this Court issued after January 15, 2008, for its persuasive value, but not as binding precedent.

(b) Except as provided in subsection (d) (relating to single-Judge opinions in election law matters), a single-Judge opinion of this Court, even if reported, shall be cited only for its persuasive value and not as a binding precedent.

(c) A reported opinion of the Court en banc or panel may be cited as binding precedent.

(d) A reported opinion of a single Judge filed after October 1, 2013, in an election law matter may be cited as binding precedent in an election law matter only.

The provisions of this § 69.414 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended July 16, 2015, 45 Pa.B. 3975; amended March 10, 2017, effective immediately, 47 Pa.B. 2101; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended March 1, 2023, effective immediately upon publication, 53 Pa.B. 1397; amended April 9, 2025, effective immediately upon publication, 55 Pa.B. 2984. Immediately preceding text appears at serial page (413908).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.415 Reporting of Opinions; Adoption of Trial Court Opinions.

When a reported opinion of the Court, whether per curiam or signed by a Judge, adopts the trial court’s opinion in its entirety, the opinion shall cite a publication containing the trial court opinion when possible; the citation may be to a reporter in which the trial court opinion has been published or to District & County Reports, if publication of the trial court opinion in that reporter is anticipated. If the opinion of this Court so adopting a trial court opinion is unreported, the opinion shall include a reporter citation with respect to the trial court opinion only if it has in fact been reported in a publication.

The provisions of this § 69.415 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial pages (394678) and (369591).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.416 Reporting of Unreported Opinions.

After an opinion has been filed as unreported, the Court, at any time on its own motion or on the application of any person, may order the opinion to be reported. Applications to report unreported opinions shall be filed within 30 days after the filing of the opinion, and, except as otherwise provided in § 69.412(b) and § 69.412(c), may be granted by majority vote of the Commissioned Judges.

The provisions of this § 69.416 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657; amended March 1, 2023, effective immediately upon publication, 53 Pa.B. 1397. Immediately preceding text appears at serial page (400555).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.501 Mediation.

(a) Scope; Costs; Mediation Judge; Form of Papers.

(1) To facilitate settlement and otherwise assist in the expeditious resolution of matters before the Commonwealth Court, appeals of orders of the courts of common pleas, petitions for review of state administrative agency decisions filed in the Court’s appellate jurisdiction, and matters filed in the Court’s original jurisdiction may be selected for mediation by the Court’s Mediation Program.

(2) Tax appeals from orders of the Board of Finance and Revenue, which are subject to a status conference program, shall be excluded from the Mediation Program.

(3) Mediation shall be offered at no cost to the parties.

(4) Mediation shall be conducted by a Mediation Judge. The Mediation Judge may dispose of motions related to the scheduling of mediation and the mediation process. The Mediation Judge shall have authority to impose any necessary sanctions for the failure of any attorney or party to comply with the requirements of the Mediation Program.

(5) The mediation statement required by this section, and any other documents prepared for submission to the Mediation Judge, shall follow the format required by Pa.R.A.P. 124(a).

(b) Selection of Cases and Scheduling; Mediation Statement.

(1) Counseled matters shall be screened for referral to mediation immediately upon the filing of the Docketing Statement and all attachments as required by Pa.R.A.P. 3706. Any matter not initially screened or selected for mediation may be referred to the Mediation Program at any time upon request of any party or at the direction of any Judge, en banc or three-judge panel of the Court.

(2) After a matter has been selected for mediation, the Prothonotary shall notify the parties of the referral to the Mediation Program and the name of the Mediation Judge assigned to conduct mediation. The Mediation Judge, when appropriate, shall promptly contact the parties to establish the location, date and time for mediation.

(3) Within ten days of receiving notice of mediation, or as otherwise directed, each party shall submit to the Mediation Judge a confidential mediation statement of no more than five pages, setting forth the positions of the party as to the key disputed and undisputed facts and legal issues in the matter, and stating whether prior settlement negotiations have occurred. The mediation statement shall focus on practical considerations in the matter and the party’s good faith position on resolving issues by compromise and agreement. The mediation statement shall also identify any motions filed in Commonwealth Court and their disposition. The mediation statement shall not be filed with the Prothonotary or served upon opposing parties, and shall remain confidential.

(4) All matters referred to mediation shall remain subject to the Court’s normal scheduling for briefing and oral argument. The Prothonotary shall not modify the Court’s briefing or oral argument schedule unless so directed by the Mediation Judge to accommodate mediation.

(c) Sessions; Confidentiality; Settlement; Effect of Mediation.

(1) All mediation sessions must be attended by each unrepresented party and counsel for each represented party with authority to settle the matter and, if required, such other persons with actual authority to negotiate a settlement, whether involving the Commonwealth of Pennsylvania, a local government unit, or an individual litigant. The Mediation Judge may at his or her discretion require the parties (or real parties in interest) to attend mediation. In cases involving the Commonwealth government, upon direction of the Mediation Judge, counsel shall have available someone from the appropriate agency with authority to settle who can be reached during mediation to discuss settlement if such person is not already required to attend the mediation session. In the alternative, the Mediation Judge may obtain the name and title of the government official or officials authorized to settle on behalf of the state or local government unit.

(2) No future mediation shall be conducted unless the Mediation Judge determines that further sessions are necessary to effectuate a settlement. The Mediation Judge assigned to mediate a matter shall attend all future mediation sessions scheduled in the case.

(3) All participants in the Mediation Program shall act with due diligence and in good faith.

(4) The Mediation Judge shall not disclose the substance of the mediation settlement discussions and proceedings, and counsel likewise shall not disclose such discussions and proceedings to anyone other than their clients or co-counsel. No information obtained during settlement discussions shall be construed as an admission against interest, and the parties shall not use any information obtained during settlement discussions as the basis for any motion or application other than one related to the Court’s briefing or argument scheduling. All mediation information, documents and communications are to be kept strictly confidential, not to be used or disclosed outside of mediation. All statements made in the course of mediation are for mediation purposes only and are not to be construed as representing the official position of the Mediation Judge, the Court, or any employee thereof.

(5) Where settlement is reached, the parties shall prepare a written settlement agreement and obtain all necessary signatures of the parties and counsel. The agreement shall be binding upon the parties to the agreement, and after execution or any necessary approval by a tribunal, the parties shall file a stipulation of dismissal within ten days thereof. Where necessary or upon the request of a party, the Mediation Judge may enter an appropriate order approving the settlement or remanding the matter to the tribunal below for its approval, enforcement, or implementation.

(6) Any matter not resolved by mediation shall remain on the Court’s docket and proceed as if mediation had not occurred.

(7) A Mediation Judge who reviewed a mediation statement or conducted a mediation session shall not participate in any decision on the merits of the matter. Upon the termination of mediation, either through settlement and dismissal or through a continuation of the matter and final disposition on the Court’s docket, the Mediation Judge shall dispose of all documents obtained during mediation.

Official Note

The Commonwealth Court Mediation Program was established and initially governed by Order dated September 15, 1999, effective January 1, 2000. That Order has been withdrawn and supplanted by this section.

The provisions of this § 69.501 amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial pages (369591) to (369593).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.502 Pennsylvania Cable Network (PCN) Guidelines.

(a) General Provisions

(1) From the date of these Guidelines until further order of this Court, the recording by PCN of en banc proceedings before Commonwealth Court for future broadcast on PCN is permissible only in accordance with these Guidelines.

(2) Three business days advance notice is required of a request to be present to record a scheduled en banc proceeding electronically for future broadcast on PCN electronically. Such requests must be submitted to the Executive Administrator for approval by the President Judge. The President Judge, or presiding Judge of the en banc panel will retain the authority, in the Judge’s sole discretion, to prohibit camera coverage of any proceeding.

(3) There shall be no coverage of an en banc proceeding involving any case that the Court has designated SEALED, or of any case involving the expungement or the refusal to expunge founded or indicated reports of child abuse.

(4) The President Judge, or presiding Judge of an en banc proceeding may limit or terminate coverage, or direct the removal of camera coverage person nel when necessary to protect the rights of the parties or to assure the orderly conduct of the proceedings.

(5) No expense by Commonwealth Court is to be incurred for equipment, wiring or personnel needed to provide coverage by PCN.

(6) Introductory commentary, if any, shall be supplied by members of the Pennsylvania Bar approved by the Board of Judges of the Commonwealth Court.

(7) All coverage must be gavel-to-gavel, including any rebroadcasts, with the exceptions of (a)(3) and (a)(4).

(8) All copyrights to the broadcasts are the possession of the Commonwealth Court of Pennsylvania and may not be used without the approval of the Commonwealth Court of Pennsylvania. PCN shall provide to the Court DVD or videotape recordings of all sessions covered by PCN, whether or not broadcasted.

(9) This shall become effective November 1, 2006.

(b) Limitations

(1) Camera coverage of en banc proceedings must be conducted in conformity with applicable statutes, national rules, any guidelines that may be issued by the U.S. Judicial Conference or the Supreme Court of Pennsylvania.

(2) There shall be no audio pickup or broadcast of conferences between co-counsel or among the Judges.

(c) Equipment and Personnel

(1) Only two television cameras, with one operator per camera, and one small robotic camera, will be permitted in the courtroom. The Executive Administrator, or designee, shall identify the location in the courtroom for the camera equipment and operators.

(2) Equipment shall not produce distracting sound or light. Signal lights or devices to show when the equipment is operating shall not be visible. Motorized drives, moving lights, flash attachments or sudden light changes shall not be used.

(3) Except as otherwise approved by the Executive Administrator, or designee, existing courtroom sound and light systems shall be used without modification. Audio pickup for all media purposes shall be accomplished from existing audio systems present in the Court facility, or from a television camera’s built-in microphone. If no technically suitable audio system exists in the Court facility, microphones and related wiring essential for media purposes shall be unobtrusive and shall be located in places designated in advance by the Executive Administrator or designee.

(4) All equipment must be set up prior to the opening of the court session and may not be removed until after the conclusion of the day’s proceedings. Video tape recording equipment which is not a component part of a television camera shall be located in an area remote from the courtroom. Camera operators shall not exit or enter the courtroom once the proceedings are in session except during a recess or adjournment. Camera operators shall wear suitable attire in the courtroom.

(5) PCN personnel shall adhere to the direction of the Executive Administrator, or designee, in such matters as security, parking, noise avoidance, and other related issues.

(d) Impermissible Use of Material

None of the film, video tape, still photographs or audio reproductions developed during or by virtue of coverage of an en banc proceeding shall be admissible as evidence in the proceeding out of which it arose, any proceeding subsequent and collateral thereto, or upon any appeal of such proceedings.

The provisons of this § 69.502 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately upon publication, 50 Pa.B. 657. Immediately preceding text appears at serial pages (369593) to (369595).

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.601 Definitions.

For purposes of Sections 69.601—69.605, the following words and phrases shall have, unless the context clearly indicates otherwise, the meanings set forth below: Court Proceeding.—Any trial, hearing, argument or similar event before a judge, argued panel, or en banc panel where evidence, if entered, is on the record. Custodian.—The person or persons designated in § 69.602 to safeguard and maintain any Exhibit, as defined herein, offered into evidence in a Court Proceeding. Custodian shall also include the Custodian’s designee. Exhibit.—A document, record, object, photograph, model, electronic device, or similar item offered into evidence, whether or not admitted, in a Court Proceeding. Proponent.—A party seeking the admission of an Exhibit into the record in a Court Proceeding.

The provisions of this § 69.601 added August 6, 2025, effective September 15, 2025, 55 Pa.B. 5855.

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.602 Role of the Custodian.

(a) The official court reporter of Commonwealth Court shall serve as the Custodian. Where the official court reporter of Commonwealth Court is not available to serve at any Court Proceeding, a substitute court reporter shall serve as Custodian for that Court Proceeding only.

(b) The Custodian shall safeguard and maintain all Exhibits offered into evidence by a Proponent during a Court Proceeding, regardless of whether an Exhibit is admitted or rejected by the Court.

(c) The Custodian shall be responsible for ensuring that all Exhibits are filed with the Prothonotary and made part of the record no later than five business days after the conclusion of the Court Proceeding.

The provisions of this § 69.602 added August 6, 2025, effective September 15, 2025, 55 Pa.B. 5855.

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.603 Custody of Exhibits; General Provisions.

(a) During Court Proceedings. The Custodian shall secure and maintain all Exhibits during a Court Proceeding, including breaks and recesses, except as otherwise provided in § 69.604 or § 69.605.

(b) After Court Proceedings.

(1) The Custodian shall return all Exhibits not offered into evidence at the conclusion of the Court Proceeding.

(2) For in-person Court Proceedings, the Custodian shall place all Exhibits offered into evidence, regardless if admitted, into an envelope labeled with the matter’s docket number, the date of the Court Proceeding, and a notation of the Exhibits contained therein by exhibit number, e.g., ‘‘XXX MD XXXX,’’ ‘‘Hearing Held XX/XX/XXX,’’ ‘‘Exhibits XXX—XXX.’’ The Custodian shall then deliver the envelope to the Prothonotary, or their designee for filing.

(3) For remote Court Proceedings, the Custodian will advise the Court’s information technology staff which Exhibits should be filed. The Court’s information technology staff shall copy those Exhibits offered into evidence, regardless if admitted, onto a USB drive and place the USB drive into an envelope labeled with the matter’s docket number, the date of the Court Proceeding, a notation of the Exhibits contained therein by Exhibit number, and that the Exhibits are contained on a USB drive, e.g., ‘‘XXX MD XXXX,’’ ‘‘Hearing Held XX/XX/XXX,’’ ‘‘Exhibits XXX—XXX (enclosed on USB drive).’’ The Custodian shall then deliver the envelope to the Prothonotary, or their designee for filing.

The provisions of this § 69.603 added August 6, 2025, effective September 15, 2025, 55 Pa.B. 5855.

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.604 Custody of Exhibits; Special Provisions.

(a) Documentary Exhibits.

(1) If a Proponent offers into evidence an Exhibit such as a letter, report, drawing, map, photograph or other document that is larger in size than 8-1/2 x 11 inches, the Proponent shall ensure that a copy of the document reduced to no larger than 8-1/2 x 11 inches is entered into the record.

(2) A Proponent who provides a reduced copy of an oversized Exhibit shall be responsible for ensuring that the reproduced document is clear and capable of further reproduction or transfer to digital media.

(b) Photographs.

(1) A Proponent who offers into evidence a photograph shall elect to provide the custodian with the original or a copy of the photograph (no larger in size than 8-1/2 x 11 inches) that will be entered into the record.

(2) A Proponent who provides a reduced copy of an oversized photograph shall be responsible for ensuring that the reproduced document is clear and capable of further reproduction or transfer to digital media.

(c) Non-documentary Exhibits; Generally.

(1) If a Proponent offers into evidence a non-documentary Exhibit, the Proponent shall ensure that a photograph of the Exhibit is entered into the record.

(2) If the Exhibit is bulky, oversized or otherwise physically impractical for the Custodian to maintain, the Custodian may direct the Proponent to maintain custody of the Exhibit and be responsible for securing it during the Court Proceeding.

(d) Non-documentary Exhibits; Weapons, Contraband, Hazardous Materials.

(1) In any Court Proceeding in which weapons, cash, other items of value, drugs, or other dangerous materials are offered into evidence, such Exhibits shall be

(a) secured by the Custodian while the Court Proceeding is in session;

(b) secured during breaks and recesses by Court security staff; and

(c) prohibited from viewing in the jury room, if applicable. The Court may direct alternative viewing arrangements for such Exhibits upon the request of the jury upon request.

(2) During the Court Proceeding, the Custodian shall exercise all appropriate safeguards necessary to protect the public based on the nature of the Exhibit.

(e) Use of Digital Media. If a Proponent offers into evidence an Exhibit in a digital format, it must be transferred to the Custodian in a format acceptable to and accessible by the Custodian and Court.

(f) Duplicates. If the authenticity of an Exhibit is at issue, the Court may direct that the original item, and not a duplicate, be entered into the record.

The provisions of this § 69.604 added August 6, 2025, effective September 15, 2025, 55 Pa.B. 5855.

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

210 Pa. Code § 69.605 Confidentiality; Exhibits Under Seal.

(a) If an Exhibit offered into evidence, regardless if admitted, contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (‘‘Policy’’), the Proponent shall give a copy of the Exhibit and a certification prepared in compliance with the Policy to the Prothonotary for inclusion in the record no later than five (5) days after the conclusion of the Court Proceeding.

(b) Any Exhibit sealed by the Court during the Court Proceeding shall not be accessible to the public.

(c) For in-person Court Proceedings, the Custodian shall place all confidential Exhibits entered into evidence into an envelope marked ‘‘FILED UNDER SEAL,’’ and labeled with the matter’s docket number, the date of the Court Proceeding, and a notation of the Exhibits contained therein by exhibit number, e.g., ‘‘XXX MD XXXX,’’ ‘‘Hearing Held XX/XX/XXX,’’ ‘‘Exhibits XXX—XXX,’’ and ‘‘FILED UNDER SEAL.’’ The Custodian shall then deliver the envelope to the Prothonotary, or their designee for filing.

(d) For remote Court Proceedings, the Custodian will advise the Court’s information technology staff which confidential Exhibits should be filed. The Court’s informational technology staff shall copy those confidential Exhibits entered into evidence onto a USB drive and place the USB drive into an envelope marked ‘‘FILED UNDER SEAL,’’ and labeled with the matter’s docket number, the date of the Court Proceeding, a notation of the Exhibits contained therein by exhibit number, and that the Exhibits are contained on a USB drive, e.g., ‘‘XXX MD XXXX,’’ ‘‘Hearing Held XX/XX/XXX,’’ ‘‘Exhibits XXX—XXX (enclosed on USB drive),’’ and ‘‘FILED UNDER SEAL.’’ The Custodian shall then deliver the envelope to the Prothonotary, or their designee for filing.

The provisions of this § 69.605 added August 6, 2025, effective September 15, 2025, 55 Pa.B. 5855.

History

• Source: The provisions of this Chapter 69 adopted July 14, 2012, effective June 5, 2012, 42 Pa.

Part III APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE

Chapter 101 APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE

210 Pa. Code § 101.1 Scope.

(a) These rules shall govern all appeals from the Court of Judicial Discipline pursuant to PA. CONST. Art. V, § 18(c).

(b) Under these rules,

(1) ‘‘Special Tribunal’’ means a special tribunal convened pursuant to PA. CONST. Art. V, § 18(c) and formed pursuant to Rule 8.

(2) ‘‘Reviewing Court’’ means either the Supreme Court of Pennsylvania or a Special Tribunal.

(c) Recusal

A member of the Court shall recuse himself or herself in any matter in which recusal would be required of a Judicial Officer under the Code of Judicial Conduct.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.2 Jurisdiction.

(a) Any appeal by a judge or a magisterial district judge from a final adverse Order of discipline shall be to the Supreme Court.

(b) An appeal by a Justice, or Senior Justice, of the Supreme Court from a final adverse Order of discipline shall be to the Special Tribunal.

(c) An appeal by the Judicial Conduct Board from an Order dismissing a Board Complaint shall be:

(1) to the Supreme Court when the subject of the Board Complaint is a judge or magisterial district judge; and

(2) to a Special Tribunal when the subject of the Board Complaint is a Justice of the Supreme Court.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.3 Notice of Appeal.

(a) A notice of appeal from a final adverse Order of discipline or from an Order dismissing a Board Complaint shall be filed with the Clerk of the Court of Judicial Discipline within thirty (30) days of the entry of the Order, and a copy of the notice shall be served concurrently on the opposing party.

(b) Upon receipt of a notice of appeal, the Clerk of the Court of Judicial Discipline shall promptly forward a copy of the notice to:

(1) the Prothonotary of the Supreme Court, when the matter complained of on appeal concerns a judge or magisterial district judge; or

(2) the Court Administrator of Pennsylvania when the matter complained of on appeal concerns a Justice, or Senior Justice, of the Supreme Court.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.4 Transmission of Record of Reviewing Court.

(a) Within thirty (30) days of receipt of a notice of appeal, the Clerk of the Court of Judicial Discipline shall file with the appropriate Reviewing Court the entire record upon which the Court’s Order is based. The record shall include:

(1) the original papers and exhibits filed in the Court of Judicial Discipline;

(2) the transcript, if any, of the proceedings;

(3) the final Order of the Court of Judicial Discipline; and

(4) a statement by the Court of Judicial Discipline containing the findings of fact and conclusions of law upon which the final Order is based.

(b) The Clerk of the Court of Judicial Discipline shall concurrently notify the parties that the record has been filed.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.5 Briefing.

(a) Within thirty (30) days of the filing of the record as required in Section 101.4(a), the appellant shall file ten (10) copies of the appellant’s brief with the Reviewing Court, shall serve one (1) copy on the Court of Judicial Discipline and shall serve two (2) copies on the appellee.

(b) Within thirty (30) days of the filing of appellant’s brief, the appellee shall file ten (10) copies of the appellee’s reply brief with the Reviewing Court, shall serve one (1) copy on the Court of Judicial Discipline and shall serve two (2) copies on the appellant.

The provisions of this § 101.5 amended September 30, 2010, effective in 30 days, 40 Pa.B. 5900. Immediately preceding text appears at serial page (264051).

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.6 Argument.

The Reviewing Court may hear oral argument.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.7 Suspension of Act of Assembly.

Act No. 1993-56, § 1, 42 Pa.C.S. § 727, which, inter alia, authorizes the Secretary of the Commonwealth to schedule the selection of Special Tribunals and to conduct the selection by lot, is hereby suspended insofar as it is inconsistent with these rules.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.8 Special Tribunals: Membership.

(a) A Special Tribunal shall consist of seven (7) members selected from the combined membership of those Superior and Commonwealth Court judges who are on regular and active duty. The Presiding Judge of the Special Tribunal shall be the judge longest in continuous service.

(b) Exceptions

(1) Any member of the Superior or Commonwealth Court who is a member of the Judicial Conduct Board or the Court of Judicial Discipline shall not serve on a Special Tribunal.

(2) Any member of the Superior or Commonwealth Court who is a complainant, a party, or a witness in the underlying case on appeal shall not serve on the Special Tribunal selected to dispose of that appeal.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.9 Formation of Special Tribunal.

(a) Upon the filing of a notice of appeal requiring the formation of a Special Tribunal pursuant to PA. CONST. Art. V, § 18(c)(1) or (3), the Clerk of the Court of Judicial Discipline shall promptly notify the Court Administrator of Pennsylvania.

(b) Notice to the Court Administrator of Pennsylvania shall include the name of any judge of the Superior or Commonwealth Court who is:

(1) a member of the Judicial Conduct Board or the Court of Judicial Discipline; and/or

(2) a complainant, a party, or a witness in the underlying case on appeal.

(c) Upon receipt of notice from the Clerk of the Court of Judicial Discipline, the Court Administrator of Pennsylvania shall immediately set a date, time and location for the selection of the Special Tribunal, which selection shall take place no later than twenty (20) days after notice from the Court of Judicial Discipline. The selection proceeding shall be open to the public.

(d) The seven (7) members of the Special Tribunal shall be chosen by lot from a list of the judges of the Superior and Commonwealth Courts who are on regular and active duty. The list shall not include those judges specified in paragraphs b(1) and (2).

The provisions of this § 101.9 amended June 17, 1994, effective immediately, 24 Pa.B. 3358.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.10 Vacancy on Special Tribunal.

(a) Whenever a vacancy on a Special Tribunal occurs, all proceedings in and any consideration of the matter on appeal shall be stayed until the vacancy is filled.

(b) Procedure

(1) Whenever a vacancy occurs on a Special Tribunal while the appeal before that Tribunal is pending, the Special Tribunal shall immediately notify the Court Administrator of Pennsylvania.

(2) Upon receiving notice of a vacancy, the Court Administrator of Pennsylvania shall immediately set a date, time and location for the selection of a judge to fill the vacancy, which selection shall take place no later than twenty (20) days after notice from the Special Tribunal. The selection proceeding shall be open to the public.

(3) The judge shall be chosen by lot from a list of the judges of the Superior and Commonwealth Courts who are on regular and active duty. The list shall not include the seven (7) judges originally selected or those judges specified in Section 101.8(b)(1) and (2).

(4) If, for whatever reason, less than seven (7) judges of the Superior and Commonwealth Courts are available to serve on a Special Tribunal, then those judges available to serve shall serve on the Special Tribunal. Decisions shall be by majority vote of those serving. An evenly divided Special Tribunal shall result in an affirmance of the decision and Order of the court below.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.

210 Pa. Code § 101.11 Appeal Procedure.

A Special Tribunal shall hear and decide an appeal in the same manner in which the Supreme Court would hear and decide an appeal from an order of the court.

History

• Source: The provisions of this Chapter 101 adopted May 24, 1994, effective immediately, 24 Pa.