Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 00-1155

THE COURTS

Title 210--APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

[210 PA. CODE CHS. 35 AND 65]

Amendments to Business of the Superior Court and Superior Court Internal Operating Procedures

Rules of Appellate Procedure, Business of the Superior Court

[30 Pa.B. 3429]

   The Superior Court of Pennsylvania has adopted procedures by which requests that a decision of the Court be published are made. This policy is reflected in the Pennsylvania Rules of Appellate Procedure--Business of the Superior Court, with the adoption of Rule 3519, appearing in 210 Pa. Code Chapter 35.

Superior Court Internal Operating Procedures

   The Superior Court of Pennsylvania has adopted procedures by which requests that a decision of the Court be published are made. This policy is reflected in the Superior Court Internal Operating Procedures with the amendments to 210 Pa. Code § 65.37.

   These changes become effective July 1, 2000.

MITCH GRUNER,   
Executive Administrator
to the Superior Court of Pennsylvania

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE III.  MISCELLANEOUS PROVISIONS

CHAPTER 35.  BUSINESS OF THE SUPERIOR COURT

APPEALS AND ARGUMENT LISTS

Rule 3519.  Requests for Publication.

   (a)  Briefs of the Parties.  The brief of the appellant or the appellee may include, in addition to those matters enumerated in Rule 2111, a request for the publication of the Superior Court's disposition with respect to the issues on appeal. The request shall be separately and distinctly entitled and shall set forth the reasons why publication as an opinion is being sought. Such reasons may include (1) that the Court of Common Pleas has decided a question of substance not previously determined by the Superior Court or the Supreme Court; (2) the Court of Common Pleas has rendered a decision in conflict with the decision of another Court of Common Pleas on the same question; or (3) the question involves an issue of substantial public importance.

   (b)  After an unpublished memorandum decision has been filed, the panel may sua sponte, or on the motion of any party to the appeal, or on request by the trial judge convert the memorandum to a published opinion. In the case of a motion, such request must be filed within 14 days after the entry of the judgment or other order involved. As before, the decision to publish is solely within the discretion of the panel.

PART II.  INTERNAL OPERATING PROCEDURES

CHAPTER 65.  INTERNAL OPERATING PROCEDURES OF THE SUPERIOR COURT

DECISIONAL PROCEDURES

§ 65.37.  Unpublished Memoranda Decisions.

   A.  An unpublished memorandum decision 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 is relied upon pursuant to this rule, a copy of the memorandum must be furnished to the other party to the Court.

   B.  After an unpublished memorandum decision has been filed, the panel may sua sponte, or on the motion of any party to the appeal, or on request by the trial judge convert the memorandum to a published opinion. In the case of a motion, such request must be filed within 14 days after the entry of judgment or other order involved. As before, the decision to publish is solely within the discretion of the panel.

   C.  The publication of a decision is within the panel's discretion, however, a decision generally should be published when it:

   1.  Is by a Court en banc, provided that a majority of the voting members of the panel may vote to refrain from publication and to decide the appeal by memorandum;

   2.  Establishes a new rule of law;

   3.  Applies an existing rule of law to facts significantly different than those stated in prior decisions;

   4.  Modifies or criticizes an existing rule of law;

   5.  Resolves an apparent conflict of authority;

   6.  Involves a legal issue of continuing public interest; or

   7.  Constitutes a significant, non-duplicative contribution to law because it contains;

   a.  An historical review of the law,

   b.  A review of legislative history,

   c.  A review of conflicting decisions among the courts or other jurisdictions.

   D.  A judgment order, without separate memorandum decision, may be used to decide an appeal where the decision is unanimous and requires minimal explanation because it is mandated by established and unquestioned precedential decision, statute or principle of law or is based on findings of fact which are fully supported by the evidence.

[Pa.B. Doc. No. 00-1155. Filed for public inspection July 7, 2000, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.