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PA Bulletin, Doc. No. 02-1418

THE COURTS

Title 255--LOCAL
COURT RULES

ALLEGHENY COUNTY

Rules of the Court of Common Pleas; No. 7 of 2002

[32 Pa.B. 4034]

Order of the Court

   And Now, to-wit, this 29th day of July, 2002, pursuant to action of the Board of Judges, the following new Local Rules of the Summary Appeals Branch are adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

ROBERT A. KELLY,   
President Judge

Local Rules of the Summary Appeals Branch of the Court of Common Pleas

Rule 1.  Administrative Judge and Presiding Judge.

   The President Judge shall be the supervising judge of the Summary Appeals Branch. He or she shall, from time to time, designate a judge to preside over the Summary Appeals Branch and may specially assign a judge or judges to hear specific classes of cases as may be necessary.

Rule 2.  Filing of Appeals.

   A.  The following Summary Appeals shall be filed in the office of the Clerk of Courts in accordance with Rule 460 of the Rules of Criminal Procedure:

Summary criminal convictions

Summary ordinance violations

Summary convictions for offenses of the Vehicle Code

   B.  The following Statutory Appeals shall be filed in the office of the Prothonotary in accordance with 42 Pa.C.S.A. Section 933 (Appeals from Government Agencies) and the specific statutory provisions sited thereunder. Appeals from orders or decisions of:

Civil service commissions

Zoning boards

Pennsylvania Liquor Control Board

Pennsylvania Department of Transportation

   Any other proceeding from which an appeal to the Court of Common Pleas is specifically authorized by statute.

Rule 3.  Notice of Appeal.

   The appellant shall notify the appellee and the District Justice, City Magistrate, or governmental agency from which the appealed order or decision is being filed in accordance with the aforementioned Pennsylvania Rules of Criminal Procedure and statutes referenced under 42 Pa.C.S.A. Section 933.

Rule 4.  Determination of Timeliness of Appeal.

   The office of the Prothonotary and the Clerk of Courts shall determine if the appeal is timely. All untimely attempts to file an appeal shall be rejected by the filing agency unless a Common Pleas Court order granting allowance to appeal nunc pro tunc accompanies the appeal.

Rule 5.  Sessions of Court.

   The regular sessions of the Summary Appeals Court shall be held daily, when court is open, before the assigned judge commencing at 8:30 a.m. and 1 p.m. unless otherwise ordered by the President Judge.

Rule 6.  Motions other than for Postponement.

   All motions in Summary Appeals Court shall be presented Monday through Friday at 8:30 a.m. Said motions must be pre-scheduled for a hearing by the Summary Appeals staff. The moving parties shall notify the respondent, in writing, of any presentment to the court (with the exception of Motions to Proceed in forma pauperis) at least five (5) days prior to the date of presentment.

Rule 7.  Motions for Postponement.

   All motions for postponement shall be completed using forms supplied by the Summary Appeals Court. The procedures in Rule 6 (Motions other than for postponement) shall apply. Motions for postponement granted by the court shall, on the same day the motion is granted, be filed along with the appropriate filing fee in the office of the Prothonotary or Clerk of Courts.

Rule 8.  Petitions to Proceed In Forma Pauperis.

   Petitions to proceed in forma pauperis in appeals filed pursuant to Rule 2A of these rules shall be presented to the Summary Appeals Judge within thirty (30) days of the date of the order from which an appeal is being taken.

Rule 9.  Specially Assigned Summary Appeals.

   Appeals filed pursuant to Rule 2B of these Summary Rules may be specially assigned to a judge. In such instances the assigned judge shall schedule and decide all pre-hearing, hearing, and post hearing matters. The hearing decisions of the specially assigned judge must be reported to the Summary Appeals clerk in a timely manner. The Summary Appeals clerk shall forward the final decision on all matters before the Summary Appeals Branch to the lower court or governmental agency from which the appeal was taken.

Recession

   The following Administrative Docket Orders are rescinded to the extent that they are inconsistent herewith: Administrative Docket Orders Numbers 10, 12, 23, and 114 all of 1996. The Local Rules of the Summary Appeals Branch of the Court of Common Pleas of Allegheny County adopted April 11, 1996 are also hereby rescinded.

[Pa.B. Doc. No. 02-1418. Filed for public inspection August 16, 2002, 9:00 a.m.]


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