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PA Bulletin, Doc. No. 03-1976

THE COURTS

Title 210--APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE
PART II.  INTERNAL OPERATING PROCEDURES OF THE SUPERIOR COURT

[210 PA. CODE CHS. 35 AND 65]

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

[33 Pa.B. 5075]

Rules of Appellate Procedure, Business of the Superior Court

   The Superior Court of Pennsylvania has amended 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 amendment to Rule 3519, appearing in 210 Pa. Code Chapter 35.

Superior Court Internal Operating Procedures

   The Superior Court of Pennsylvania has amended 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 amendment to 210 Pa. Code Sec. 65.37.

   These changes were approved on September 24, 2003, and become effective November 24, 2003.

ERNEST GENNACCARO,   
Chief Staff Attorney 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.

*      *      *      *      *

   (b)  After an unpublished memorandum decision has been filed, the panel may sua sponte, or on the motion of any party to the appeal, or on request by the trial judge, convert the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 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.

PART II.  INTERNAL OPERATING PROCEDURES

CHAPTER 65.  INTERNAL OPERATING PROCEDURES OF THE SUPERIOR COURT

DECISIONAL PROCEDURES

§ 65.37.  Unpublished Memoranda Decisions.

*      *      *      *      *

   B.  After an unpublished memorandum decision has been filed, the panel may sua sponte, or on the motion of any party to the appeal, or on request by the trial judge, convert the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 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 judgment or other order involved. The decision to publish is solely within the discretion of the panel.

*      *      *      *      *

[Pa.B. Doc. No. 03-1976. Filed for public inspection October 10, 2003, 9:00 a.m.]


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