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PA Bulletin, Doc. No. 06-749

THE COURTS

Title 210--APPELLATE PROCEDURE

PART II.  INTERNAL OPERATING PROCEDURES

[210 PA. CODE CH. 67]

Amendment to Commonwealth Court Internal Operating Procedures

[36 Pa.B. 2171]

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART II.  INTERNAL OPERATING PROCEDURES

CHAPTER 67.  INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT

APPELLATE JURISDICTION

§ 67.29.  Decisions; Effect of Disagreements.

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   (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, [a tie] and when the vote of [the] all participating commissioned judges [shall result] results in a tie, the [filing of the] opinion shall be filed as circulated. [The opinion shall not be published unless there is a majority vote of the commissioned judges to publish.] 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 Unless there is a majority vote of the participating commissioned judges to publish, the opinion shall not be published.

JAMES G. COLLINS,   
President Judge

[Pa.B. Doc. No. 06-749. Filed for public inspection May 5, 2006, 9:00 a.m.]


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