THE COURTS
Title 210—APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
PART II. INTERNAL OPERATING PROCEDURES
[ 210 PA. CODE CHS. 37 AND 69 ]
Amendments to Rules of Appellate Procedure and Internal Operating Procedures
[45 Pa.B. 3975]
[Saturday, July 25, 2015]The Commonwealth Court approved on June 16, 2015, changes to Chapter 37 of the Rules of Appellate Procedure and its Internal Operating Procedure § 414, found in 210 Pa. Code.
Annex A
TITLE 210. APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
ARTICLE III. MISCELLANEOUS PROVISIONS
CHAPTER 37. BUSINESS OF THE COMMONWEALTH COURT
BRIEFING AND LISTING OF CASES FOR ARGUMENT Rule 3714. Listing of Cases and Briefing Schedules.
(a) Matters heard solely on certified record. An appeal from a court of common pleas and each other matter which under the applicable law is required to be determined by the court upon the record before the government unit below shall be eligible for listing for argument after the record has been filed. When all briefs and reproduced records have been filed, the Chief Clerk shall list the case for oral argument on a specified date and shall give at least ten days written notice by first class mail to all parties of the date scheduled for the argument. The Court may direct any matter to be submitted on briefs without oral argument.
(b) Original jurisdiction matters. A matter commenced in whole or in part within the original jurisdiction of the court including matters under Pa.R.A.P. 1571 (determinations of the Board of Finance and Revenue) when at issue for argument on preliminary matters or after the record has been made shall be listed for oral argument after the court establishes a briefing schedule.
(c) Extensions of Time to File Briefs or Reproduced Record. A party may submit a written request for an extension of time to file briefs or the reproduced record, which the chief clerk may grant, if the requested extension is: (1) for thirty days or less; (2) the first one sought; and (3) unopposed by all other parties. If any of the three enumerated criteria do not exist, the party must submit its extension request by formal application. The prothonotary, chief clerk or deputy prothonotary may act on the formal application.
Official Note: Under Rule 105 the court may reduce or enlarge any of the time periods specified in the rule. Preliminary matters referred to in Subdivision (b) include preliminary objections, motions for judgment on the pleadings, motions for summary judgment and motions to quash.
See Pa.R.A.P. 123 regarding the form of an application for relief, which is necessary if the three requirements in Pa.R.A.P. 3714(c) cannot be met.
(Editor's Note: The following rule is new and printed in regular type to enhance readability.)
Rule 3716. Citing Judicial Opinions in Filings.
(a) A reported opinion of the Commonwealth Court en banc or three-judge panel may be cited as binding precedent.
(b) An unreported panel decision of this Court issued after January 15, 2008, may be cited for its persuasive value, but not as binding precedent.
(c) Any 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.
(d) A reported single judge opinion in an election law matter filed after October 1, 2013, may be cited as binding precedent only in an election law matter.
(e) All other single judge opinions of this Court, even if reported, shall be cited only for persuasive value and not as binding precedent.
Official Note: A special election panel is one designated by the president judge to hear election law matters on an expedited basis. Decisions by such panels are made by only the members of the panel without the participation of judges who are not part of the panel. See Internal Operating Procedure § 112(b) (Courts En Banc and Panels; Composition), § 258 (Decision; Election Law Appeals), § 416 (Reporting of Unreported Opinions).
[COSTS] POST DECISION (Editor's Note: The following rule is new and printed in regular type to enhance readability.)
Rule 3740. Request to Report Unreported Opinion.
Within 30 days after an opinion has been filed as unreported, any person may file an application to report the opinion. Except as noted in the next sentence, grant of the application requires an affirmative majority vote of the commissioned judges. Grant of an application to report an opinion of a single judge or an opinion of a special election panel requires an affirmative two-thirds vote of the commissioned judges.
Official Note: A decision may 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,
(iii) a review of conflicting decisions among the courts of other jurisdictions.
See also IOP § 412.
ENFORCEMENT [PROCEEDINGS] OF AGENCY ORDER Rule 3761. Enforcement Proceedings.
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PART II. INTERNAL OPERATING PROCEDURES
CHAPTER 69. INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA
DECISIONS § 69.414. Citing Judicial Opinions in Filings.
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[Pa.B. Doc. No. 15-1363. Filed for public inspection July 24, 2015, 9:00 a.m.]
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