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PA Bulletin, Doc. No. 18-1612

THE COURTS

Title 210—APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

[ 210 PA. CODE CH. 63 ]

Amendment of Section 4 of the Internal Operating Procedures of the Supreme Court; No. 505 Judicial Administration Doc.

[48 Pa.B. 6652]
[Saturday, October 20, 2018]

Order

Per Curiam

 And Now, this 4th day of October, 2018, it is Ordered that Section 4 of the Internal Operating Procedures of the Supreme Court is amended as set forth in the following form. The amendments shall be effective immediately.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 63. INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT

§ 63.4. Opinions.

A. Circulation Schedule; Voting; Hold; Reassignment.

 1. Preparation of Opinions.

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 b. Concurrences and Dissents. Justices who are aligned as to the result should collaborate as much as possible to achieve a unified position in responsive opinions. Concurrences and dissents shall be circulated to all members of the Court within forty (40) days of the date [on which votes] of the first scheduled vote on the proposed majority [opinions were due] opinion in single-issue cases and serial capital PCRA appeals, within sixty (60) days in multiple-issue cases, within seventy-five (75) days in capital direct appeals, and within ninety (90) days in first capital PCRA cases. Matters may also be held for additional review by a Justice during these time periods. In Children's Fast Track appeals, concurrences and dissents shall be circulated to all members of the Court within twenty (20) days of the date [on which votes] of the first scheduled vote on the proposed majority opinion [were due].

 Due dates for responsive opinions are calculated from the date of the first scheduled vote on the original proposed majority opinion, regardless of whether the case is moved to a subsequent vote list by the circulation of a responsive opinion. Generally, the first scheduled vote date will remain the threshold date in the calculation, unless the proposed majority opinion is withdrawn or the substantive analysis and/or resolution is substantially altered via a revised opinion. In such instances, the time period is calculated from the date of the first scheduled vote on the revised majority opinion. A majority author's mere defense of an already-existing analysis through revisions in the nature of rejoinder does not alter the time period for response.

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[Pa.B. Doc. No. 18-1612. Filed for public inspection October 19, 2018, 9:00 a.m.]


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