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PA Bulletin, Doc. No. 18-1818

THE COURTS

Title 210—APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCDURES

[ 210 PA. CODE CH. 65 ]

Amendments to the Superior Court Operating Procedures

[48 Pa.B. 7306]
[Saturday, November 24, 2018]

 The Superior Court of Pennsylvania has adopted amendments to its published Operating Procedures. These amendments are reflected in the Superior Court Operating Procedures with amendments to Pa. Code § 65.0 et seq.

 These changes were approved on September 13, 2018, effective on that date.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 65. OPERATING PROCEUDRES OF THE SUPERIOR COURT

MOTIONS PRACTICE

§ 65.26. Notices of Bankruptcy.

 A. A party that has initiated bankruptcy proceedings and has obtained an automatic stay pursuant to the United States Bankruptcy Code shall file a Notice of Bankruptcy with the Prothonotary of this Court. The Notice must include: (1) the federal court that entered the stay, including the court's district, if applicable; (2) the federal court case number; (3) the date of entry of the automatic stay; and (4) the Superior Court docket number. The party shall also include federal filings relevant to the stay including, but not limited to, the Notice of Bankruptcy Case Filing issued by the federal court. The parties shall provide written updates to the Court every six months as to the status of the bankruptcy proceedings.

DECISIONAL PROCEDURES

§ 65.35. Oral Motions.

 A. [When oral motions are considered by the Court at oral argument, or when the Court issues an order sua sponte at oral argument, the presiding judge shall complete the form for the issuance of an appropriate order, which forms shall be available in all Superior Court courtrooms. The Court crier shall transmit the completed form to the Prothonotary for preparation and docketing of a written order.] Oral motions raising again an issue previously denied without prejudice must first be re-raised, in writing by refiling the original motion or preserving the issue in the written brief, before the scheduled argument date.

 B. When oral motions are considered by the Court at oral argument, or when the Court issues an order sua sponte at oral argument, the presiding judge shall inform the Deputy Prothonotary and shall convey to him/her the substance of an appropriate order. The Deputy Prothonotary will then direct the preparation and docketing of the corresponding written order.

[Pa.B. Doc. No. 18-1818. Filed for public inspection November 21, 2018, 9:00 a.m.]


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