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PA Bulletin, Doc. No. 21-982

THE COURTS

Title 210—APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

[ 210 PA. CODE CH. 65 ]

Amendments to the Superior Court Operating Procedures

[51 Pa.B. 3441]
[Saturday, June 26, 2021]

 The Superior Court of Pennsylvania has adopted amendments to its published Operating Procedures. The amendments are reflected in the Superior Court Operating Procedures with the amendment of Pa. Code § 65.41.

 These changes were approved on June 10, 2021, effective immediately.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 65. OPERATING PROCEDURES OF THE SUPERIOR COURT

DECISIONAL PROCEDURES

§ 65.41. Argument Before a Court En Banc.

 A. When argument before [an en banc Court] a Court En Banc is granted, the President Judge shall direct the Prothonotary to schedule such argument at the next available session. The judges to hear argument shall be selected by the President Judge [and shall include, insofar as practicable, the author of the panel opinion, the author of a dissenting opinion, and, where appropriate, the author of a prior opinion which is being reconsidered. Assignments to the Court en banc as far as possible shall be equalized during the course of each year]. The presiding judge shall be the commissioned judge highest in seniority except when the Court [en banc] En Banc includes the President Judge, who shall then be the presiding judge.

 B. Where en banc argument is limited to one or more but less than all issues raised by an appellant, counsel shall be notified regarding the specific issues on which the Court [en banc] En Banc desires to hear argument.

 C. Before or after argument before the Court [en banc] En Banc, the Court may vote that en banc consideration was improvidently granted. In such event, the previous panel decision in the matter shall be reinstated or, if there is no previous panel decision in the matter, the case shall be listed before the next available panel of this Court.

 D. In the event that a party seeks to remove en banc status and reinstate a panel's decision, such request must be made by motion and is subject to full court review.

 E. In the event that a party in another appeal has raised an issue for which the Court has granted Reargument, the Court shall stay such appeal pending the decision of the en banc panel.

 F. The Court may decide to stay the case sua sponte or upon a motion that a party files.

[Pa.B. Doc. No. 21-982. Filed for public inspection June 25, 2021, 9:00 a.m.]


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