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PA Bulletin, Doc. No. 22-1139

THE COURTS

Title 210—APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

[210 PA. CODE CH. 65]

Amendments to the Superior Court Operating Procedures

[52 Pa.B. 4231]
[Saturday, July 30, 2022]

 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 §§ 65.2, 65.3, 65.7, and 65.12.

 These changes were approved on June 30, 2022, effective on that date.

 [Additions appear in boldface. Deletions are bracketed and boldface.]

Annex A

TITLE 210. APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 65. OPERATING PROCEDURES OF THE SUPERIOR COURT

ADMINISTRATIVE OFFICES AND STAFF

§ 65.2. Prothonotary.

 A. The Prothonotary is an officer of the Superior Court who is charged with the clerical duties and responsibilities of the business of the Court. The duties and responsibilities of the Prothonotary include but are not limited to:

 1. keeping the records and seal of the Court;

 2. issuing, processing, and entering judgments and orders at the direction of the Court;

 3. certifying copies from the records of the Court;

 4. scheduling all hearings and arguments before the Court, preparing the calendar, and coordinating judicial schedules;

 5. supervising the collection of all fees collected by the Court and ensuring the proper receipt and distribution of such fees; overseeing the preparation of the Court's official record of proceedings, attesting to their accuracy, and providing for distribution;

 [6. overseeing the preparation of the Court's official record of proceedings, attesting to their accuracy, and providing for distribution;]

 6. [7.] promptly securing all records wherein appeals have been filed and, where provided by Rule of Appellate Procedure, dismissing an appeal for failure to comply with the Rules or Order of the Court;

 7. prepare the daily judgment lists for the Reporter to post pursuant to O.P. 65.3.B; and

 8. any other such duties as required by the Court.

 B. Opinions filed with the Prothonotary are to be made available to the parties and the public promptly thereafter.

 [Amended June 30, 2022, imd. effective]

§ 65.3. Reporter.

 A. The Reporter shall be a member of the administrative staff of the Court whose duties and responsibilities include:

 1. maintaining accurate journals and recording the votes and miscellaneous correspondence on all opinions, memoranda, and petitions for reargument for each case before the Court;

 2. preparing statistical reports, in cooperation with the legal systems coordinator, which shall indicate the number of decisions rendered each year by the Court;

 3. compiling assignment lists and records of the case assignments of the judges;

 4. maintaining a record of all panels and compiling paperbooks which shall be kept until cases have been reported to the printer;

 5. preparing and preserving for a reasonable period of time correspondence to and from the Superior Court printer[.]; and

 6. preparing a digest to inform the Court of recent Supreme Court and en banc Superior Court decisions.

 B. In conjunction with the Prothonotary's responsibility pursuant to O.P. 65.2.A.7, the Reporter shall verify and post the daily judgment lists of the Court.

 [Amended June 30, 2022, imd. effective]

§ 65.7. Central Legal Staff.

 Central Legal Staff is an office of the Court created for the purpose of assisting the Court in:

 1. reviewing and processing motions;[,]

 2. preparing memos for the Court as directed;[,]

 3. screening cases;[,]

 4. [certifying cases] reviewing proposed decisions to advise the Court of apparent conflicts or of conflict-clearance;[, preparing a newsletter to inform the Court of recent Supreme and Superior Court decisions,] and

 5. accepting such other responsibilities as may be assigned by the Court or the President Judge.

 [Amended June 30, 2022, imd. effective]

§ 65.12. Initial Review of Docketing Statements.

 Central Legal Staff is responsible for the screening of docketing statements filed pursuant to Pa.R.A.P. 3517. These statements are to be initially screened to determine if the appeal is jurisdictionally or procedurally defective. Failure to file a timely docketing statement may result in dismissal of the appeal. However, [N]no appeal shall be subject to being quashed or dismissed on the basis of review of the completed docketing state-ment [review] alone; rather, if [a defect is apparent] a potential defect is identified, a rule-to-show-cause order shall issue to the appellant as to why the appeal should not be quashed or dismissed [letter shall be addressed to counsel to verify same]. Following notification to counsel, the appeal is subject to being quashed or dismissed by the assigned monthly motions judge.

 [Amended June 30, 2022, imd. effective]

[Pa.B. Doc. No. 22-1139. Filed for public inspection July 29, 2022, 9:00 a.m.]


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