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PA Bulletin, Doc. No. 23-317

THE COURTS

Title 210—APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

[210 PA. CODE CH. 69]

Amendments to the Internal Operating Procedures of the Commonwealth Court of Pennsylvania; No. 126 Misc. Docket No. 3

[53 Pa.B. 1397]
[Saturday, March 11, 2023]

Order

 Now, this 1st day of March, 2023, it is Ordered that the Internal Operating Procedures of the Commonwealth Court of Pennsylvania are hereby amended in the following form. These amendments shall be effective immediately upon publication in the Pennsylvania Bulletin.

By the Court

RENÉE COHN JUBELIRER, 
President Judge

Annex A

TITLE 210. APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 69. INTERNAL OPERATING PROCEDURES OF THE
COMMONWEALTH COURT OF PENNSYLVANIA

DECISIONS

§ 69.412. Reporting of Opinions; Determination as to Reporting.

*  *  *  *  *

 (b) Except as provided in subsection (c) (relating to single Judge opinions in election law matters), opinions of a single Judge shall be filed but not reported unless, because of the unique character of the case, the Chief Legal Counsel or the authoring Judge shall recommend that the opinion be reported [and two-thirds of the Commissioned Judges shall concur with the recommendation]. The recommendation shall be transmitted to the Court, together with a copy of the opinion and order, requesting the Judges to indicate any disagreement as to the writer's recommendation concerning reporting. If two-thirds of the Commissioned Judges vote to agree with the recommendation concerning reporting, the opinion and order shall be reported.

 (c) Opinions of a single Judge or a special Court en banc or panel in election law matters, original and appellate jurisdiction, shall be filed but not reported. Thereafter, the Chief Legal Counsel or authoring Judge may recommend that the opinion be reported. The recommendation shall be transmitted to the Court, together with a copy of the [unreported] opinion and order, requesting the Judges to indicate (1) their agreement or disagreement with the opinion and order, and (2) any disagreement as to the writer's recommendation concerning reporting. If two-thirds of the Commissioned Judges vote [or] to agree with the opinion and order and the recommendation concerning reporting, the [unreported] opinion and order shall be reported.

§ 69.414. Citing Judicial Opinions in Filings.

*  *  *  *  *

 (d) A reported opinion of a single Judge filed after October 1, 2013, in an election law matter may be cited as binding precedent in an election law matter only. For purposes of § 414, ''an election law matter'' is one that [involves the content of a ballot for the next ensuing election] implicates matters related to the pending or future elections.

§ 69.416. Reporting of Unreported Opinions.

 After an opinion has been filed as unreported, the Court, at any time on its own motion or on the applica-tion of any person, may order the opinion to be reported. Applications to report unreported opinions shall be filed within 30 days after the filing of the opinion, and, except as otherwise provided in § 69.412(b) and § 69.412(c), may be granted by majority vote of the Commissioned Judges.

[Pa.B. Doc. No. 23-317. Filed for public inspection March 10, 2023, 9:00 a.m.]


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