THE COURTS
Title 210--APPELLATE PROCEDURE
PART II. INTERNAL OPERATING PROCEDURES
[210 PA. CODE CH. 65]
Amendments to the Superior Court Internal Operating Procedures
[34 Pa.B. 379] The Superior Court of Pennsylvania has adopted amendments to its Internal Operating Procedures. These amendments are reflected in the Superior Court Internal Operating Procedures with amendments to 210 Pa. Code 65.1 et seq.
These changes were approved on December 24, 2003, effective immediately.
ERNEST GENNACCARO,
Chief Staff Attorney to the
Superior Court of Pennsylvania
Annex A
TITLE 210. APPELLATE PROCEDURE
PART II. INTERNAL OPERATING PROCEDURES
CHAPTER 65. INTERNAL OPERATING PROCEDURES OF THE SUPERIOR COURT
ADMINISTRATIVE OFFICES AND STAFF § 65.5. Panels.
* * * * * B. [A panel shall ordinarily consist of two commissioned judges and one senior judge or specially assigned judge who has been designated to serve on the Superior Court. The President Judge, in his discretion, may in unusual or extraordinary circumstances designate two senior judges or specially assigned judges to serve on a panel. As a member of the panel, a senior judge or specially assigned judge is vested with the same power and authority as that possessed by a commissioned Superior Court Judge.
C.] The President Judge shall appoint the panels, assign cases to the panels, and designate the time, date, and place in which the panels shall sit.
[D.] C. * * *
[E.] D. * * *
[F.] E. * * *
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MOTIONS PRACTICE § 65.21. Motions Subject to Single Judge Disposition.
A. Except as otherwise provided in § 65.22, a single judge of this Court, whether commissioned or specially assigned, may entertain and may grant or deny any request for relief which under the Rules of Appellate Procedure may properly be sought. A party may file an answer to an application, Pa. R.A.P. 123(b); a speaking application shall be verified unless the interest of justice requires action without it, Pa. R.A.P. 123(c); oral argument will not be permitted unless otherwise ordered by the Court, Pa. R.A.P. 123(d). The action of a single judge may be reviewed by the Court.
* * * * * B. All petitions for extension of time shall be referred by the Prothonotary to the motions judge. Such petitions should be acted upon as soon as possible unless the motion judge feels an answer is necessary. Petitions for extension shall be granted only on cause shown and in any event the filing of the brief is required, particularly in criminal cases, even though the right to argue is lost. Central Legal Staff shall be notified of the filing of the motion and the disposition. However, if the petition for extension is accompanied by a substantive motion, such as a motion to quash, remand, or withdraw, Central Legal Staff shall review the motion in an expeditious manner pursuant to the procedures set forth in Section 65.21(C) herein. Notwithstanding any contrary procedure set forth above, all petitions for extension in cases which have been identified as family law fast track cases, upon receipt by the Prothonotary, shall be sent to Central Legal Staff for processing. All such petitions for extension in family law fast track cases shall be presented to a motions judge for disposition within three days of receipt of the petition by Central Legal Staff. Whenever an order is entered granting a petition for extension of time, and the order provides that no further extensions will be granted, any subsequent petition for extension of time shall be referred by the Prothonotary to the judge who issued the original order.
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[Pa.B. Doc. No. 04-86. Filed for public inspection January 16, 2004, 9:00 a.m.]
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