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PA Bulletin, Doc. No. 05-923

THE COURTS

Title 210--APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

[210 PA. CODE CH. 63]

Amendments to the Internal Operating Procedures of the Supreme Court; No. 371 Supreme Court Rules; Doc. No. 1

[35 Pa.B. 2854]

Order

Per Curiam:

   And Now, this 29th day of April, 2005, it is ordered that Section IV of the Internal Operating Procedures of the Supreme Court is amended as set forth in Annex A.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 63. INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT

§ 63.4. Opinions.

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   B.  Labeling.

   1.  Majority. An opinion will be labeled ''Opinion'' when a majority of the Court joins the opinion.

   Proposed majority opinions that involve multiple, complex issues which the Justice believes may garner disparate votes should be divided into sections. See, e.g., Phillips v. Cricket Lighters, 841 A.2d 1000 (Pa. 2003). If there is a split on an opinion that has been divided into sections, the author of the lead opinion will be responsible for preparing a short introductory explanatory statement regarding the breakdown of votes.

   2.  Concurrences and Dissents. An opinion is a ''concurring opinion'' when it agrees with the result of the lead opinion. A Justice who agrees with the result of the lead opinion, but does not agree with the rationale supporting the lead opinion, in whole or in part, may write a separate ''concurring opinion.'' An opinion is a ''dissenting opinion'' when it disagrees with the result of the lead opinion. An opinion is ''concurring and dissenting opinion'' only when there is more than one result and the Justice agrees with one or more of the results, but not the other(s). Alternatively, a Justice may choose to ''concur in result'' or ''dissent'' without writing a separate opinion.

   C.  Reargument Petitions.

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[Pa.B. Doc. No. 05-923. Filed for public inspection May 13, 2005, 9:00 a.m.]


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