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PA Bulletin, Doc. No. 14-2054

THE COURTS

PART II. INTERNAL OPERATING PROCEDURES

[ 210 PA. CODE CH. 65 ]

Amendments to the Superior Court Operating Procedures

[44 Pa.B. 6223]
[Saturday, October 4, 2014]

 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 § 65.0 et seq.

 The changes to the title of Chapter 65 and § 65.5 were approved on September 11, 2013 and the changes to §§ 65.21, 65.23, 65.24 and 65.38 were approved on August 25, 2014; effective on those dates.

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.

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 F. If, following argument or submission, a member of the three judge panel assigned to decide an appeal becomes unavailable, and the remaining two judges are unable to decide the appeal, they shall request the President Judge or his/her designee to either reassign the appeal for reargument or submission before another panel, or they may request that the appeal be reargued before a court en banc. If the full court shall decline to accept the appeal for reargument before a court en banc, the President Judge or his/her designee shall reassign the same to another three judge panel for reargument or submission and decision.

 G. Cases remanded to this Court from the Supreme Court for further disposition shall be returned to the panel originally assigned to the case. In the event that the original panel cannot be reconstituted, for instance as a result of retirement from the court, the president judge, in consultation with any remaining members of the merits panel, will create a new argument or submission panel depending on the nature of the remand. If an en banc case is remanded, the president judge will determine if the case can be submitted or argued to the same members of the original en banc court or whether the case should be reargued or submitted to a new en banc court which would include as many members of the original en banc panel as feasible.

MOTIONS PRACTICE

§ 65.21. Motions Review Subject to Single Judge Disposition.

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 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 motions judge feels an answer is necessary.

 1. 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] 65.21(D). [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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 D. Central Legal Staff, upon receiving an application for relief pursuant to subsection C, shall review the application and prepare a recommendation and present the application and recommendation to the assigned motions judge at a time and place convenient to the motions judge. Central Legal Staff may also present recommendations for sua sponte orders deemed necessary to correct or clarify preliminary procedural matters.

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§ 65.23. Discontinuances.

 [A. Before argument or submission of a case on briefs, an appeal may be withdrawn without approval of the Court.

 B. After argument or submission of a case on briefs, a petition for discontinuance is referred to the presiding judge of the panel. The panel will determine whether to grant or deny the petition.

Comment

 Fugitive appeals will be quashed rather than discontinued on motion of the District Attorney or sua sponte by the Court. See Pa.R.A.P. 1972(6), Commonwealth v. Passaro, 504 Pa. 611, 476 A.2d 346 (1984).]

 A. Discontinuances shall be reviewed pursuant to Pa.R.A.P. 1973.

 B. Fugitive appeals will be quashed rather than discontinued on motion of the District Attorney or sua sponte by the Court. See Pa.R.A.P. 1972(6), Commonwealth v. Passaro, 504 Pa. 611, 476 A.2d 346 (1984).

§ 65.24. [Pro Se Policy] Hybrid Representation.

 [All pro se petitions, motions, and briefs shall be filed in this Court and docketed by the Prothonotary. If the litigant himself or herself files a petition, motion, or brief and is represented by counsel, copies of the said document filed shall be forwarded to his or her counsel of record.]

 Where a litigant is represented by an attorney before the Court and the litigant submits for filing a petition, motion, brief or other type of pleading in the matter, it shall not be accepted for filing, but noted on the docket and forwarded to counsel of record.

Exceptions:

 1. A pro se notice of appeal received from the trial court shall be docketed, even in instances where the pro se was represented by counsel in the trial court.

 2. A motion by the pro se for appointment of new counsel, for reasons such as abandonment by counsel, or to proceed pro se shall be docketed and referred to Central Legal Staff, or the merits panel if constituted, for review and further action by the Court.

 3. A pro se brief or writing filed in response to counsel's petition to withdraw from representation.

DECISIONAL PROCEDURES

§ 65.38. Petition for Reargument.

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 D. [Untimely petitions for reargument shall be referred immediately by Central Legal Staff to the President Judge for entry of an order dismissing the petition.] Following a decision by the merits panel, motions or petitions dealing with clarification, costs or sanctions, requests for publication pursuant to § 65.37, and petitions for extension of time to file an application for reargument will be referred to the merits panel for review and disposition. Untimely reargument applications shall be referred immediately by Central Legal Staff to the President Judge for entry of an order dismissing the application.

[Pa.B. Doc. No. 14-2054. Filed for public inspection October 3, 2014, 9:00 a.m.]


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