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PA Bulletin, Doc. No. 01-438




[210 PA. CODE CH. 67]

Amendments to Internal Operating Procedures of the Commonwealth Court

[31 Pa.B. 1458]

Annex A




§ 67.53.  Reporting of Opinions; Determination as to Reporting

   A. Each judge who is the author of an opinion of a panel or the court en banc shall indicate, in circulating the opinion to the other members of the court, the authoring judge's recommendation as to whether the opinion should be reported. A decision generally should be reported when it:

   1.  establishes a new rule of law;

   2.  applies an existing rule of law to facts significantly different than those stated in prior decisions;

   3.  modifies or criticizes an existing rule of law;

   4.  resolves an apparent conflict of authority;

   5.  involves a legal issue of continuing public interest; or

   6.  constitutes a significant, non-duplicative contribution to law because it contains:

   (a)  an historical review of the law,

   (b)  a review of legislative history,

   (c)  a review of conflicting decisions among the courts of other jurisdictions.

   B.  The recommendation shall govern the determination as to reporting, unless a majority of the commissioned members of the court disagree with it. Opinions of a [duty] single judge shall be filed but not reported unless, because of the unique character of the case, the executive administrator, the prothonotary or the authoring judge shall recommend that the opinion be reported and a two-thirds majority of the [active] commissioned members of the court shall concur with the recommendation.

§ 67.55.  Reporting of Opinions; Certain Decisions not to be Cited.

   [Unreported opinions of the court shall not be cited in any opinion of this court or in any brief or argument addressed to it, except that any opinion filed in the same case may be cited as representing the law of the case. A one-judge opinion, even if reported, shall be cited only for its persuasive value, not as a binding precedent.] Unreported opinions of the court shall not be relied upon or cited by a Court or party in any other action or proceeding, except that such a memorandum decision may be relied upon or cited when it is relevant under the doctrine of law of the case, res judicata, or collateral estoppel. When an unreported memorandum opinion is relied upon pursuant to this rule, a copy of the memorandum must be attached to the brief. A single-judge opinion, even if reported, shall be cited only for its persuasive value, not as a binding precedent. This rule shall be effective retroactively, so as to apply to opinions filed before the effective date of this section, as well as to opinions filed in the future.

§ 67.57.  Reporting of Unreported Opinions.

   After an opinion has been filed as unreported, the court, at any time on its own motion or on the motion of any party to the case, may order the opinion to be reported. Motions to report unreported opinions by parties shall be filed within 30 days after the filing of the opinion, and may be granted by majority vote of the commissioned judges.

[Pa.B. Doc. No. 01-438. Filed for public inspection March 16, 2001, 9:00 a.m.]

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