Rule 3706. Docketing Statement.
(a) The Prothonotary shall develop such Docketing Statement forms as may be necessary for the purposes of reviewing new matters filed in the Court’s appellate and original jurisdiction and screening matters for the Court’s Mediation Program.
(b) In counseled matters, the Prothonotary shall send, along with the notice of docketing as required by Pa.R.A.P. 907(a) or 1514(a)(3), the relevant Docketing Statement form to counsel for the appellant, petitioner or plaintiff.
(1) Counsel for the appellant, petitioner or plaintiff shall file an original and one copy of the Docketing Statement and all required attachments within ten days of receipt of the notice of docketing.
(2) An unrepresented party shall not be required to file a Docketing Statement.
(c) The party filing the Docketing Statement shall include as attachments:
(1) A statement of issues that shall be no more than two pages in length, and shall set forth a brief summary of the issues and the case sufficient for an understanding of the nature of the appeal, petition for review or complaint. Information in the statement of issues shall be used to screen cases for the Mediation Program, shall not bind any party, and any issue omitted shall not constitute a waiver of the issue before the Court. The statement of issues shall follow the format required by Pa.R.A.P. 124(a).
(2) In matters addressed to the Court’s appellate jurisdiction, a copy of the judgment or order on appeal and any opinion or adjudication issued by the common pleas court or agency.
(3) Proof of Service of the Docketing Statement and all attachments indicating service on all parties in accordance with Pa.R.A.P. 121.
(d) Failure to file a Docketing Statement and all attachments as required may result in the dismissal of the matter.
Official Note
The Commonwealth Court Mediation Program is governed by Section 501 of the Internal Operating Procedures of the Commonwealth Court, 210 Pa. Code § 69.501 (Mediation). Counsel must draft the statement of issues so as to provide all the information required by paragraph (c)(1) and allow for adequate screening for mediation. Counsel should not simply attach a copy of the Pa.R.A.P. 1925(b) statement of errors complained of on appeal filed in the trial court, because that statement would not provide an adequate ‘‘summary of the issues and the case sufficient for an understanding of the nature’’ of the matter. The attachments required by paragraph (c)(2) may include, for example, the trial court order and opinion, the order and adjudication of a zoning hearing board, the decision of a Workers’ Compensation Judge, and similar orders.
Source The provisions of this Rule 3706 adopted January 17, 2020, effective immediately, 50 Pa.B. 651; amended October 2, 2020, effective immediately, 50 Pa.B. 5731. Immediately preceding text appears at serial page (400516).
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