§ 63.7. Motions, Miscellaneous Petitions, and Applications for Relief.
A. Duties of Prothonotary. All assignments of motions, miscellaneous petitions and applications for relief, including emergency motions and those requesting the exercise of King’s Bench powers, extraordinary jurisdiction and original jurisdiction, shall originate in the Prothonotary’s office. No motions, petitions or applications will be considered which were not first filed in the Prothonotary’s office and thence assigned. Documents may be filed in paper format, or by electronic or facsimile transmission. Once received, motions, petitions and applications will be monitored by the Prothonotary’s office for compliance with applicable appellate rules. Proposed filings that are not in compliance will not be docketed. Proposed filings that are in compliance will be docketed and a response will be allowed. At the expiration of the response period the documents will be forwarded to the Court.
Procedural motions (e.g., first requests for extension of time for not more than thirty days, requests to exceed page limits, and requests to proceed in forma pauperis) may be resolved by the Prothonotary without further action of the Court.
Requests for extension of time in excess of thirty days, and second or subsequent requests for extension of time, are disfavored and will be granted only upon a showing of good cause. Applications for such extensions will be assigned to the Chief Justice.
(Court Note: Time periods for responses*
Filing Rule Response Period Application for Relief (Extensions) 123 14 Days Jurisdictional Statement 909(b) 14 Days Petition for Allowance of Appeal 1116 14 Days Petition for Allowance of Appeal— Children’s Fast Track Cases 1116(b) 10 Days Reconsideration 1123 No Answer Permitted Petition for Perm. To Appeal 1314 14 Days Petition for Review 1516(c) 30 Days N.B. No Answer Required Unless Petition Contains Notice to Plead Application for Release (Bail) 1762 14 Days Reargument 2545 14 Days Original Process (e.g., Habeas, Mandamus) 3307 14 Days Extraordinary Relief 3309 14 Days
*May be shorter in stay or supersedeas applications when circumstances require, or by court order.)
B. Assignment, Circulation and Disposition. All motions, petitions and applications will be assigned to the Chief Justice, except for emergency motions, motions addressed to a single Justice, and applications for stay of execution in capital cases. In matters assigned to the Chief Justice, the Chief Justice will prepare a memorandum setting forth the positions of the parties and a recommended disposition. Recommendations should be circulated within sixty (60) days from the date the answer is filed or is due to be filed, whichever occurs first, and should contain a proposed disposition date no greater than thirty (30) days from the date of circulation, except in Children’s Fast Track cases, in which recommendations shall be circulated within fifteen (15) days from the date the answer is filed or due to be filed, whichever occurs first, and the proposed disposition date shall be no greater than fifteen (15) days from the date of circulation. A vote of the majority is required to implement the proposed disposition.
Every motion, petition or application shall be decided within sixty (60) days, or within thirty (30) days in Children’s Fast Track cases. A Justice may request that the order record that he or she voted for a different disposition. Orders disposing of motions, petitions and applications shall indicate if a Justice did not participate in the consideration or decision of the matter.
C. Emergency Motions.
1. Assignment. On or before the first Monday in January, the Chief Justice shall publish a calendar of duty assignments for the handling of emergency motions. Two Justices will be assigned by the Chief Justice on a monthly rotating basis to review emergency motions for the Eastern and Western Districts. Cases filed in the Middle District will be assigned alternately between the Eastern and Western District duty Justices.
2. Circulation and Disposition. Any motion assigned to the duty Justice may at the discretion of that Justice be referred to the full Court for consideration, with or without the entry of an interim order.
D. Motions Directed to a Single Justice. A Justice may entertain and may grant or deny any request for relief which may under Pa.R.A.P. 123 or 3315 properly be sought by motion, except that a single Justice may not dismiss or otherwise determine an appeal or other proceeding.
E. Applications for Stay of Execution in a Capital Case or for Review of an Order Granting or Denying a Stay of Execution.
1. Assignment. The application will be assigned to the duty Justice.
2. Circulation and Disposition. The assigned Justice shall promptly circulate a proposed disposition and the application shall be resolved according to the vote of the majority.
F. Reconsideration Applications.
1. Assignment. The Prothonotary shall direct applications for reconsideration to the Justice who entered the order resolving the application.
2. Circulation and Disposition. The assigned Justice shall circulate to the Court a recommended disposition within fourteen (14) days of the date of the assignment, within seven (7) days of the date of assignment in Children’s Fast Track appeals, or as soon as practicable in emergency and stay of execution matters. A Justice who disagrees with the recommended disposition shall circulate a counter-recommendation within fourteen (14) days of the original recommendation, within seven (7) days of the date of the original recommendation in Children’s Fast Track appeals, or as soon as practicable in emergency and stay of execution matters. A vote of the majority is required to grant reconsideration. In any case in which reconsideration has been denied, a Justice may request that the order record that he or she voted to grant reconsideration. All orders shall indicate if a Justice did not participate in the consideration or decision of the matter.
Source The provisions of this § 63.6 amended through September 27, 1995; amended May 18, 2011, 41 Pa.B. 2837; renumbered as § 63.7 and amended January 9, 2013, effective in 30 days, 43 Pa.B. 514; amended May 31, 2013, effective immediately, 43 Pa.B. 3227; amended May 13, 2021, effective immediately, 51 Pa.B. 2962. Immediately preceding text appears at serial pages (367371) to (367372).
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