210 Pa. Code § 65.37. Non-Precedential Decisions (formerly titled Unpublished Memoranda Decisions).

§ 65.37. Non-Precedential Decisions (formerly titled Unpublished Memoranda Decisions).

A.  For purposes of these operating procedures, ‘‘non-precedential decision’’ refers to an unpublished, non-precedential, memorandum decision of the Superior Court filed after May 1, 2019. All references to a memorandum decision filed after May 1, 2019, within these operating procedures shall be analogous to ‘‘non-precedential decision’’ for purposes of Pa.R.A.P. 126(b).

Comment

   The title to this O.P. was changed to reflect the Amendments enacted by the Supreme Court to Pa.R.A.P. 126, effective May 1, 2019. See 278 Appellate Procedural Rules Docket (order amending Pa.R.A.P. 126) (Pa. 2019).
B.  Non-precedential decisions filed after May 1, 2019, may be cited for their persuasive value, pursuant to Pa.R.A.P. 126(b). An unpublished memorandum decision filed prior to May 2, 2019, shall not be relied upon or cited by a Court or a party in any other action or proceeding, except that such a memorandum decision may be relied upon or cited (1) when it is relevant under the doctrine of law of the case, res judicata, or collateral estoppel, and (2) when the memorandum is relevant to a criminal action or proceeding because it recites issues raised and reasons for a decision affecting the same defendant in a prior action or proceeding. When an unpublished memorandum filed prior to May 2, 2019, is relied upon pursuant to this rule, a copy of the memorandum must be furnished to the other party and to the Court.
C.  After an unpublished memorandum decision has been filed, the panel may sua sponte, or on the motion of any party to the appeal, or on request by the trial judge, convert the memorandum to a published opinion. In the case of a motion of any party to the appeal or a request from the trial judge, such motion or request must be filed with the Prothonotary within 14 days after the entry of the judgment or other order involved. The decision to publish is solely within the discretion of the panel.

Source

   The provisions of this §  65.37 amended and effective May 11, 1992, 23 Pa.B. 1939; amended July 7, 2000, effective July 1, 2000, 30 Pa.B. 3429; amended April 20, 2001, effective July 21, 2001, 31 Pa.B. 2108; amended October 10, 2003, effective November 24, 2003, 33 Pa.B. 5075; amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended April 16, 2019, effective April 16, 2019, 49 Pa.B. 2218. Immediately preceding text appears at serial page (394674).

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