Rule 3712. Manner of Listing of Cases.
Subject to the time limitations and conditions of Pa.R.A.P. 3713 (argument en banc or before a panel) where applicable:
(1) Each appeal from a court of common pleas, each other matter which under the applicable law is required to be determined by the Court upon the record before the government unit below, and each matter subject to Pa.R.A.P. 1542 (Evidentiary Hearing) in which no order for an evidentiary hearing has been entered, shall be listed for argument by the Prothonotary on a specified date, of which notice shall be given by the Prothonotary to the parties.
(2) An election matter shall be argued before the Judge or Judges to whom it is assigned immediately after the record is closed and briefs shall be submitted to the Court at or before argument as directed.
(3) An appeal or petition for review (except a matter subject to Paragraphs (1) or (2) of this rule) which under the applicable law may be determined in whole or in part upon the record made before the Court, shall be listed for argument by the Prothonotary on a specified date upon order of the Judge to whom it is assigned or upon praecipe of either party certifying that it is at issue for argument, and notice shall be given by the Prothonotary to the parties of the date fixed.
(4) A matter, except a matter subject to Pa.R.A.P. 1542, commenced in the Court within its original jurisdiction when at issue for argument on preliminary matters or after the record has been made shall be listed by the Prothonotary for argument upon the order of the President Judge or the Judge before whom the record has been made.
Official Note
Based upon former Commonwealth Court Rule 31A to D.
Source The provisions of this Rule 3712 amended May 14, 2013, 43 Pa.B. 3225; amended January 17, 2020, effective immediately, 50 Pa.B. 651. Immediately preceding text appears at serial pages (377824) to (377825).
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