2095 Amendments to the internal operating procedures of the supreme court; no. 348 judicial administration doc.

Title 210—APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

[ 210 PA. CODE CH. 63 ]

Amendments to the Internal Operating Procedures of the Supreme Court; No. 348 Judicial Administration Doc.

[40 Pa.B. 6387]
[Saturday, November 6, 2010]

Order

Per Curiam

 And Now, this 25th day of October, 2010, it is ordered that the Internal Operating Procedures of the Supreme Court are amended in Section 10 as set forth in Annex A.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 63. INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT

§ 63.10. Certification of Questions of Law.

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 C. Assignment and Disposition. The prothonotary shall refer Certification Petitions to the Chief Justice. The Chief Justice will prepare memoranda setting forth the positions of the parties and a recommended disposition. Vote proposals shall be circulated within thirty days from the date of assignment, and shall contain a proposed disposition date no greater than thirty days from the date of circulation. A vote of the majority of those participating is required to implement the proposed disposition.

 Every Certification Petition shall be decided within sixty days. Orders disposing of Certification Petitions shall include the names of any justices who did not participate in the consideration or decision of the matter.

 Upon acceptance of certification, the prothonotary shall:

 1. Issue an order accepting certification, which shall specify the questions of law for which certification was accepted, and whether the case is to be submitted on briefs or designated by the Court to be heard at the argument session;

 2. Establish a briefing schedule;

 3. If oral argument is granted, list the matter for oral argument; and

 4. Take such further action as this Court directs.

 After certification is accepted, an amicus curiae brief may be submitted without prior leave of Court. Such briefs shall be filed and served in the manner and within the time directed by the Prothonotary.

 D. Reconsideration. A vote of the majority is required to grant reconsideration.

Rules Regarding Certification of Questions of Pennsylvania Law

 The Pennsylvania Supreme Court, by Order of Jan. 12, 2000, 30 Pa.B. 519, provided that:

 1. Any of the following courts may file a Certification Petition with this Court:

 a. The United States Supreme Court; or

 b. Any United States Court of Appeals.

 2. A court may file a Certification Petition either on the motion of a party or sua sponte.

 3. A Certification Petition shall contain the following:

 a. A brief statement of the nature and stage of the proceedings in the petitioning court;

 b. A brief statement of the material facts of the case;

 c. A statement of the question or questions of Pennsylvania law to be determined;

 d. A statement of the particular reasons why this Court should accept certification; and

 e. A recommendation about which party should be designated Appellant and which Appellee in subsequent pleadings filed with this Court.

 f. The petitioning court shall attach to the Certification Petition copies of any papers filed by the parties regarding certification, e.g., a Motion for Certification, a Response thereto, a Stipulation of Facts, etc.

[Pa.B. Doc. No. 10-2095. Filed for public inspection November 5, 2010, 9:00 a.m.]