PART I. RULES OF APPELLATE PROCEDURE [ 210 PA. CODE CH. 37 ] Amendments to Rules 3702, 3709, 3712, 3714, 3715, 3751 and 3761 [43 Pa.B. 3225]
[Saturday, June 15, 2013]The Commonwealth Court on May 14, 2013 unanimously approved the following amendments to Chapter 37 of the Pennsylvania Rules of Appellate Procedure governing Business of the Commonwealth Court.
Annex A TITLE 210. APPELLATE PROCEDURE PART I. RULES OF APPELLATE PROCEDURE ARTICLE III. MISCELLANEOUS PROVISIONS CHAPTER 37. BUSINESS OF THE COMMONWEALTH COURT THE COMMONWEALTH COURT Rule 3702. Office of the Prothonotary.
All business of the Commonwealth Court, except as otherwise provided by law, by these rules or by order of court, shall be administered through the [principal] Office of the [Prothonotary] Chief Clerk maintained by the court at the seat of government in the City of Harrisburg. All matters within the jurisdiction of the court may be filed in the [principal] Office of the [Prothonotary or in the filing office of the court maintained in the City of Philadelphia for transmission to the principal Office of the Prothonotary] Chief Clerk. Writs or other process issuing out of the court shall exit [only from the principal Office of the Prothonotary] from the Office of the Chief Clerk and shall be returnable there.
* * * * * ORIGINAL MATTERS Rule 3709. Designation of Legal Aid Sources.
Whenever a matter not subject to Chapter 15 (judicial review of governmental determinations) is brought before the Commonwealth Court within its original jurisdiction, the following names and related information shall be included in the notice to defend set forth in the complaint pursuant to [Pa.R.Civ.P.] Pa.R.C.P. No. 1018.1:
[Central Pennsylvania Legal Services, Inc.]
MidPenn Legal Services
[213] 213-A North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-0581and
[Public Services and Lawyers Referral
Committee,]
Dauphin County Lawyer Referral Service
Dauphin County Bar Association
213 North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-7536* * * * * LISTING OF CASES FOR ARGUMENT Rule 3712. [Manner] Method of Listing of Cases.
Subject to the time limitations and conditions of [Rule] 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 [Rule] Pa.R.A.P. 1542 (oral argument and evidentiary hearing) in which no order for an evidentiary hearing has been entered, shall be listed for argument by the [Prothonotary] Chief Clerk on a specified date, of which notice shall be given by the [Prothonotary] Chief Clerk to the parties.
(2) An election case shall be argued before the [judge] 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] Chief Clerk on a specified date upon order of the judge to whom the case was assigned or upon praecipe of either party certifying that it is at issue for argument, and notice shall be given by the [Prothonotary] Chief Clerk to the parties of the date fixed.
(4) A matter, except a matter subject to [Rule] 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] Chief Clerk for argument upon the order of the President Judge or the judge before whom the record has been made.
* * * * * Rule 3714. Listing of Cases and Briefing Schedules.
(a) Matters heard solely on certified record. An appeal from a court of common pleas and each other matter which under the applicable law is required to be determined by the court upon the record before the government unit below shall be eligible for listing for argument after the record has been filed. When all briefs and reproduced records have been filed, the [Prothonotary] Chief Clerk shall list the case for oral argument on a specified date and shall give at least ten days written notice by first class mail to all parties of the date scheduled for the argument. The Court may direct any matter to be submitted on briefs without oral argument.
(b) Original jurisdiction matters. A matter commenced in whole or in part within the original jurisdiction of the court including matters under [Rule] Pa.R.A.P. 1571 (determinations of the Board of Finance and Revenue) when at issue for argument on preliminary matters or after the record has been made shall be listed for oral argument [on a specified date with at least 70 days written notice of that date to all parties. In every such case, not more than 30 days after the date of such notice, the moving party shall file 15 copies of his brief with the Prothonotary, and shall concurrently serve upon the responding party one copy of his brief. The responding party, not more than 60 days after the date of such notice, shall file 15 copies of his brief with the Prothonotary, and shall concurrently serve upon the moving party one copy of his brief] after the court establishes a briefing schedule.
* * * * * Rule 3715. Distribution of Briefs.
The [Prothonotary] Chief Clerk shall distribute to each judge who is to hear an argument, whether en banc or before a panel, at least five days before the argument date, copies of all briefs and reproduced records [which] that have been filed by the parties.
* * * * * COSTS Rule 3751. Taxation of Costs.
A party who desires costs to be taxed under [Rule] Pa.R.A.P. 2762(b) (procedure for collection of costs on appeal) shall state them in an itemized and verified bill of costs which such party shall file with the [Prothonotary] Chief Clerk within 14 days after entry of the judgment or other final order.
* * * * * ENFORCEMENT PROCEEDINGS Rule 3761. Enforcement Proceedings.
* * * * * (c) Hearing and Notice. Upon the filing of a petition to enforce, the court will issue an order setting a date for a hearing and a date by which the respondent must answer the petition. The petitioner shall serve the court's order upon the respondent in the manner prescribed by [Rules] Pa.R.A.P. 121 and 122.
* * * * * Official Note: [Rule 3761 (relating to enforcement proceedings) has been promulgated by the Commonwealth Court of Pennsylvania pursuant to authority granted to it by Pa.R.A.P. 104. The rule was made necessary by the opinion issued by the Supreme Court of Pennsylvania in Pennsylvania Human Relations Commission v. School District of Philadelphia, 732 A.2d 578 (Pa. 1999), in which the Court held that the ''rules of appellate procedure, rather than the rules of civil procedure, govern enforcement proceedings in Commonwealth Court.
Prior to the Supreme Court ruling in PHRC, Commonwealth Court had treated enforcement proceedings as matters resting within the Court's original jurisdiction and thereby governed in part by the rules of Appellate Procedure and in part by the Rules of Civil Procedure. In PHRC, the Supreme Court made clear that enforcement proceedings are within Commonwealth Court's appellate jurisdiction and that only the Rules of Appellate Procedure apply. The Supreme Court's ruling left a void, however, because the Rules of Appellate Procedure did not prescribe specific procedures governing enforcement proceedings.
Consistent with PHRC, therefore, Rule 3761 was adopted to establish a Rule of Appellate Procedure to codify the practice which the Commonwealth Court had theretofore followed in enforcement proceedings when those proceedings were regarded as matters within the Court's original jurisdiction. This special rule governing Commonwealth Court practice adheres to the Supreme Court's opinion in PHRC and should prove to be of benefit to both the bench and bar.]
Pa.R.A.P. 3761 implements Pennsylvania Human Relations Commission v. School District of Philadelphia, 557 Pa. 126, 132, 732 A.2d 578, 581 (1999), in which the Court held that ''just as enforcement proceedings are not originally commenced in Commonwealth Court, they are also in the appellate, rather than the original, jurisdiction of the court. It then follows that the rules of appellate procedure, rather than the rules of civil procedure, govern enforcement proceedings in Commonwealth Court.'' This analysis was confirmed in Department of Environmental Protection v. Township of Cromwell, 613 Pa. 1, 32 A.3d 639 (2012). Petitions for enforcement are not within any other provisions of the Rules of Appellate Procedure. Thus absent Pa.R.A.P., 3761, there would be no clear method of presenting enforcement actions to the Commonwealth Court.
[Pa.B. Doc. No. 13-1072. Filed for public inspection June 14, 2013, 9:00 a.m.]
