PART II. INTERNAL OPERATING PROCEDURES [210 PA. CODE CH. 67] Amendments to Commonwealth Court Internal Operating Procedures [33 Pa.B. 2973] Annex A TITLE 210. APPELLATE PROCEDURE PART II. INTERNAL OPERATING PROCEDURES CHAPTER 67. INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT APPELLATE JURISDICTION § 67.29. Decisions; Effect of Disagreements.
(a) If a draft opinion in circulation in any case produces any combination of four or more proposed dissents, objections[, concurrences and concurrences in result,] or concurring opinions, the opinion-writing judge shall not file the opinion but shall notify the president judge to list the case for consideration the next judicial conference. For purposes of this subsection the notation ''concur in result only'' shall not be considered in the foregoing combination. If, pursuant to vote after judicial conference consideration, a majority of all of the judges, as well as a majority of the judges who heard the case or to whom it was submitted on briefs, favor the result reached in the circulated draft opinion, that opinion, together with any concurring or dissenting opinions and notations of concurrences or dissents, shall be filed. Otherwise, if judicial conference consideration and vote does not warrant reassignment in accordance with § 254, the president judge shall list the case for reargument before the court en banc.
* * * * * DECISIONS § 67.57. Reporting of Unreported Opinions.
After an opinion has been filed as unreported, the court, at any time on its own motion or on the motion of any [party to the case] person, may order the opinion to be reported. Motions to report unreported opinions [by parties] shall be filed within 30 days after the filing of the opinion, and may be granted by majority vote of the commissioned judges.
JAMES G. COLLINS,
President Judge[Pa.B. Doc. No. 03-1243. Filed for public inspection June 27, 2003, 9:00 a.m.]
