1133 Amendments to business of the Superior Court and Superior Court internal operating procedures

PART I.  RULES OF APPELLATE PROCEDURE
PART II.  INTERNAL OPERATING PROCEDURES

[210 PA. CODE CHS. 35 AND 65]

Amendments to Business of the Superior Court and Superior Court Internal Operating Procedures

[32 Pa.B. 3076]

Rules of Appellate Procedure, Business of the Superior Court

   The Superior Court of Pennsylvania has amended procedures by which requests for oral argument are made. This policy is reflected in the Pennsylvania Rules of Appellate Procedure--Business of the Superior Court, with the adoption of Rule 3521, appearing in 210 Pa. Code Chapter 35.

Superior Court Internal Operating Procedures

   The Superior Court of Pennsylvania has amended procedures by which requests for oral argument are made. This policy is reflected in the Superior Court Internal Operating Procedures with the deletion of 210 Pa. Code Sec. 65.36(B).

Superior Court Internal Operating Procedures

   The Superior Court of Pennsylvania has reviewed and deleted a section concerning wiretaps. This policy is reflected in the Superior Court Internal Operating Procedures with the deletion of 210 Pa. Code Sec. 65.58.

   These changes became effective June 6, 2002.

ERNEST GENNACCARO,   
Chief Staff Attorney to the
Superior Court of Pennsylvania

   Additions appear in boldface. Deletions appear in boldface and are bracketed.

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE III.  MISCELLANEOUS PROVISIONS

CHAPTER 35.  BUSINESS OF THE
SUPERIOR COURT

APPEALS AND ARGUMENT LISTS

Rule 3521.  Oral Argument; Submission on Briefs.

   In all cases other than post-conviction hearing cases, upon receipt of the appellant's brief, the Prothonotary shall send a reply letter to the appellant asking whether oral argument is requested. If appellant responds in a timely fashion that appellant requests oral argument, the case will be listed for argument. If appellant fails to respond in a timely fashion, the case will be submitted on the briefs, unless otherwise directed by the court on its own motion or upon application.

PART II.  INTERNAL OPERATING PROCEDURES

CHAPTER 65.  INTERNAL OPERATING PROCEDURES OF THE SUPERIOR COURT

DECISIONAL PROCEDURES

§ 65.36.  Submitted Cases.

*      *      *      *      *

   [B.  In all cases other than post-conviction hearing cases, upon receipt of the appellant's brief, the Prothonotary shall send a reply letter to both the appellant and the appellee asking whether oral argument is requested. If the parties agree, the case can be submitted on the briefs. However, if either party requests oral argument, the case shall be listed for argument.]

   [C.] B.  * * *

WIRETAPS

§ 65.58.  [Authority for Application for Consensual Participant Monitoring of Oral Communication within a Suspect's Residence] (Rescinded).

   [The Supreme Court of Pennsylvania, in Commonwealth v. Brion, 539 Pa. 256, 652 A.2d 287 (1994), held that the probable cause determination and warrant requirement for participant monitoring of oral communications within a private home, pursuant to 18 Pa.C.S. § 5704(2), should follow the same procedures set forth in the Wiretap Act, 18 Pa.C.S. § 5701 et seq., for other probable cause determinations.]

[Pa.B. Doc. No. 02-1133. Filed for public inspection June 28, 2002, 9:00 a.m.]