Section 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 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 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 after the court establishes a briefing schedule.

(c) Extensions of Time to File Briefs or Reproduced Record. A party may submit a written request for an extension of time to file briefs or the reproduced record, which the chief clerk may grant, if the requested extension is: (1) for thirty days or less; (2) the first one sought; and (3) unopposed by all other parties. If any of the three enumerated criteria do not exist, the party must submit its extension request by formal application. The prothonotary, chief clerk or deputy prothonotary may act on the formal application.

Official Note

Under Rule 105 the court may reduce or enlarge any of the time periods specified in the rule. Preliminary matters referred to in Subdivision (b) include preliminary objections, motions for judgment on the pleadings, motions for summary judgment and motions to quash.

See Pa.R.A.P. 123 regarding the form of an application for relief, which is necessary if the three requirements in Pa.R.A.P. 3714(c) cannot be met.

The provisions of this Rule 3714 amended through December 10, 1986, effective January 31, 1987, and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 16 Pa.B. 4951; amended May 14, 2013, 43 Pa.B. 3225; amended June 16, 2015, 45 Pa.B. 3975. Immediately preceding text appears at serial pages (367361) to (367362).