Section 3740. Request to Report Unreported Opinion

Within 30 days after an opinion has been filed as unreported, any person may file an application to report the opinion. Except as noted in the next sentence, grant of the application requires an affirmative majority vote of the commissioned judges. Grant of an application to report an opinion of a single judge or an opinion of a special election panel requires an affirmative two-thirds vote of the commissioned judges.

Official Note

A decision may be reported when it:

(1) etablishes a new rule of law;

(2) applies an existing rule of law to facts significantly different than those stated in prior decisions;

(3) modifies or criticizes an existing rule of law;

(4) resolves an apparent conflict of authority;

(5) involves a legal issue of continuing public interest; or

(6) constitutes a significant, non-duplicative contribution to law because it contains:

(i) an historical review of the law,

(ii) a review of legislative history,

(iii) a review of conflicting decisions among the courts of other jurisdictions.

See also IOP § 412.

The provisions of this Rule 3740 adopted July 16, 2015, 45 Pa.B. 3975.