Pennsylvania Code (Last Updated: April 5, 2016) |
Title 210. APPELLATE PROCEDURE |
PART II. INTERNAL OPERATING PROCEDURES |
Chapter 65. OPERATING PROCEDURES OF THE SUPERIOR COURT |
Section 65.22. Motions Review Subject to Motions Panel Disposition
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A. Motions to Quash or Dismiss Appeals, Petitions for Permission to Appeal pursuant to Pa.R.A.P. 312, 13011323 and 42 Pa.C.S. § 702(b), and Petitions for Review pursuant to Pa.R.A.P. 1501 et seq. shall be subject to review and disposition by a panel of three judges.
B. After a motion subject to this Rule has been filed with the Prothonotarys office, the Prothonotary shall forward the motion to Central Legal Staff which shall prepare and circulate to the motions panel a legal memorandum and recommendation.
1. Votes thereon shall be due three weeks from the date on which the motion and accompanying documents are sent by Central Legal Staff, unless the case has been designated Childrens Fast Track or Other Family Fast Track.
2. Votes on cases which have been identified as Childrens Fast Track or Other Family Fast Track shall be due two weeks from the date on which the motion and accompanying documents are sent by Central Legal Staff.
C. If, in reviewing motions to be referred to a motions panel, Central Legal Staff determines that the motion is patently defective or the appeal is clearly defective or can be disposed of based upon established case law, the motion may be presented to the assigned motions judge.
The provisions of this § 65.22 amended November 11, 1994, effective September 29, 1994, 24 Pa.B. 5651; amended December 27, 1996, effective January 1, 1997, 26 Pa.B. 6180; amended February 7, 1997, effective February 10, 1997, 27 Pa.B. 715; amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended October 25, 2007, effective immediately, 37 Pa.B. 6200; amended March 16, 2009, effective immediately, 39 Pa.B. 1613. Immediately preceding text appears at serial pages (331671) to (331672).