Internal Operating Procedures of the Supreme Court 

(Revised April 1, 2020)

Introduction.
Preamble.
Decisional Procedures:  Argued and Submitted Cases.
Opinions.
Non-Capital Direct Appeals.
Allowance of Appeal.

1.
2.
3.
4.
5.
6.
7. Motions, Miscellaneous Petitions and Applications for Relief.
8.
9.

Certification of Questions of Law.
Photographing,  Recording  and  Broadcasting  of  Supreme  Court  Proceedings  by 
the Pennsylvania Cable Network (“PCN”).
Communications to the Court in Pending Cases.
Quorum.
Suspension of Procedures.
Temporary Judicial Assignments to the Supreme Court

10.
11.
12.
13.

§ 1.

Introduction. 

§ 2. Preamble. 

The  Internal  Operating  Procedures  are  intended  to  implement  Article  V  of  the 
Constitution  of  Pennsylvania,  statutory  provisions,  the  Pennsylvania  Rules  of 
Appellate Procedure and the customs and traditions of this Court. No substantive 
or procedural rights are created, nor are any such rights diminished.  

A.
B.

C.

D.

In the discharge of judicial duties, every Justice is responsible to the Court.
In  its  discharge  of  judicial  functions,  the  Court  is  the  responsibility  of  every
Justice.
All Justices bear an equal responsibility for the proper disposition of every matter
before the Court.
The assignment of a given matter to a single Justice is solely for the efficiency of
the  Court,  and  neither  enhances  the  power  of  the  assigned  Justice  nor
diminishes the duty of the remaining Justices as to its proper disposition.

In furtherance of the duties expressed in the preamble, the following procedures,
which  may  be  amended  without  notice  as  circumstances  require,  have  been
adopted by the Court:

1 

Direct appeals from a judgment of sentence of death (“capital direct 
appeals”).  
Cases in which allowance of appeal (‘‘allocatur’’) has been granted, 
unless  the  Court has ordered  that  the  appeal be  submitted  on  the 
briefs. 
All other cases that have been designated by the Court as suitable 
for  oral  argument,  including  but  not  limited  to  non-capital  direct 
appeals and Post Conviction Relief Act (“PCRA”) appeals. 

Assignments.  Each  day  following  oral  argument  the  Court  shall  meet  in 
conference to discuss the cases argued that day. The Chief Justice shall 
preside  at  the  conference,  lead  the  Court’s  discussion,  and  call  for  a 
tentative vote on the decision of each case.  The Justices shall vote in an 
inverse order of seniority.  

rgued cases, except for non-capital direct appeals, shall be assigned at 
conference by the senior Justice in the majority position in such a manner 
as  to  achieve  equal  distribution  of  assignments  and  to  avoid  delay  in 
deciding  cases.    If  it  appears that  due  to  illness  of  a  Justice  or for some 
other reason this purpose is not being served, the Chief Justice may, as a 
matter of his or her discretion, alter the assignment order.  

An  argued  non-capital  direct  appeal  will  be  assigned  to  the  Justice  who 
prepared the disposition memorandum, unless after conference vote his or 
her  position  is  not  aligned  with  that  of  the  majority,  in  which  case  the 
assignment shall be made by the senior member of the majority.  

If a  Justice  to  whom  a  case  has  been  assigned  subsequently  decides  to 
change his or her position on the proper decision of the case and ceases 
to be aligned with the conference majority view, he or she shall provide a 
draft opinion or proposed order along with an explanation of the change of 
position.  

2 

 

a. 

b. 

c.  

  A

 

 

 

 

 

. 

  3

1. 

Argument  Session  Schedule.  Unless  otherwise  ordered  by  the  Court, 
argument  sessions  shall  be  scheduled  for  one-week  periods  during  the 
months  of  March,  April,  May,  September,  October  and  December.  Daily 
arguments shall begin at 9:30 a.m. unless otherwise designated.  

§ 3.  Decisional Procedures:  Argued and Submitted Cases. 

Argued Cases  

. 

  A

 

 

2. 

Listing  of  Cases.    The  following  cases  shall  be  listed  for  oral  argument 
upon completion of the briefing schedule or as soon as practicable: 

   

 

   

 

 

When the Court has determined, either upon motion of the parties in advance of 
oral  argument  or  sua  sponte,  that  a  case  shall  be  decided  on  the  submitted 
briefs,  the  Prothonotary  shall  direct  the  case  to  the  Court  for  disposition  upon 
completion  of  the  briefing  schedule  or  as  soon  as  practicable.    PCRA  appeals 
shall be submitted on the briefs unless otherwise directed by the Court on its own 
motion or upon application, in accordance with Pa.R.A.P. 2311(b).   

The Chief Justice will assign submitted cases in a rotation schedule by seniority, 
except for non-capital direct appeals, which shall be assigned to the Justice who 
authored the disposition memorandum. Capital PCRA appeals shall be assigned 
in  a  separate  rotation,  to  ensure  an  even  distribution  of  responsibility  in  those 
appeals. If it appears that there is an unequal distribution of cases or a delay in 
deciding cases, the Chief Justice may, as a matter of his or her discretion, alter 
the assignment order. 
 
Per Curiam Orders.   

 
  
  
 

 

       

 

(1) 
(2) 
 
(3) 

(4) 

(5) 

does not establish a new rule of law;  
does not alter, modify, criticize or clarify an existing rule of 
law;  
does  not  apply  an  established  rule  of  law  to  a  novel  fact 
situation;  
does  not  constitute  the  only  binding  precedent  on  a 
particular point of law;  
does not involve a legal issue of continuing public interest; or  

b. 

whenever the Court decides such an order is appropriate.  

A  per  curiam  order  reversing  an  order  of  the  lower  court  must  cite  to 
controlling  legal  authority  or  provide  a  full  explanation  of  the  reasons  for 
reversal. 

In cases involving discretionary appeals, the Court may enter a per curiam 
order dismissing the appeal as improvidently granted.   

A Justice may request that a per curiam order record that he or she voted 
for a different disposition. 

3 

 

   

 
 
 
 
 

 

   

. 

  2

 
3. 

4. 

1. 

A per curiam order may be issued  

a. 

when the Court’s decision:  

Submitted Cases.   

. 

  B

   

   

   

 
 
 
 

 

 
 

   

C. 
 

5.

A  per  curiam  order  shall  indicate  if  a  Justice  did  not  participate  in  the
consideration or decision of the matter.

6.

Reconsideration Applications

a.

b.

Assignment.
reconsideration to the Justice who authored the per curiam order.  

The  Prothonotary  shall  assign  applications  for 

Circulation and Disposition. The assigned Justice shall circulate to
all  members  of  the  Court  a  recommended  disposition  within
fourteen (14) days of the assignment or within seven (7) days of the
date  of  assignment  in  Children’s  Fast  Track  appeals.1    A  Justice
who  disagrees  with  the  recommended  disposition  shall  circulate  a
counter-recommendation  within  fourteen  (14)  days  of  the  original
recommendation  or  seven  (7)  days  in  Children’s  Fast  Track
appeals.  A vote of the majority is required to grant reconsideration.
In  any  case  in  which  reconsideration  is  denied,  a  Justice  may
request  that  the  order  record  that  he  or  she  voted  to  grant
reconsideration.    The  order  shall  indicate  if  a  Justice  did  not
participate in the consideration or decision of the matter.

D.

Oral Argument

1.

Guidelines for Oral Argument.

a. No fixed amount of time is reserved for each argument.  Oral argument
is at the discretion of the Court and proceeds to the extent necessary
to answer any questions the Justices may have on the issue(s).

b. Since  the  Court does not  use a  clock  or light  system,  counsel should
be alert to indications from the Chief Justice that the Court is satisfied
that all questions have been addressed.

c. The Court does not ordinarily permit rebuttal.  Counsel are advised not
to  request  rebuttal.    However,  when  necessary  and  appropriate,  the
Court may in its discretion request to hear further from counsel.

1  “Children’s Fast Track appeal” is defined in Pa.R.A.P. 102.  A “Children’s Fast Track 
case”  is  any  case  involving  an  order  regarding  dependency,  termination  of  parental 
rights, adoptions, custody or paternity.  See 42 Pa.C.S. §§ 6301 et seq.; 23 Pa.C.S. §§ 
2511 et seq.; 23 Pa.C.S. §§ 2101 et seq.; 23 Pa.C.S. §§ 5321 et seq.; 23 Pa.C.S. §§ 
5102 et seq. 

4 

d.  The  Court  is  familiar  with  the  cases  to  be  heard  at  oral  argument.  
Accordingly,  counsel  should  avoid  a  recitation  of  the  facts  and 
procedural history and focus on the issue(s) to be argued. 

e.  The Court recognizes that oral argument is only one part of appellate 
advocacy.  Counsel for the appellant  should be selective in the issues 
to  be  argued  and  may  rely  on  their  briefs  for  the  remainder  of  the 
issues.    Nothing  is  waived  by  this  process.    The  appellee’s  counsel 
should generally respond only to the issues argued by the appellant’s 
counsel. 

f. 

In  cases  involving  multiple  parties  represented  by  separate  counsel, 
counsel should strive to avoid repetitive presentations. 

g.  If a party’s counsel fails to appear for argument, opposing counsel may 

be asked to submit the case on the briefs. 

h.  Counsel are advised not to use graphs and charts on easels.  Instead, 
copies  of  such  matters  should  be  provided  to  the  court  crier  for 
distribution to the Court.  Counsel must also provide advance copies to 
opposing counsel. 
 

Requests  by  Amicus  Curiae.    In  cases  where  amicus  curiae  has  filed  a 
brief,  requests  by  amicus  to  present  oral  argument  shall  be  made  by 
application  and  will  be  granted  only  in  extraordinary  circumstances.  
Applications  to  present  oral  argument  are  assigned  to  the  Chief  Justice, 
who will circulate a recommendation to the Court.  A vote of the majority is 
required to grant the request. 

§ 4.  Opinions. 

A. 
 

 
Circulation Schedule; Voting; Hold; Reassignment. 

1. 

Preparation  of  Opinions.  Preparation  of  opinions  and  responses  to 
circulating opinions shall be given the highest priority.  

a. 

Majority.  The  assigned  Justice  shall,  absent  extraordinary 
to  all 
circumstances,  circulate  a  proposed  majority  opinion 
members of the Court within ninety (90) days of the assignment in 
single-issue  cases  and  serial  capital  PCRA  appeals,  within  one 
hundred and twenty (120) days in multiple-issue cases, within one 
hundred  and  fifty  (150)  days  in  capital  direct  appeals,  within  one 
hundred  and  eighty  (180)  days  in  first  capital  PCRA  appeals,  or 
within  forty-five  (45)  days  of  the  assignment  of  a  Children’s  Fast 

5 

 

 

 

 

 

 

 

 

2. 

   

 

   

   

   

   

b. 

Track appeal.  The Court should make every effort to decide cases 
by clear majority disposition. 

Concurrences  and  Dissents.  Justices  who  are  aligned  as  to  the 
result should collaborate as much as possible to achieve a unified 
position  in  responsive  opinions.    Concurrences  and  dissents  shall 
be  circulated  to  all  members  of  the  Court  within  forty  (40)  days  of 
the  date  on  which  votes  on  the  proposed  majority  opinions  were 
due  in  single-issue  cases  and  serial  capital  PCRA  appeals,  within 
sixty (60) days in multiple-issue cases, within seventy-five (75) days 
in capital direct appeals, and within ninety (90) days in first capital 
PCRA cases.  Matters may also be held for additional review by a 
Justice  during  these  time  periods.    In  Children’s  Fast  Track 
appeals,  concurrences  and  dissents  shall  be  circulated  to  all 
members of the Court within twenty (20) days of the date on which 
votes on the proposed majority opinion were due.  

Monthly  Vote  Lists.  Circulating  proposed  opinions  are  voted  upon  each 
month according to the schedule provided by the Chief Justice for use in 
that calendar year.  Each monthly vote list shall be circulated by the Chief 
Justice the first Monday of the month, or, if that date is a holiday, on the 
first  Tuesday  of  the  month;    the  dates  to  circulate  the  vote  lists  may  be 
adjusted. The cases listed shall include all proposed majority opinions, per 
curiam  opinions  and  dispositive  per  curiam  orders  in  appeal  cases 
submitted  for  the  Court’s  consideration  as  of  ten  (10)  days  prior  to  the 
circulation of the vote list.  Responsive opinions to majority opinions on a 
vote list shall be circulated by 5:00 p.m. on the Friday before the vote list 
is circulated;  responsive opinions circulated after that time shall move the 
case  to  the  next  vote  list.    Responsive  opinions  to  majority  opinions  not 
already  on  a  vote  list  shall  be  placed  on  the  next  available  vote  list 
following their circulation to the Court.   

Entry  of  Votes.    Votes  on  listed  cases  shall  be  entered  according  to  the 
schedule  provided  by  the  Chief  Justice.    Generally  speaking,  votes  are 
due on the fifth business day following circulation of the vote list. However, 
that  time  frame  is  adjusted  to  account  for  holidays,  court  sessions  and 
other  anticipated  conflicts.    The  vote  schedule  for  the  calendar  year 
distributed to the Court by the Chief Justice specifies the vote day for each 
month. Within two (2) business days following entry of the votes, the Chief 
Justice will circulate to all Justices a disposition, listing the votes for each 
case.  Within  two  (2)  days  after  circulation  of  the  disposition,  the  Chief 
Justice must be advised of any correction. On the next business day (the 
fifth  business  day  following  the  entry  of  votes)  the  Chief  Justice  shall 
circulate to the Court and to the Prothonotary a confidential list of all cases 

6 

 

   

 

 

 

2. 

3. 

ready  to  be  filed  together  with  the  votes  of  the  Justices.    No  case  will 
appear  on  the  confidential  list  unless  all  votes  are  recorded.  The 
Prothonotary will docket opinions consistent with the information received.  

 

a. 

Permissible  votes  include  “join  majority  opinion”;  “join  majority 
opinion/author  concurring  opinion”; 
  “author  revised  majority 
opinion”;  “author  concurring  opinion”;    “author  revised  concurring 
opinion”;  “hold  for  concurring  opinion”;  “join  concurring  opinion”; 
“author  dissenting  opinion”;    “author  revised  dissenting  opinion”; 
“hold  for  dissenting  opinion”;    “join  dissenting  opinion”;    “author 
concurring/dissenting  opinion”;    “hold  for  concurring/dissenting 
opinion”;    “join  concurring/dissenting  opinion”;    “hold  for  further 
review”; “do not participate”; or “other.”  A Justice may also “concur 
in the result” or “dissent without opinion,” but these options should 
not be employed if the vote is dispositive.   

Telephone  Conferences  and  Administrative  Agenda.    After  receipt 
of the monthly vote list, any Justice may request that any case be 
held for telephone conference by making such request in writing or 
electronically  to  the  Chief  Justice  with  notice  to  all  other  Justices. 
The  list  will  also  indicate  a  date  certain  on  which  a  telephone 
conference will be held for any cases so designated. At the request 
of any Justice, and upon approval by the Chief Justice, cases may 
be  held  for  discussion  to  take  place  at  the  next  scheduled 
administrative agenda.  

to 

the 

time  periods  allowed 

Holds.    Upon  entry  of  any  hold  vote,  the  period  required  for 
for  
response  shall  correspond 
circulation  of  concurrences  and  dissents.   A  Justice  may  request 
additional leeway upon circulation of an internal letter explaining the 
reasons for the delay and estimating the time for completion of the 
review or responsive opinion.  If the review or responsive opinion is 
not completed by the designated time, additional status information 
shall  be  provided  every  twenty  (20)  days  thereafter,  except  when 
the  matter  has  been  placed  on  hold  for  another  pending  case;   in 
that  event,  the  matter shall  be  resolved  upon  the  resolution  of  the 
pending  case.  Once  a  matter  has  been  voted  upon  and  the  time 
period initially allowed for circulation of concurrences and dissents 
has  passed,  holds  upon  subsequent 
listings  are  strongly 
discouraged.  Held opinions are to be resolved expeditiously.  In a 
Children’s  Fast  Track  appeal,  in  no  event  shall  circulation  of  a 
responsive opinion occur beyond thirty (30) days from the date the 
vote was initially due. 

7 

 

b. 

c. 

 

   

 

 

Upon appropriate notice to a “holding” Justice and an opportunity to 
respond,  the  Chief  Justice  in  his  or  her  discretion  may  direct  the 
filing of an opinion with a “holding” Justice noted as not participating 
in the decision of the matter, dissenting without opinion, concurring 
in  the  result,  or with  an  opinion  to  follow,  as  the  case  may  be.    In 
Children’s Fast Track appeals, if, within thirty (30) days of the date 
votes  are  due  on  majority  opinions  no  dissent  or  concurrence  has 
been placed in circulation, the case will be filed, and the dissenting 
or concurring Justice will be noted as not having participated in the 
decision of the matter. 

Reassignment. When  a  concurrence  or  dissent  garners  a  majority 
of votes, the author of the proposed majority opinion may withdraw 
the opinion to revise to accommodate the new majority, or the case 
shall  be  reassigned  to  the  author  of  the  concurrence  or  dissent.  
Upon  reassignment,  and  absent  extraordinary  circumstances,  the 
new  majority  opinion  shall  be  circulated  within  thirty  (30)  days  in 
single-issue cases and serial capital PCRA appeals, sixty (60) days 
in  multiple-issue  cases,  seventy-five  (75)  days  in  capital  direct 
appeals,  ninety  (90)  days  in  first  capital  PCRA  appeals,  and,  in 
Children’s Fast Track appeals, within fifteen (15) days.  

. 

  d

Notwithstanding  any  contrary  procedures  set  forth  above,  Justices  shall 
give  priority  in  both  circulation  of  and  voting  on  proposed  opinions  in 
Children’s Fast Track appeals.   
 

Labeling of Opinions. 

B. 
 

1. 

Majority  Opinion.    An  opinion  will  be  labeled  ‘‘Opinion’’  when  a  majority 
joins the rationale and result of the opinion.  Majority opinions shall list the 
composition  of  the  Court  hearing  the  appeal,  and  shall  indicate  when  a 
Justice  did  not  participate  in  the  consideration  or  decision  of  the  matter.  
Proposed  majority  opinions  that  involve  multiple,  complex  issues  which 
the  authoring  Justice  believes  may  garner  disparate  votes  should  be 
divided into sections.  If there is a split in votes in an opinion that has been 
divided  into  sections,  the  authoring  Justice  will  be  responsible  for 
preparing a short introductory statement summarizing the resulting votes.   

2. 

Concurrences  and  Dissents.    An  opinion  is  a  ‘‘concurring  opinion’’  when 
the  Justice  agrees  with  the  result  of  the  proposed  majority  opinion.    A 
Justice  who  agrees  with  the  result  of  the  proposed  majority  opinion,  but 
does  not  agree  with  the  rationale  supporting  the  proposed  majority 
opinion, in whole or in part, may write a separate ‘‘concurring opinion.’’ An 

8 

 

   

 

 

opinion  is  a  ‘‘dissenting  opinion’’  when  the  Justice  disagrees  with  the 
result of the proposed majority opinion.  

As  a  general  rule,  an  opinion  is  a  ‘‘concurring  and  dissenting  opinion’’  
when  there  is  more  than  one  issue  and  the  Justice  agrees  with  the 
majority’s  disposition  of  some  but  not  all  issues,  and  is  in  disagreement 
with the mandate.  There may be occasions, however, in which a Justice 
may agree with the outcome but may disagree with a principle enunciated 
by  a  majority  of  the  Court  which  will  govern  the  outcome  of  other  cases.  
In  such  instances,  Justices  are  not  strictly  bound  to  concur  outright;  
rather,  they  retain  the  discretion  to  label  responses  as  concurring  and 
dissenting.   

Alternatively,  a  Justice  may  choose  to  ‘‘concur in  the  result’’  or ‘‘dissent’’ 
without  writing  a  separate  opinion,  although  both  options  are  strongly 
disfavored if the vote is dispositive.  

Other  designations.    An  opinion  shall  be  designated  as  the  “Opinion
Announcing the Judgment of the Court” when it reflects only the mandate,
and  not  the  rationale,  of  a  majority  of  Justices.    When  the  votes  are
equally divided, any resulting opinions shall be designated as the “Opinion
in Support of Affirmance” or “Opinion in Support of Reversal,” as the case
may be.   In all such opinions, the name of any Justice not participating in
the consideration or decision of the matter shall be noted.

  The  Prothonotary  shall  assign  applications 

Assignment. 
for
reconsideration  to  the  author  of  the  majority  opinion  or  the  opinion
announcing the judgment of the Court.  If the appeal was resolved by an
equally  divided  Court,  the  petition  shall  be  assigned  to  the  author  of  the
opinion in support of affirmance.

Circulation  and  Disposition.  The  assigned  Justice  shall  circulate  to  all
members  of  the  Court  a  recommended  disposition  within  fourteen  (14)
days  of  the  assignment  or  within  seven  (7)  days  of  the  assignment  in
Children’s  Fast  Track  appeals.  A  Justice  who  disagrees  with  the
recommended disposition shall circulate a counter-recommendation within
fourteen  (14)  days  of  the  original  recommendation  or  seven  (7)  days  in
Children’s Fast Track appeals.  A  vote  of the  majority  is required  to  grant
reconsideration. In any case in which reconsideration has been denied, a
Justice  may  request  that  the  order  record  that  he  or  she  voted  to  grant
reconsideration.  All orders shall indicate if a Justice did not participate in
the consideration or decision of the matter.

9 

3.

1.

2.

C.

Reconsideration Applications

 5.  Non-Capital Direct Appeals.   

Assignment.    All  non-capital  direct  appeals  shall  be  reviewed  by  the  Court  to 
determine  their  suitability  for  oral  argument.    As  soon  as  all  briefs  have  been 
received, the non-capital direct appeal will be assigned by the Prothonotary to a 
Justice  on  a  rotating  basis  by  seniority  for  preparation  of  a  disposition 
memorandum, which will contain a short recitation of the facts, a brief discussion 
of the issues, and a recommendation as to whether the case should be (1) listed 
for oral argument; (2) submitted on the briefs;  (3) resolved by affirmance on the 
opinion of the court below, including when necessary a brief statement of matters 
not covered by that opinion; or (4) resolved by per curiam order.  

 per curiam order may be issued  

when the Court’s decision: 

1. 
  
 

        

 

a. 
b. 

c. 

d. 

does not establish a new rule of law;  
does  not  alter,  modify,  criticize  or  clarify  an  existing  rule  of 
law;  
does  not  apply  an  established  rule  of  law  to  a  novel  fact 
situation;  
does  not  constitute  the  only  binding  precedent  on  a 
particular point of law;  

e.      does not involve a legal issue of continuing public interest; or  
 
whenever the Court decides such an order is appropriate. 

2. 

A per curiam order reversing an order of the lower court must cite to controlling 
legal authority or provide a full explanation  of the reasons for reversal. 
 
Circulation and Disposition.  Each disposition memorandum shall be circulated to 
the  Court  within  sixty  (60)  days  of  assignment.    It  shall  then  be  placed  on  a 
supplemental  list  for  consideration  and  vote  at  the  same  time  as  opinions.  
Disposition  Memoranda  must  be  circulated  to  the  Court  at  least  ten  (10)  days 
prior  to  circulation  of  the  vote  list  to  be  placed  on  that  vote  list.    A  hold  for  the 
purpose  of  preparing  a  counter-recommendation  shall  not  exceed  thirty  (30) 
days;  only  by  vote  of  the  majority  may  a  hold  be  extended  beyond  thirty  (30) 
days, but in no event shall a hold exceed ninety (90) days.   

The case shall thereafter be resolved in accordance with the vote of the majority.  
If no clear majority emerges, the case will be listed for oral argument.  A Justice 

10 

 

 

  A

 

   

    §

  A

. 

B. 

 

 

may request that the order record that he or she voted for a different disposition.  
All orders resolving a non-capital direct appeal shall indicate if a Justice did not 
participate in the consideration or decision of the matter.   
 
Reconsideration Applications.   

1. 

2. 

for 

the  application 

Assignment. 
  The  Prothonotary  shall  direct 
reconsideration to the Justice who prepared and filed the order.  
 
Circulation  and  Disposition.  The  assigned  Justice  shall  circulate  to  all 
members  of  the  Court  a  recommended  disposition  within  fourteen  (14) 
days of the assignment.  A Justice who disagrees with the recommended 
disposition  shall  circulate  a  counter-recommendation  within  fourteen  (14) 
days of the original recommendation. A vote of the majority is required to 
grant  reconsideration.    In  any  case  in  which  reconsideration  has  been 
denied, a Justice may request that the order record that he or she voted to 
grant  reconsideration.    All  orders  shall  indicate  if  a  Justice  did  not 
participate in the consideration or decision of the matter. 

 6.   Allowance of Appeal. 

Assignment.  The  Prothonotary  shall  initially  screen  petitions  for  allowance  of 
appeal for compliance with the applicable appellate rules.  Untimely petitions may 
be refused for filing by the Prothonotary without further action of the Court.  

Petitions for allowance of appeal shall be assigned to individual Justices by the 
Prothonotary  on  a  rotating  basis  by  seniority  for  preparation  of  an  allowance  of 
appeal report. Petitions from the same district presenting the same question shall 
be consolidated;  petitions from different districts that present the same question 
may be consolidated at the discretion of the Court.   

Circulation  and  Disposition.    Allowance  of  appeal  reports  shall  be  circulated 
within  ninety  (90)  days  of  the  receipt  of  such  an  assignment.  The  proposed 
disposition  date  shall  not  be  greater  than  sixty  (60)  days  from  the  date  of 
circulation.  Holds may be placed on petitions for allowance of appeal only upon 
written  notice  to  the  members  of  the  Court as  to  the  reasons  for  the  hold,  e.g., 
the  existence  of  another  petition  from  another  district  presenting  the  same 
question.  No  hold  may  be  placed  on  a  petition  without  the  existence  of  a 
terminus,  e.g.,  the  issuance  of  an  opinion  on  a  petition  presenting  the  same 
question. Where a hold results from the existence of another petition presenting 
the  same  issue,  the  parties  shall  be  notified  of  the  hold  and  the  case  that  will 
determine  the  issue.  A  hold  for  the  purpose  of  preparing  a  counter-report  shall 
not exceed thirty (30) days; only by vote of the majority may a hold be extended 

11 

 

   

C. 
 

. 

  §

  A

 

. 

  B

beyond  thirty  (30)  days,  but  in  no  event  shall  a  hold  for  such  purpose  exceed 
ninety (90) days. 

Notwithstanding  any  contrary  procedures  set  forth  above,  allowance  of  appeal 
reports  in  Children’s  Fast  Track  appeals  are  to  be  circulated  within  thirty  (30) 
days of the receipt of the assignment, and the proposed disposition date shall not 
be greater than thirty (30) days from the date of circulation.  A hold for purposes 
of preparing a counter-report in a Children’s Fast Track appeal shall not exceed 
fifteen  (15)  days;  only  by  vote  of  the  majority  may  a  hold  be  extended  beyond 
fifteen (15) days, but in no event shall a hold exceed forty-five (45) days.  

Upon the affirmative vote of three or more Justices, allowance of appeal will be 
granted and the case will be listed for oral argument, unless the order indicates 
that  the  matter  will  be  submitted  on  the  briefs.    An  order  granting  a  petition  for 
allowance of appeal shall specify the issues upon which allowance of appeal was 
granted.   

A  per  curiam  order  granting  allowance  of  appeal  and  reversing  an  order  of  the 
lower court must cite to controlling legal authority or provide a full explanation of 
the reasons for reversal.   

A  Justice  may  request  that  the  order  resolving  the  petition  for  allowance  of 
appeal  record  that  he  or  she  voted  for  a  different  disposition.    All  orders  shall 
indicate  if  a  Justice  did  not  participate  in  the  consideration  or  decision  of  the 
matter. 

C.

Reconsideration Applications.

1.

2.

Assignment.  The Prothonotary shall direct applications for reconsideration
to the Justice who authored the allowance of appeal report.

Circulation  and  Disposition.  The  assigned  Justice  shall  circulate  to  the
Court a recommended disposition within fourteen (14) days of the date of
the  assignment,  or  within  seven  (7)  days  of  the  date  of  assignment  in
Children’s  Fast  Track  appeals.    A  Justice  who  disagrees  with  the
recommended disposition shall circulate a counter-recommendation within
fourteen  (14)  days  of  the  original  recommendation,  or  within  seven  (7)
days  of  the  date  of  the  original recommendation  in  Children’s Fast  Track
appeals.    A  vote  of  the  majority  is  required  to  grant  reconsideration.    In
any case in which reconsideration has been denied, a Justice may request
that  the  order  record  that  he  or  she  voted  to  grant  reconsideration.    All
orders shall indicate if a Justice did not participate in the consideration or
decision of the matter.

12 

§ 7. Motions, Miscellaneous Petitions, and Applications for Relief. 

A.

Duties  of  Prothonotary.  All  assignments  of  motions,  miscellaneous  petitions
and applications for relief, including emergency motions and those requesting the
jurisdiction  and  original
exercise  of  King's  Bench  powers,  extraordinary 
jurisdiction,  shall  originate  in  the Prothonotary's office.    No motions,  petitions  or
applications  will  be  considered  which  were  not  first  filed  in  the  Prothonotary’s
office  and  thence  assigned.    Documents  may  be  filed  in  paper  format,  or  by
electronic  or  facsimile  transmission.    Once  received,  motions,  petitions  and
applications  will  be  monitored  by  the  Prothonotary’s  office  for  compliance  with
applicable appellate rules. Proposed filings that are not in compliance will not be
docketed.  Proposed  filings  that  are  in  compliance  will  be  docketed  and  a
response will be allowed. At the expiration of the response period the documents
will be forwarded to the Court.

Procedural  motions  (e.g.,  requests  for  extension  of  time,  requests  to  exceed
page limits, and requests to proceed in forma pauperis) may be resolved by the
Prothonotary without further action of the Court.

Note: Time periods for responses* 

FILING 

RULE 

 RESPONSE PERIOD 

APPLICATION FOR RELIEF (EXTENSIONS) 

123 

JURISDICTIONAL STATEMENT  

909(b) 

PETITION FOR ALLOWANCE OF APPEAL 

1116 

PETITION FOR ALLOWANCE OF APPEAL - 

  CHILDREN’S FAST TRACK CASES 

1116(b)  

10 DAYS 

NO ANSWER PERMITTED 

  N.B. NO ANSWER REQUIRED UNLESS PETITION CONTAINS NOTICE TO PLEAD 

RECONSIDERATION    

PETITION FOR PERM. TO APPEAL  

PETITION FOR REVIEW  

APPLICATION FOR RELEASE (BAIL) 

REARGUMENT  

ORIGINAL PROCESS 

  (e.g., HABEAS, MANDAMUS) 

EXTRAORDINARY RELIEF  

14 DAYS 

14 DAYS 

14 DAYS 

14 DAYS  

30 DAYS  

14 DAYS 

14 DAYS 

14 DAYS 

14 DAYS 

*

MAY BE SHORTER IN STAY OR SUPERSEDEAS APPLICATIONS WHEN CIRCUMSTANCES

REQUIRE, OR BY COURT ORDER

1123 

1314 

1516(c) 

1762 

2545 

3307 

3309 

13 

  All  motions,  petitions  and 
Assignment,  Circulation  and  Disposition. 
applications will be assigned to the Chief Justice, except for emergency motions, 
motions  addressed  to a  single  Justice,  and applications for stay  of  execution  in 
capital  cases.    In  matters  assigned  to  the  Chief  Justice,  the  Chief  Justice  will 
prepare  a  memorandum  setting  forth  the  positions  of  the  parties  and  a 
recommended  disposition.    Recommendations  should  be  circulated  within  sixty 
(60) days from the date the answer is filed or is due to be filed, whichever occurs 
first,  and  should  contain  a  proposed  disposition  date  no  greater  than  thirty  (30) 
days from the date of circulation, except in Children’s Fast Track cases, in which 
recommendations  shall  be  circulated  within  fifteen  (15)  days  from  the  date  the 
answer  is  filed  or  due  to  be  filed,  whichever  occurs  first,  and  the  proposed 
disposition  date  shall  be  no  greater  than  fifteen  (15)  days  from  the  date  of 
circulation.    A  vote  of  the  majority  is  required  to  implement  the  proposed 
disposition. 

Every  motion,  petition  or  application  shall  be  decided  within  sixty  (60)  days,  or 
within thirty (30) days in Children’s Fast Track cases. A Justice may request that 
the order record that he or she voted for a different disposition.  Orders disposing 
of motions, petitions and applications shall indicate if a Justice did not participate 
in the consideration or decision of the matter.  

14 

 

Emergency Motions. 
1. 

Assignment.  On or before the first Monday in January, the Chief Justice 
shall  publish  a  calendar  of  duty  assignments  for  the  handling  of 
emergency  motions.    Two  Justices  will  be  assigned  by  the  Chief  Justice 
on a monthly rotating basis to review emergency motions for the Eastern 
and Western Districts.  Cases filed in the Middle District will be assigned 
alternately between the Eastern and Western District duty Justices.   

Circulation and Disposition.  Any motion assigned to the duty Justice may 
at  the  discretion  of  that  Justice  be  referred  to  the  full  Court  for 
consideration, with or without the entry of an interim order.   

 
Motions Directed to a Single Justice.  A Justice may entertain and may grant 
or deny any  request for relief which may under Pa.R.A.P. 123 or 3315 properly 
be sought by motion, except that a single Justice may not dismiss or otherwise 
determine an appeal or other proceeding. 

Applications  for  Stay  of  Execution  in  a  Capital  Case  or  for  Review  of  an 
Order Granting or Denying a Stay of Execution. 

Assignment. The application will be assigned to the duty Justice. 

. 

  2

1. 
 

B. 

   

 

. 

    C

D. 

.  

  E

   

Circulation and Disposition.  The assigned Justice shall promptly circulate
a proposed disposition and the application shall be resolved according to
the vote of the majority.

F.

Reconsideration Applications.
1.

Assignment.  The Prothonotary shall direct applications for reconsideration
to the Justice who entered the order resolving the application.

2.

2.

Circulation  and  Disposition.    The  assigned  Justice  shall  circulate  to  the
Court a recommended disposition within fourteen (14) days of the date of
the  assignment,  within  seven  (7)  days  of  the  date  of  assignment  in
Children’s  Fast  Track  appeals,  or  as  soon  as  practicable  in  emergency
and  stay  of  execution  matters.    A  Justice  who  disagrees  with  the
recommended disposition shall circulate a counter-recommendation within
fourteen (14) days of the original recommendation, within seven (7) days
of  the  date  of  the  original  recommendation  in  Children’s  Fast  Track
appeals,  or  as  soon  as  practicable  in  emergency  and  stay  of  execution
matters.  A vote of the majority is required to grant reconsideration.  In any
case  in  which  reconsideration  has  been  denied,  a  Justice  may  request
that  the  order  record  that  he  or  she  voted  to  grant  reconsideration.    All
orders shall indicate if a Justice did not participate in the consideration or
decision of the matter.

§ 8. Certification of Questions of Law. 

A.

B.

Court  Limitation.  This  Court  will  accept  Certification  Petitions  from  the  United
States Supreme Court or any United States Court of Appeals.

Assignment,  Circulation  and  Disposition.    The  Prothonotary  shall  refer
Certification  Petitions  to  the  Chief  Justice,  who  will  prepare  a  memorandum
setting  forth  the  positions  of  the  parties  and  a  recommended  disposition.
Acceptance  of  certification  is  a  matter  of  judicial  discretion.    The  Court  shall
decide  whether  to  accept  or  decline  certification  without  hearing  oral  argument.
The recommendation should be circulated within thirty (30) days from the date of
assignment,  and  should  contain  a  proposed  disposition  date  no  greater  than
thirty (30) days from the date of circulation.  Every Certification Petition should be
decided within sixty (60) days. A vote of the majority is required to implement the
proposed disposition.   A Justice may request that the order record that he or she
voted for a different disposition.  Orders disposing of Certification Petitions shall
indicate  if  a  Justice  did  not  participate  in  the  consideration  or  decision  of  the
matter.

Upon acceptance of certification by the Court, the Prothonotary shall (1) issue an
order  accepting  certification,  which  shall  specify  the  questions  of  law  for  which

15 

certification was accepted, and whether the case is to be submitted on the briefs 
or heard at an argument session;  (2) establish a briefing schedule;  (3) list the 
matter  for  oral  argument  if  oral  argument  has  been  granted;  and  (4)  take  such 
further action as the Court directs. 

C.

D.

Amicus curiae briefs.  After the Court accepts certification, amicus curiae briefs
may  be  submitted  without  prior  leave  of  Court.    Such  briefs  shall  be  filed  and
served in the manner and within the time directed by the Prothonotary.

Reconsideration Applications.
1.

Assignment.  Upon receipt of an application for reconsideration following
an order resolving a Certification Petition, the Prothonotary shall direct the
reconsideration application to the Chief Justice for assignment.

2.

2.

Circulation  and  Disposition.    The  assigned  Justice  shall  circulate  to  the
Court a recommended disposition within fourteen (14) days of the date of
the  assignment.    A  Justice  who  disagrees  with  the  recommended
disposition  shall  circulate  a  counter-recommendation  within  fourteen  (14)
days of the original recommendation.  A vote of the majority is required to
grant  reconsideration.    In  any  case  in  which  reconsideration  has  been
denied, a Justice may request that the order record that he or she voted to
grant  reconsideration.    All  orders  shall  indicate  if  a  Justice  did  not
participate in the consideration or decision of the matter.

Photographing, Recording and Broadcasting

§ 9.

A.

General Provisions
1.

The  Supreme  Court  reserves  the  right  to  restrict  usage  of  all  sound
recordings  and  visual  images  taken  in  Supreme  Court  Courtrooms.
Photographing, recording and broadcasting in those areas are permissible
only in accordance with the following provisions.

The Executive Administrator of the Supreme Court or his or her designee
(“Executive  Administrator”)  may  permit  photographing,  recording  and
broadcasting  in  any  Supreme  Court  Courtroom  in  his  or  her  discretion.
Requests  to  photograph,  record  or broadcast  sound  or  images  for  public
or  private  use  in  any  media,  including,  but  not  limited  to,  printed,  online
and video form, must be submitted to the Executive Administrator at least
three business days before the proposed date of photographing, recording
or broadcasting, or within a shorter period as the Executive Administrator
may  determine.  Requests  to  photograph,  record  or  broadcast  during
scheduled Supreme Court proceedings will not be entertained.

16 

3.

4.

Members of the general public visiting any Supreme Court Courtroom as a
permitted guest or a participant in a supervised tour may take photographs
or  record  sound  or  images  for  their  private,  non-profit  use,  unless
otherwise directed by the Executive Administrator. This provision does not
authorize  photographing,  recording  or  broadcasting  during  scheduled
Supreme Court proceedings.

When  a  Supreme  Court  Courtroom  is  being  used  by  an  executive  or
legislative  agency,  board,  commission  or  similar  entity,  sections  A.  2.-3.
shall not affect that entity's policies relating to photographing, broadcasting
and recording.

B.
Proceedings by  

Photographing,  Recording  and  Broadcasting  of  Supreme  Court

the Pennsylvania Cable Network (“PCN”).

1.

General Provisions

a. The  recording  by  PCN  of  a  proceeding  before  the  Supreme  Court  for
future  broadcast  on  PCN  is  permissible  only  in  accordance  with  this
section.

b. A request to be present to record a scheduled proceeding electronically
for future  broadcast  on  PCN  must  be made  at  least  three  business  days
before the proceeding. Such requests must be submitted to the Executive
Administrator for approval by the Chief Justice. The Supreme Court shall
maintain discretion to prohibit camera coverage of any proceeding, or any
part thereof, due to the nature of the issues or the sensitivity of the subject
matter of a proceeding.

c. There shall be no coverage of a proceeding involving any case that has
been designated as “sealed.”

d. There  shall  be  no  audio  pickup  or  broadcast  of  conferences  between
co-counsel or among the Justices.

e. The  Supreme  Court  may  limit  or  terminate  coverage,  or  direct  the
removal  of  camera  coverage  personnel,  when  necessary  to  protect  the
rights of the parties or to assure the orderly conduct of the proceedings.

f. The Supreme Court shall not incur any expense for equipment, wiring or
personnel necessary to provide coverage by PCN.
g. Introductory commentary, if any, shall be supplied by members in good
standing of the Pennsylvania Bar approved by the Supreme Court.

17 

h. All coverage must be “gavel-to-gavel,” including rebroadcasts, with the
exceptions in 1. c.-5e

i. All  copyrights  to  the  broadcasts  are  the  possession  of  the  Supreme
Court  and  may  not  be  used  without  its  approval.  PCN  shall  provide  the
Supreme Court with DVD or videotape recordings of all sessions covered
by PCN, whether or not broadcast or aired.

j. Broadcasts  are  not  permitted  until  a  minimum  of  48  hours  after
recording.

2.

Equipment and Personnel

a. Only robotic cameras will be permitted in the courtroom. PCN personnel
shall consult with the Executive Administrator to determine the location in
the courtroom for the camera equipment and operators.

b. Equipment shall not produce distracting sound or light. Signal lights or
devices to show when the equipment is operating shall not be visible.

c. Except as otherwise approved by the Executive Administrator, existing
courtroom sound and light systems shall be used without modification.
Audio pickup for all media purposes shall be accomplished from existing
audio systems present in the court facility, or from a camera's built-in
microphone. If no technically suitable audio system exists in the court
facility, microphones and related wiring essential for media purposes shall
be unobtrusive and shall be located in places designated in advance by
the Executive Administrator.\

d. All equipment must be in place prior to the opening of the court session
and shall not be removed until after the conclusion of the day's
proceedings. Video recording equipment which is not a component part of
a camera shall be located in an area remote from the courtroom. PCN
personnel shall not enter or exit the courtroom once the proceedings are
in session except during a recess or adjournment. PCN personnel shall
wear appropriate attire in the courtroom.

e. PCN personnel shall adhere to the direction of the Executive
Administrator in matters such as security, parking, noise avoidance and
other related issues.

3. Impermissible Use of Material

18 

None of the film, videotape, video discs, still photographs or audio reproductions 
developed during or by virtue of coverage of a proceeding shall be admissible as 
evidence in the proceeding from which it arose, in any proceeding subsequent or 
collateral thereto, or upon any appeal of such proceedings. 

Revised:  09/2016 

§ 10.  Communications to the Court in Pending Cases.

Whenever  any  matter  is  pending  before  the  Court,  all  communications  to  the 
Court from counsel or from a party, if unrepresented, are to be addressed to the 
Prothonotary's office with copies to all other counsel and unrepresented parties. 

§ 11.  Quorum.

A majority of the Court shall be a quorum of the Court. 

§ 12.   Suspension of Procedures.

Whenever  exceptional  or  emergency  conditions  require  speedy  action,  or 
whenever there is other good cause for special action regarding any matter, the 
operation  of  these  procedures  may  be  suspended  by  affirmative  vote  of  a 
majority of the Court. 

in  extraordinary 
The  Chief  Justice  may  alter  any  applicable 
circumstances (e.g., when the Court lacks a full complement of members), or on 
written request by a Justice stating good cause for the extension and the date by 
which he or she expects to comply. 

time 

limit 

§ 13. Temporary Judicial Assignments to the Supreme Court

A request for one or more temporary judicial assignments shall be made in

(A)  Where a quorum of the Court cannot be assembled to transact the business 
of the Court, or where extraordinary circumstances warrant appointment of 
additional Justices, the Chief Justice or senior participating Justice may request 
temporary judicial assignment(s) to the Court as set forth below.
(B) 
accordance with the affirmative vote of a majority of the Justices voting on that 
question.
The Court Administrator will select the requested number of temporary 
(C) 
judges by random drawing from a pool of all commissioned judges of the Superior 
Court, or the Commonwealth Court, or both, excluding any judges who previously 
participated in the matter(s) to be considered by the Court. In the event a judge so 
selected is unable to serve, the Court Administrator shall select another temporary 
judge from the pool by random drawing. The Court Administrator will submit the 
selected names to the Chief Justice or senior participating Justice for appointment 
to the Court.
(D) 
relative to temporary judicial assignments to the Supreme Court. The balance of 
the Rules of Judicial Administration continue to pertain, to the extent otherwise 
applicable.

This Section supplants Rule of Judicial Administration 701(C)(1) and (2) 

19