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COMMONWEALTH COURT OF PENNSYLVANIA
NOTICE CONTACT:
September 8, 2022 Prothonotary: 717-255-1661
Amended COVID-19 Protocols For In-Person Proceedings and Oral
Argument Sessions Before the Commonwealth Court of Pennsylvania
he Commonwealth Court of Pennsylvania has adopted the attached Amended
Protocols For In-Person Proceedings Before the Commonwealth Court of
Pennsylvania, effective August 30, 2022. Questions about the protocols or other
matters related to in-person proceedings and oral argument sessions should be
directed to the Prothonotary’s Office at the telephone number above.
1
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Effective August 30, 2022
AMENDED PROTOCOLS FOR IN-PERSON PROCEEDINGS BEFORE
THE COMMONWEALTH COURT OF PENNSYLVANIA
Upon consideration of the most recent public health guidance as set forth by
the Centers for Disease Control and Prevention (CDC) and Pennsylvania
Department of Health (DOH), and with agreement of the Commissioned Judges of
the Commonwealth Court of Pennsylvania (Court), the COVID-19 Protocols set
forth in the Court’s Notice dated September 10, 2021 related to In-Person, Single-
Judge Proceedings, and the Court’s Notice dated September 17, 2021, related to
October 2021 Oral Argument Session are AMENDED as follows:
1. The wearing of masks or face coverings in the courtroom and the restrictions
on and limitation of persons who may be present in the courtroom will no
longer be in effect unless otherwise ordered by the presiding Judge or required
by the facility in which the proceeding is being held. Although no longer
required, all persons are permitted and encouraged to wear a mask or face
covering and/or practice social distancing in the courtroom if they wish to do
so. Everyone is asked to respect the independent health decisions of the
parties, attendees, and court staff in this regard.
2. All forms, attestations, and certifications previously required are no longer
required. This includes the “In-Person Proceeding Sign-in and COVID-19
Attestation Form,” which all persons attending a Commonwealth Court
proceeding were required to complete for purposes of contact-tracing.
However, any person who participates in or observes a proceeding and
subsequently tests positive for COVID-19 within five days of attending the
proceeding shall immediately notify the Prothonotary’s Office at (717) 255-
1661. If the Court receives such notification, a generic notice to that effect
will be posted on the Court’s website. Attendees are encouraged to monitor
the Court’s website for such notification.
3. No person who has symptoms of respiratory illness or fever, or is currently
COVID-19 positive, may attend a proceeding as counsel, a party, witness,
credentialed member of the media, or public observer. Counsel, parties, or
witnesses experiencing any COVID-19-related symptoms or who are required
to quarantine or isolate should advise the Prothonotary’s Office at (717) 255-
1661 as soon as possible of the inability to attend an in-person proceeding. In
Effective August 30, 2022
this event, they must also promptly file an application to appear remotely or
to continue the matter.
4. The Court recognizes that counsel, parties, witnesses, or members of their
respective households may be at increased risk for severe illness due to
COVID-19 as currently defined by the CDC. Accordingly, requests to appear
remotely by advanced communication technology (Cisco WebEx®) will still
be entertained by the presiding Judge in such circumstances. To request to
participate in a proceeding remotely because of a COVID-19-related medical
risk, counsel for whom leave to appear remotely is sought or counsel
representing the party or calling the witness for whom accommodations are
being sought, shall file an application in accordance with Pa.R.A.P. 123.1 The
application should be filed within seven days of receipt of the notice
scheduling oral argument or an order scheduling a proceeding or as soon as
otherwise practicable. The individual seeking leave to participate remotely
shall declare, under penalty of perjury, that their travel to, and physical
presence at, the proceeding would place them or a person in their household
at an unacceptable risk of developing health complications from COVID-19.
A copy of the application should be served on the opposing parties and/or
counsel. No other proof or evidence, including confidential medical
information, in support of the application is needed. Consistent with
Pa.R.A.P. 3707, the application should indicate whether the other parties
concur with the relief sought. Absent extenuating circumstances, requests for
a “hybrid” proceeding, with less than all parties participating remotely, will
not be entertained. Requests will not be granted for only the convenience or
preference or for economic reasons. If a matter is scheduled for oral argument
and approved for remote argument, it will be heard following all in-person
arguments scheduled for the same date and time, i.e., at the end of the list.
Proceedings in which the Court permits remote arguments will follow the
Court’s protocols and directions for remote proceedings.2 Out of respect for
the time and resources expended by the Court and the parties in preparation
for a proceeding, every attempt will be made to proceed as scheduled.
1 A sample application is attached as Appendix A.
2 See Appendix B.
5. The Court will continue to provide a platform to livestream oral arguments
and other proceedings, where appropriate, through a public web link that will
be posted on the Court’s website in advance.
6. The Court will continue to monitor conditions with regard to COVID-19 in
Pennsylvania, including COVID-19 Community Levels in all counties and
COVID-19 response updates in individual counties and will amend these
Protocols as circumstances require. Accordingly, counsel, the public, and
the media are advised to monitor individual case dockets and the Court’s
website for additional information and updates.
Effective August 30, 2022
Appendix A
COMMONWEALTH COURT OF PENNSYLVANIA
APPLICATION FOR LEAVE TO APPEAR REMOTELY AT ARGUMENT
Case Number:
Case Caption:
Filing Party:
Pursuant to the Court’s Amended Protocols for In-Person Proceedings, the
undersigned moves for leave to appear remotely in the above case at a date and time to
be scheduled by the Court and declares the following:
1.
I am counsel or a party in this matter and am scheduled to appear
in person for a proceeding before the Commonwealth Court of Pennsylvania
on ______________________ at _____ a.m./p.m. in Courtroom ________________.
2.
Either I or a member of my immediate family living in my household is
at increased risk for severe illness due to COVID-19 as currently defined by
the U.S. Centers for Disease Control and Prevention. My travel to, and
physical presence at, argument would place me or a person in my household at
an unavoidable risk of developing serious health complications from COVID-
19 compared to what I ordinarily would experience absent such travel and
physical presence in the courthouse.
3.
If my application is granted, I understand that I will be notified to
appear remotely for argument.
4.
If my motion is granted, I agree and understand that I must comply with
the Court’s protocols, instructions and directives for participating in remote
proceedings, as well as any additional instructions provided by Court staff.
I declare that the foregoing is true and correct.
Executed on
Date:
Signature:
Name:
Appendix B
Protocol for WebEx Video Proceedings
1. Protocol BEFORE the argument:
The Court shall provide counsel with the information for connecting
to the video argument. This invitation will be sent by email.
It is the responsibility of counsel to provide the connection
information to their clients.
It is the responsibility of all parties to provide the Court with their
contact information. An email address will be required to join the
video.
All participants must appear by video connection unless otherwise
authorized by the Court.
Email invitations will be promptly sent to participants. If a participant
has not received the email invitation from the Court, please check
your SPAM or Junk folder before contacting the Court.
All parties must connect to the argument or call into the video system
at least 10 minutes before the scheduled start time.
All attorneys and pro se parties appearing before the Court must have
one of the following:
A computer with a functioning web camera, microphone and
speakers;
A video conferencing system that supports Session Initiation
Protocol (SIP) calling;
A tablet device that supports Cisco WebEx with a functioning
forward facing camera, microphone and speakers; or
An alternative device used to connect to Cisco WebEx in the
past.
2. Minimum Technology requirements:
If you experience audio issues with your computer/tablet audio, the
Court recommends that you have our system call you by using the
option listed in 5.C below.
The Court’s IT Department will endeavor to contact counsel and
witnesses in advance of the hearing to test their connection to the
WebEx platform.
3. Ground Rules and Video Conferencing Etiquette:
When not speaking, please mute your microphone. This helps prevent
background noise.
Earbuds or headphones are preferable to avoid feedback.
Be aware of your behavior. Because you are on a video conference,
people can see what you are doing at all times and WebEx video
conferences are recorded. Further, others may view the proceedings
via public livestream web link that will be provided to the parties and
posted to the Court’s website in advance of the proceeding.
If connecting from a laptop, plug in the laptop wall power.
Follow all instructions in the video conference invitation and note
important supplemental information, such as a backup phone number
in case you are disconnected.
Please be respectful; speak slowly and only one at a time.
Try not to speak over other parties. There is a slight delay when using
video technology.
The Court appointed crier will be on the call to open and close court
and to swear-in witnesses if needed.
Technical Support
If you have any questions or need technical assistance, contact 717-255-1626.
4.
Invitation from the Court:
Prior to your scheduled argument, you will receive an email from the
Court with connection instructions. Please make sure to monitor your
SPAM or Junk folder so that you receive the message. It should come
from @pacourts.us. Here is the information from a sample invitation.
In the invitation, there are multiple connection options:
WebEx: Click on the Green Join Meeting button.
Phone: Dial either of the numbers listed under Join by phone.
When prompted, enter the Meeting number (access code) listed
near the top of the invitation.
Use the SIP dial in connection number provided for non-
WebEx devices such as video conferencing systems.
Microsoft Lync/Skype for Business connection information is
also provided.
5. Controls while connected to WebEx:
Once connected to a meeting, if you move your mouse, the below
control panel should appear. These are the normal controls, but some
of them may be disabled which means they will not appear. The icons
will be the same.
From left to right, the controls are:
Mute/unmute microphone
Turn on/off camera
Share your desktop
Recording control (Only available to the Court)
Open/Close the participant list
Chat windows
Options – has more controls available
End Meeting
Under the More Options button (7 above, the 3 dots icon). If you are
having audio difficulties with your computer audio, you can have the
system call you. Click on the 3 dots icon and then choose Audio
Connection.
Click on the option “Call Me”. Enter the phone number that the
system should call and press the switch button. When the call comes
in, you will be prompted to press “1” to connect.
At the end of your call, press the red X to be disconnected.
