Pa. Sup. Ct. IOP § 7

A. Duties of Prothonotary. All assignments of motions, miscellaneous petitions

and applications for relief, including emergency motions and those requesting the

exercise of King's Bench powers, extraordinary jurisdiction and original

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 14 DAYS

JURISDICTIONAL STATEMENT 909(b) 14 DAYS

PETITION FOR ALLOWANCE OF APPEAL 1116 14 DAYS

PETITION FOR ALLOWANCE OF APPEAL -

CHILDREN’S FAST TRACK CASES 1116(b) 10 DAYS

RECONSIDERATION 1123 NO ANSWER PERMITTED

PETITION FOR PERM. TO APPEAL 1314 14 DAYS

PETITION FOR REVIEW 1516(c) 30 DAYS

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

APPLICATION FOR RELEASE (BAIL) 1762 14 DAYS

REARGUMENT 2545 14 DAYS

ORIGINAL PROCESS

(e.g., HABEAS, MANDAMUS) 3307 14 DAYS

EXTRAORDINARY RELIEF 3309 14 DAYS

* MAY BE SHORTER IN STAY OR SUPERSEDEAS APPLICATIONS WHEN CIRCUMSTANCES

REQUIRE, OR BY COURT ORDER

B. Assignment, Circulation and Disposition. All motions, petitions and

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.

C. 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.

2. 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.

D. 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.

E. Applications for Stay of Execution in a Capital Case or for Review of an

Order Granting or Denying a Stay of Execution.

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

2. 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. 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.