Pa. Sup. Ct. IOP § 8

A. Court Limitation. This Court will accept Certification Petitions from the United

States Supreme Court or any United States Court of Appeals.

B. 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

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. 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.

D. 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. 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.