A.
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.
A per curiam order may be issued
1. when the Court's decision:
a. does not establish a new rule of
law;
b. does not alter, modify,
criticize or clarify an existing rule of law;
c. does not apply an established rule of law
to a novel fact situation;
d. 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
2. 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.
B.
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 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.
C.
Reconsideration Applications.
1.
Assignment. The
Prothonotary shall direct the application for reconsideration to the Justice
who prepared and filed the order.
2.
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.
Notes
The provisions
of this § 63.5 adopted January 9, 2013, effective in 30 days, 43 Pa.B.
514.
