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.
