210 Pa. Code § 65.22 - Motions Review Subject to Motions Panel Disposition

A. Motions to Quash or Dismiss Appeals, Petitions for Permission to Appeal pursuant to Pa.R.A.P. 312, 1301-1323 and 42 Pa.C.S. § 702(b), and Petitions for Review pursuant to Pa.R.A.P. 1501 et seq. shall be subject to review and disposition by a panel of three judges.

B. After a motion subject to this Rule has been filed with the Prothonotary's office, the Prothonotary shall forward the motion to Central Legal Staff which shall prepare and circulate to the motions panel a legal memorandum and recommendation.

1. Votes thereon shall be due three weeks from the date on which the motion and accompanying documents are sent by Central Legal Staff, unless the case has been designated Children's Fast Track or Other Family Fast Track.

2. Votes on cases which have been identified as Children's Fast Track or Other Family Fast Track shall be due two weeks from the date on which the motion and accompanying documents are sent by Central Legal Staff.

C. If, in reviewing motions to be referred to a motions panel, Central Legal Staff determines that the motion is patently defective or the appeal is clearly defective or can be disposed of based upon established case law, the motion may be presented to the assigned motions judge.

D. Where a motions panel denied a motion to quash or dismiss, it shall be denied without prejudice to the moving party's right to again raise the issue(s) presented by the motion before the merits panel by refiling the original motion in writing or preserving the issue in the written brief.

Notes

210 Pa. Code § 65.22

The provisions of this § 65.22 amended November 11, 1994, effective 9/29/1994, 24 Pa.B. 5651; amended December 27, 1996, effective 1/1/1997, 26 Pa.B. 6180; amended February 7, 1997, effective 2/10/1997, 27 Pa.B. 715; amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended October 25, 2007, effective immediately, 37 Pa.B. 6200; amended March 16, 2009, effective immediately, 39 Pa.B. 1613; amended June 14, 2017, effective immediately, 47 Pa.B. 6362.