Rule 3307. Applications for Leave to File Original Process.

 (a)  Scope.—This rule applies only to matters within the original jurisdiction of the Supreme Court under 42 Pa.C.S. §  721 (original jurisdiction) which are not in the nature of mandamus or prohibition ancillary to matters within the appellate jurisdiction of the Supreme Court. Applications for relief pursuant to or ancillary to the appellate jurisdiction of the Supreme Court, including relief which may be obtained in the Supreme Court by petition for review, are governed by Article I (preliminary provisions) and Article II (appellate procedure) and may be filed without an application under this rule. See also Rule 3309 (applications for extraordinary relief).

 (b)  General rule.—The initial pleading in any original action or proceeding shall be prefaced by an application for leave to file such pleading, showing service upon all parties to such action or proceeding. The matter will be docketed when the application for leave to file is filed with the Prothonotary of the Supreme Court. Appearances shall be filed as in other original actions. An adverse party may file an answer no later than 14 days after service of the application. An adverse party who does not intend to file an answer to the application shall, within the time fixed by these rules for the filing of an answer, file a letter stating that an answer to the application will not be filed. Upon receipt of the answer to the application, or a letter stating that no answer will be filed, from each party entitled to file such, the application, pleadings and answer to the application, if any, shall be distributed by the Prothonotary to the Supreme Court for its consideration.

 (c)  Disposition of application.—The Supreme Court may thereafter grant or deny the application or set it down for argument. Additional pleadings may be filed, and subsequent proceedings had, as the Supreme Court may direct. If the application is denied, the matter shall be transferred to the appropriate court by the Prothonotary in the same manner and with the same effect as matters are transferred under Rule 751 (transfer of erroneously filed cases).

   Official Note

   Based on U.S. Supreme Court Rule 9. Presumably this rule will seldom be invoked, since questions concerning the scope of the original jurisdiction of the Supreme Court may usually be avoided by filing the action in a lower court which clearly has subject matter jurisdiction, and immediately thereafter making application for transfer to the Supreme Court under Rule 3309 (applications for extraordinary relief).

   The provisions of this Rule 3307 amended April 26, 1982, effective September 12, 1982, 12 Pa.B. 1536; amended December 30, 1987, effective January 16, 1988 and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 18 Pa.B. 245. Immediately preceding text appears at serial pages (70122) to (70123).