CHAPTER 35. BUSINESS OF THE SUPERIOR COURT

Rule 3501. Amendments to Chapter.

 This chapter may be added to or otherwise amended by order of the Supreme Court, or by order of the Superior Court pursuant to Rule 104 (rules of court).

THE SUPERIOR COURT

Rule 3502. Office of the Prothonotary.

 The Prothonotary shall maintain offices in the cities of Philadelphia, Pittsburgh and Harrisburg. The Prothonotary may direct the parties to file documents in a specified office. A document thereafter filed in an improper office shall be transferred to the proper office as if pursuant to Rule 751 (transfer of erroneously filed cases). See also Rule 2703 (erroneously filed cases).

   Official Note

   The amendments to this chapter abolish the division of the Commonwealth into Philadelphia, Harrisburg and Pittsburgh Districts and the related October, March and April Term system. The present offices will continue to exist and will be available for filings. The distribution of cases among the offices will be an administrative matter. See Note to Rule 3301 (office of the prothonotary).

 The seal of the Superior Court shall be in the following form:

   Official Note

   See note to Rule 3302 (seal of the Supreme Court).

   The provisions of this Rule 3503 amended May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740. Immediately preceding text appears at serial page (39679).

APPEALS AND ARGUMENT LISTS

Rule 3511. [Rescinded].

 In all appeals, appellant and appellee shall each be allowed 15 minutes to present his argument. Where there are two or more appeals from the same order raising different or unrelated questions and in joint appeals under Rule 512 (joint appeals), counsel addressing the court for each side shall be allowed ten minutes to present his argument. The total time allowed any side shall not exceed 30 minutes.

   Official Note

 No case on the weekly list shall be continued when reached, except by leave of the court upon cause shown. Engagement of counsel in the lower courts will not be recognized as a reason for the continuance or postponement of a case, except when they are actually engaged in a trial which has been commenced in a previous week and is unfinished.

   Official Note

 The list shall be made up each day at three o’clock for the following day, and cases on that list must be argued or nonprossed when called.

   Official Note

 When it is desired, for any reason whatever, that a case be passed at its regular turn on the list, the Prothonotary of the Superior Court must be notified before the case is put on the daily list. Engagement of counsel in other courts, or agreement of parties, is no ground of exception to this requirement. The rule is for the conduct of the business of the court, and is not subject to variation by counsel for any cause.

   Official Note

 Whenever a notice of appeal to the Superior Court is filed, the Prothonotary shall send a docketing statement form which shall be completed and returned within ten (10) days in order that the Court shall be able to more efficiently and expeditiously administer the scheduling of argument and submission of cases on appeal. Failure to file a docketing statement may result in dismissal of the appeal.

 (a)  Briefs of the Parties. The brief of the appellant or the appellee may include, in addition to those matters enumerated in Rule 2111, a request for the publication of the Superior Court’s disposition with respect to the issues on appeal. The request shall be separately and distinctly entitled and shall set forth the reasons why publication as an opinion is being sought. Such reasons may include (1) that the Court of Common Pleas has decided a question of substance not previously determined by the Superior Court or the Supreme Court; (2) the Court of Common Pleas has rendered a decision in conflict with the decision of another Court of Common Pleas on the same question; or (3) the question involves an issue of substantial public importance.

 (b)  After an unpublished memorandum decision has been filed, the panel may sua sponte, or on the motion of any party to the appeal, or on request by the trial judge, convert the memorandum to a published opinion. In the case of a motion of any party to the appeal or a request from the trial judge, such motion or request must be filed with the Prothonotary within 14 days after the entry of the judgment or other order involved. The decision to publish is solely within the discretion of the panel.

 In all cases other than post-conviction hearing cases, upon receipt of the appellant’s brief, the Prothonotary shall send a reply letter to the appellant asking whether oral argument is requested. If appellant responds in a timely fashion that appellant requests oral argument, the case will be listed for argument. If appellant fails to respond in a timely fashion, the case will be submitted on the briefs, unless otherwise directed by the court on its own motion or upon application.

   The provisions of this Rule 3521 adopted June 28, 2002, effective June 6, 2002, 32 Pa.B. 3076.