CHAPTER 37. BUSINESS OF THE COMMONWEALTH COURT

Rule 3701. Amendments to Chapter.

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

THE COMMONWEALTH COURT

Rule 3702. Office of the Prothonotary.

 All business of the Commonwealth Court, except as otherwise provided by law, by these rules or by order of court, shall be administered through the principal Office of the Prothonotary maintained by the court at the seat of government in the City of Harrisburg. All matters within the jurisdiction of the court may be filed in the principal Office of the Prothonotary or in the filing office of the court maintained in the City of Philadelphia for transmission to the principal Office of the Prothonotary. Writs or other process issuing out of the court shall exit only from the principal Office of the Prothonotary and shall be returnable there.

   Official Note

 Regular sessions of the court, including regular sessions to hear cases listed for argument, shall be held at the seat of government in the City of Harrisburg and in the cities of Philadelphia and Pittsburgh as fixed by court calendars adopted from time to time.

   Official Note

 (a)  General rule.—A special session of the court may also be held in any judicial district of the Commonwealth whenever the court deems such a session to be in the interests of justice because of the convenience of parties or witnesses or both or for any other reason.

 (b)  Application.—An application for such a special session shall state in detail the reasons therefor and shall contain a certification pursuant to 42 Pa.C.S. §  563(b) (other sessions) of the availability, without cost to the Commonwealth, of suitable courtroom and related facilities, a court reporter and necessary personnel.

   Official Note

   Based on former Commonwealth Court Rule 11 and makes no change in substance.

   The provisions of this Rule 3704 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802. Immediately preceding text appears at serial pages (25502) and (25503).

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

   Official Note

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

   The provisions of this Rule 3705 adopted May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740.

ORIGINAL MATTERS

Rule 3709. Designation of Legal Aid Sources.

 Whenever a matter not subject to Chapter 15 (judicial review of governmental determinations) is brought before the Commonwealth Court within its original jurisdiction, the following names and related information shall be included in the notice to defend set forth in the complaint pursuant to Pa. R.Civ.P. No. 1018.1:

     Central Pennsylvania Legal Services, Inc.
213 North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-0581
   and
Public Services and Lawyers Referral Committee,
Dauphin County Bar Association
213 North Front Street
Harrisburg, Pennsylvania 17101
(717) 232-7536

   Official Note

   Based on former Commonwealth Court Rule 119A and makes no change in substance.

LISTING OF CASES FOR ARGUMENT

Rule 3711. All Cases to Be Heard on Fixed Date.

 Cases shall be listed for argument on a fixed date during the regular sessions of the court.

   Official Note

 Subject to the time limitations and conditions of Rule 3713 (argument en banc or before a panel) where applicable:

   (1)  Each appeal from a court of common pleas, each other matter which under the applicable law is required to be determined by the court upon the record before the government unit below, and each matter subject to Rule 1542 (oral argument and evidentiary hearing) in which no order for an evidentiary hearing has been entered, shall be listed for argument by the Prothonotary on a specified date, of which notice shall be given by the Prothonotary to the parties.

   (2)  An election case shall be argued before the judge to whom it is assigned immediately after the record is closed and briefs shall be submitted to the court at or before argument as directed.

   (3)  An appeal or petition for review (except a matter subject to Paragraphs (1) or (2) of this rule) which under the applicable law may be determined in whole or in part upon the record made before the court, shall be listed for argument by the Prothonotary on a specified date upon order of the judge to whom the case was assigned or upon praecipe of either party certifying that it is at issue for argument, and notice shall be given by the Prothonotary to the parties of the date fixed.

   (4)  A matter, except a matter subject to Rule 1542, commenced in the court within its original jurisdiction when at issue for argument on preliminary matters or after the record has been made shall be listed by the Prothonotary for argument upon the order of the President Judge or the judge before whom the record has been made.

   Official Note

 On the initiative of the court, or at the request of either party and approved by the assigned judge, argument after the record has been made may be heard by the court en banc or by a panel of at least three judges.

   Official Note

 (a)  Matters heard solely on certified record. An appeal from a court of common pleas and each other matter which under the applicable law is required to be determined by the court upon the record before the government unit below shall be eligible for listing for argument after the record has been filed. When all briefs and reproduced records have been filed, the Prothonotary shall list the case for oral argument on a specified date and shall give at least ten days written notice by first class mail to all parties of the date scheduled for the argument. The Court may direct any matter to be submitted on briefs without oral argument.

 (b)  Original jurisdiction matters. A matter commenced in whole or in part within the original jurisdiction of the court including matters under Rule 1571 (determinations of the Board of Finance and Revenue) when at issue for argument on preliminary matters or after the record has been made shall be listed for oral argument on a specified date with at least 70 days written notice of that date to all parties. In every such case, not more than 30 days after the date of such notice, the moving party shall file 15 copies of his brief with the Prothonotary, and shall concurrently serve upon the responding party one copy of his brief. The responding party, not more than 60 days after the date of such notice, shall file 15 copies of his brief with the Prothonotary, and shall concurrently serve upon the moving party one copy of his brief.

   Official Note

   Under Rule 105 the court may reduce or enlarge any of the time periods specified in the rule. Preliminary matters referred to in Subdivision (b) include preliminary objections, motions for judgment on the pleadings, motions for summary judgment and motions to quash.

 The Prothonotary shall distribute to each judge who is to hear an argument, whether en banc or before a panel, at least five days before the argument date, copies of all briefs and reproduced records which have been filed by the parties.

   Official Note

   Based on former Commonwealth Court Rule 33 and makes no change in substance.

ARGUMENT BEFORE COURT EN BANC OR A PANEL

Rule 3721. Composition of Court.

 Argument of cases shall be heard by the court en banc or by a panel as determined by the court in its discretion. The President Judge shall, insofar as practicable, assign the members of the court to panels in such fashion that each member sits substantially the same number of times with each other member.

   Official Note

   The first sentence of the rule is based on former Commonwealth Court Rule 41.

 The President Judge or his designee shall preside over any panel.

 In cases argued before a single judge, as in petitions for review of determinations of government units which are determined in whole or in part upon the record made before the court, or in cases argued before a panel of judges, the court, at any time on its own initiative before its order becomes final, or upon application for reargument pursuant to these rules, may allow reargument before the court en banc. Such action will be taken only for compelling and persuasive reasons.

   Official Note

   Based on former Commonwealth Court Rule 43. The time for applying for reargument is increased from ten to 14 days. See Rule 2542 (time for application for reargument).

EVIDENTIARY HEARINGS

Rule 3731. Assignment of Judge.

 Each matter which under the applicable law may be determined in whole or in part upon the record made before the court, and each election case shall be assigned by the President Judge to a judge, who shall be responsible for all matters in the case until such time as it is concluded by him or is at issue for argument.

   Official Note

   Based on former Commonwealth Court Rule 50 and makes no change in substance. See also 42 Pa.C.S. §  564 (evidentiary hearings) which provides that in any matter which requires the taking of testimony, the President Judge of the Commonwealth Court may assign a judge of the court, or another judge temporarily assigned to the court pursuant to 42 Pa.C.S. §  4121 (assignment of judges), to sit and receive evidence, and to perform such other duties as may be prescribed by rule or order of court.

 Unless an evidentiary hearing is set by the President Judge or by the assigned judge, such a hearing shall be held only after a praecipe therefor has been filed by any party. If the President Judge has not set the time and place for an evidentiary hearing, the assigned judge shall fix the time and place for hearing of each case assigned to him, subject to the approval of the President Judge as to space and staff limitations.

   Official Note

 Insofar as is practicable in view of the pending case loads of individual judges, and the duties and responsibilities of the President Judge, assignments shall be made on a rotating basis to and among the judges of the court.

   Official Note

 In matters which under the applicable law may be determined in whole or in part upon the record made before the court, the record made before the court as transcribed and filed, together with the pleadings and other documents filed incident to the matter (including any record certified pursuant to Chapter 19 (preparation and transmission of the record and related matters)), shall comprise the record in the court and need not be reproduced for purposes of argument, except as prescribed in Rule 2111(c) (pleadings).

   Official Note

 Upon notice from the Commonwealth Court that a matter in that court is to be tried by jury, the court of common pleas of the county in which the matter is to be tried shall provide courtroom facilities and a jury. The matter shall be tried as a Commonwealth Court case at such time as the President Judge of the designated court of common pleas and the President Judge of the Commonwealth Court shall agree.

   Official Note

   The judge who presides over the trial of such a Commonwealth Court case will be a judge assigned under Rule 3731 (assignment of judge), who may be either a judge of the Commonwealth Court or another judge (whether or not of the judicial district which provides the jury) temporarily assigned to the Commonwealth Court pursuant to Rule 701 of the Pennsylvania Rules of Judicial Administration (assignment of judges to courts). See also note to Rule 3731 (assignment of judge).

   The provisions of this Rule 3735 amended March 7, 1978, effective April 1, 1978, 8 Pa.B. 824; amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802. Immediately preceding text appears at serial page (34004).

   This rule cited in 210 Pa. Code §  67.5 (relating to duty rosters—location of proceedings).

COSTS

Rule 3751. Taxation of Costs.

 A party who desires costs to be taxed under Rule 2762(b) (procedure for collection of costs on appeal) shall state them in an itemized and verified bill of costs which such party shall file with the Prothonotary within 14 days after entry of the judgment or other final order.

   Official Note

   As to taxation of costs generally see Chapter 27 (fees and costs in appellate courts and on appeal).

   The provisions of this Rule 3751 adopted April 26, 1982, effective September 12, 1982, 12 Pa.B. 1536.

ENFORCEMENT PROCEEDINGS

Rule 3761. Enforcement Proceedings.

 (a)  Petition. When a government unit seeks to enforce an order issued under a statute which it administers, it may initiate the proceedings by filing a petition to enforce.

 (b)  Service. The petitioner shall serve the petition and order in the manner prescribed by the Pennsylvania Rules of Civil Procedure for service of original process and shall file the return or certificate of service prescribed by the same rules.

 (c)  Hearing and Notice. Upon the filing of a petition to enforce, the court will issue an order setting a date for a hearing and a date by which the respondent must answer the petition. The petitioner shall serve the court’s order upon the respondent in the manner prescribed by Rules 121 and 122.

 (d)  Relief. Following the hearing, the court will enter such orders as may be appropriate.

 (e)  Discovery. Discovery shall be allowed only upon leave of court.

   Official Note

   Rule 3761 (relating to enforcement proceedings) has been promulgated by the Commonwealth Court of Pennsylvania pursuant to authority granted to it by Pa.R.A.P. 104. The rule was made necessary by the opinion issued by the Supreme Court of Pennsylvania in Pennsylvania Human Relations Commission v. School District of Philadelphia, 732 A.2d 578 (Pa. 1999), in which the Court held that the ‘‘rules of appellate procedure, rather than the rules of civil procedure, govern enforcement proceedings in Commonwealth Court.

   Prior to the Supreme Court ruling in PHRC, Commonwealth Court had treated enforcement proceedings as matters resting within the Court’s original jurisdiction and thereby governed in part by the rules of Appellate Procedure and in part by the Rules of Civil Procedure. In PHRC, the Supreme Court made clear that enforcement proceedings are within Commonwealth Court’s appellate jurisdiction and that only the Rules of Appellate Procedure apply. The Supreme Court’s ruling left a void, however, because the Rules of Appellate Procedure did not prescribe specific procedures governing enforcement proceedings.

   Consistent with PHRC, therefore, Rule 3761 was adopted to establish a Rule of Appellate Procedure to codify the practice which the Commonwealth Court had theretofore followed in enforcement proceedings when those proceedings were regarded as matters within the Court’s original jurisdiction. This special rule governing Commonwealth Court practice adheres to the Supreme Court’s opinion in PHRC and should prove to be of benefit to both the bench and bar.

   The provisions of this Rule 3761 adopted January 28, 2002, effective January 28, 2002, 32 Pa.B. 876, reprinted at 34 Pa.B. 2688 (May 22, 2004).