§ 63.10. Certification of Questions of Law.

 A. Court limitation. This Court will accept Certification Petitions from any of the following courts:

   1. The United States Supreme Court; or

   2. United States Courts of Appeal.

 B. Standards. Like granting allocatur, acceptance of certification is a matter of judicial discretion. This Court may accept certification of a question of Pennsylvania law only where there are special and important reasons therefor, including, but not limited to, any of the following:

   1. The question of law is one of first impression and is of such substantial public importance as to require prompt and definitive resolution by this Court;

   2. The question of law is one with respect to which there are conflicting decisions in other courts; or

   3. The question of law concerns an unsettled issue of the constitutionality, construction, or application of a statute of this Commonwealth.

   4. This Court shall not accept certification unless all facts material to the question of law to be determined are undisputed, and the question of law is one that the petitioning court has not previously decided.

   5. This Court shall decide whether to accept or refuse certification without hearing oral argument.

 C. Assignment and Disposition. The prothonotary shall refer Certification Petitions to the Chief Justice. The Chief Justice will prepare memoranda setting forth the positions of the parties and a recommended disposition. Vote proposals shall be circulated within thirty days from the date of assignment, and shall contain a proposed disposition date no greater than thirty days from the date of circulation. A vote of the majority of those participating is required to implement the proposed disposition.

 Every Certification Petition shall be decided within sixty days. Orders disposing of Certification Petitions shall include the names of any justices who did not participate in the consideration or decision of the matter.

 Upon acceptance of certification, 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 briefs or designated by the Court to be heard at the argument session;

   2. Establish a briefing schedule;

   3. If oral argument is granted, list the matter for oral argument; and

   4. Take such further action as this Court directs.

 D. Reconsideration. A vote of the majority is required to grant reconsideration.

   The provisions of this §  63.10 adopted January 12, 2000, effective January 12, 2000, 30 Pa.B. 519.