§ 63.5. Allocaturs.

 A. Standards. Petitions for allowance of appeal (‘‘allocaturs’’) may be granted for any of the following reasons:

   1. that the holding of the intermediate appellate court conflicts with another intermediate appellate court opinion;

   2. that the holding of the intermediate appellate court conflicts with a holding of this Court or the United States Supreme Court on the same legal question;

   3. that the question presented is one of first impression;

   4. that the question presented is one of such substantial public importance as to require prompt and definitive resolution by this Court;

   5. that the issue involves the constitutionality of a statute of this Commonwealth;

   6. that the intermediate appellate court has so far departed from accepted judicial practices or so abused its discretion as to call for the exercise of this Court’s supervisory authority; or

   7. that the intermediate appellate court has erroneously entered an order quashing or dismissing an appeal.

 B. Assignment.

 Petitions for allowance of appeal shall be assigned to individual justices by the prothonotary’s office on a rotating basis for preparation of an allocatur report. Allocatur reports are to be circulated within sixty (60) days of the receipt of such an assignment with notice to the prothonotary’s office that the report is in circulation. The proposed disposition date shall not be greater than sixty (60) days from the date of circulation.

 Holds may be placed on petitions for allowance of appeal only upon written notice to the members of the Court and the prothonotary as to the reasons for the hold, e.g., the existence of another petition from another district presenting the same question. No hold may be placed on a petition without the existence of a terminus, e.g., the issuance of an opinion on a petition presenting the same question. A hold for the purpose of preparing a counter report shall not exceed thirty (30) days; only by vote of the majority can a hold be extended beyond thirty (30) days, but in no event shall a hold exceed ninety (90) days.

 Petitions from the same district presenting the same question shall be consolidated; petitions from different districts presenting the same question may be consolidated at the discretion of the Court. Where a hold results from the existence of another petition presenting the same issue, the parties shall be notified of the hold and the case which will determine the issue.

 Notwithstanding any contrary procedures set forth above, allocatur reports in Children’s Fast Track appeals are to be circulated within thirty (30) days of the receipt of the assignment with notice to the prothonotary’s office that the report is in circulation, and the proposed disposition date shall not be greater than thirty (30) days from the date of circulation. A hold for purposes of preparing a counter report in a Children’s Fast Track appeal shall not exceed fifteen (15) days; only by vote of the majority can a hold be extended beyond fifteen (15) days, but in no event shall a hold exceed forty-five (45) days.

 C. Disposition. A petition for allocatur is granted upon the affirmative vote of three or more members of the Court. Orders granting allocatur shall specify the issues upon which allocatur was granted, and whether the case is to be submitted on briefs or designated by the Court to be heard at the argument session. The order shall also contain the names of any justices not participating in the decision. In any case in which allocatur has been denied, a justice may request that the order of denial record that he or she voted to grant the petition.

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

 E. Monitoring.

   1. The prothonotary shall issue to the Court a confidential monthly report showing the name and docket number, assignment, assignment date and circulation date of all allocatur reports. Assignments open for more than sixty (60) days shall be separately listed. Monthly reports showing the filing date, and the votes for and against the granting of each allocatur petition shall also be provided by the prothonotary’s office to each justice.

   2. Cases shall be screened by the prothonotary for compliance with applicable appellate rules. Untimely filed petitions may be dismissed by the prothonotary without further action of the Court.

   The provisions of this §  63.5 amended February 4, 2011, effective in 30 days, and shall be applicable to petitions filed thereafter, 41 Pa.B. 923; amended May 18, 2011, 41 Pa.B. 2837. Immediately preceding text appears at serial pages (356199) to (356201).