§ 63.6. Motions, Miscellaneous Petitions and Applications for Relief.

 A. Assignments. All assignments of applications for relief, including emergency motions and those requesting exercise of King’s Bench powers and original jurisdiction, shall originate in the prothonotary’s office. No motions, petitions or applications will be considered which were not first filed in the office of the prothonotary and thence assigned unless a Rule of Appellate Procedure specifies otherwise. Once received, motions, petitions and applications will be monitored by the deputy prothonotary for compliance with applicable appellate rules. Motions, etc., which are not in compliance will not be docketed. Matters which are in compliance will be docketed and a response will be sought. At the expiration of the response period³ the documents will be forwarded to the Court.

  (Court Note: Time periods for responses

  *Could be shorter in stay or supersedeas applications when circumstances require, or by court order.)

 B. Disposition. The Chief Justice will prepare memoranda setting forth the positions of the parties, and a recommended disposition. Vote proposals shall be circulated within thirty (30) days from the date of assignment, and shall contain a proposed disposition date no greater than thirty (30) days from the date of circulation. A vote of the majority of those participating is required to implement the proposed disposition.

 Every motion shall be decided within (60) days. Orders disposing of motions shall include the names of any justices who did not participate in the consideration or decision of the matter. Procedural motions, e.g., requests for extension of time, requests to exceed page limits, and to proceed in forma pauperis, are to be disposed of by the prothonotary’s office after screening by the deputy prothonotary.

  (Court Note: Deputy prothonotaries are to be attorneys.)

 C. Emergency Motions.

   1. On or before the first Monday in January, the Chief Justice shall publish a calendar of duty assignments for the handling of emergency petitions. Two justices, one from the eastern district and one from the western district will be assigned by the Chief justice on a monthly rotating basis to review emergency petitions. Cases filed in the middle district will be assigned alternately between the Philadelphia and Pittsburgh duty justices. Any motion assigned to the duty justice may at the discretion of that justice be referred to the full Court for consideration, with or without the entry of an interim order. Moreover, emergency applications for stay of execution in death penalty cases may only be denied by a majority vote of the Court.

   2. Emergency motions may be filed by fax with the prothonotary, who will forward the papers to the duty justice, or a substitute. No other filing by fax will be permitted.

 D. Single Justice Motions. A duty justice may entertain and may grant or deny any request for relief which may, under Pa.R.App.P. 123, or 3315 properly be sought by motion, except that a single justice may not dismiss or otherwise determine an appeal or other proceeding.

   The provisions of this §  63.6 amended through September 27, 1995. Immediately preceding text appears at serial pages (192813) to (192814).