§ 67.53. Reporting of Opinions; Determination as to Reporting

 A. Each judge who is the author of an opinion of a panel or the court en banc shall indicate, in circulating the opinion to the other members of the court, the authoring judge’s recommendation as to whether the opinion should be reported. A decision generally should be reported when it:

   1. establishes a new rule of law;

   2. applies an existing rule of law to facts significantly different than those stated in prior decisions;

   3. modifies or criticizes an existing rule of law;

   4. resolves an apparent conflict of authority;

   5. involves a legal issue of continuing public interest; or

   6. constitutes a significant, non-duplicative contribution to law because it contains:

     (a)   an historical review of the law,

     (b)   a review of legislative history,

     (c)   a review of conflicting decisions among the courts of other jurisdictions.

 B. The recommendation shall govern the determination as to reporting, unless a majority of the commissioned members of the court disagree with it. Opinions of a single judge shall be filed but not reported unless, because of the unique character of the case, the executive administrator, the prothonotary or the authoring judge shall recommend that the opinion be reported and a two-thirds majority of the commissioned members of the court shall concur with the recommendation.

   The provisions of this §  67.53 amended April 8, 1994, effective April 9, 1994, 24 Pa.B. 1833; amended March 16, 2001, effective March 17, 2001, 31 Pa.B. 1458. Immediately preceding text appears at serial page (262333).