Pennsylvania Superior Court Oral Argument Procedure

Rule 3305 provides that the prothonotary may adjudicate applications before the Supreme Court that generally relate to calendar control. In the Supreme Court, prorogations are dealt with by the chair of the committee. In the Commonwealth Court, prorogations are dealt with by the presiding judge or the duty judge. In each court of appeal, the application must be made to the prothonotary and not to a single judge of the Court of Appeal. (d) Regular list. The time required to discuss cases on the regular list is limited to a maximum of 30 minutes for each page. Where there are two or more appeals under the same decision and in joint proceedings, even if they raise different or unrelated issues, the person(s) pleading for all applicants shall be limited to a total of no more than 30 minutes for argumentation and the person(s) pleading for all appellants shall not be limited to a total of more than 30 minutes. The maximum duration shall be shared between or between appellants or between or between appellants, as they decide, subject to a reduction in accordance with paragraph (a) of this section. If the applicant or the applicant is not prepared to continue when a case is to be the subject of oral proceedings, the case may of course be dismissed. The tribunal may, at its discretion, hear a party that is prepared ex parte; or the court may act in a manner deemed appropriate in the circumstances. For the internal working procedure of the Supreme Court, see 210 Pa. Code § 63.3(D)(1)(h); for the internal working procedure of the Supreme Court, see 210 Pa. Code § 65.34(C).

This rule cites in 210 Pa. Code § 67.23 (concerning permissible argument time). (b) Suite.La continuation of the arguments of a case on a list subsequent to that specified in the prothonotary`s communication shall be admissible only upon request. The Court of Appeal or a designated judge of the Court of Appeal may, at the request of fewer than all the parties, grant continuance without notifying the other parties if necessary. An extension is granted only for compelling and convincing reasons. Only designated defence counsel presenting oral proceedings have access to the videoconference. All other interested participants – co-counsel, parties, public and media, etc. – can follow the arguments in real time via a live public web link. Links to the arguments presented before the Chambers and the full Court of Justice are included in the list of arguments. (a) As a general rule. By agreement of the parties, a case may be referred back for judgment on procedural documents, but the court may order that the case be heard.

Unless otherwise provided in the internal working procedures of an appellate court, the person presenting the arguments must ensure that they are placed in the courtroom before the court meets on the day of the hearing. After the hearing, the person presenting the evidence will arrange for the evidence to be removed from the courtroom, unless the court orders otherwise. If the evidence is not requested from counsel within a reasonable time after the prothonotary`s opinion, it must be destroyed or otherwise disposed of as the prothonotary considers appropriate. The prothonotary informs all parties in writing of the date and place of the hearing. The Supreme Court recognizes that health authorities have revised their policies regarding the COVID-19 pandemic. As a result, the Supreme Court revised its policy to reflect the fact that wearing a mask or face covering is generally no longer mandatory, but is left to the discretion of each person in the courtroom. The consequence of this rule is that the scheduling of proceedings is left to the discretion of the court. The rule replaces all the legal preferences and requirements that purport to govern the planning of an appellate court`s activities. “Where an applicant has filed the minutes and pleaded necessary on the question decided by the trial court, the failure to appear at the hearing does not constitute a waiver of the case; At the discretion of the court, not all cases are heard orally. Standard Pennsylvania Practice 2d § 90:16. A cross-appeal or separate remedy will be heard with the original appeal in a single argument, unless the court decides otherwise. If a case involves a cross-appeal, the plaintiff or claimant in the action below shall be deemed to be an appellant for the purposes of these Rules, unless the parties agree otherwise or the Tribunal orders otherwise.

When two or more parties support the same argument, care must be taken to avoid duplication of arguments. Where two or more appeals other than cross-appeals are heard together, each appellant shall open oral argument on his appeal, each appellant shall reply and (if the General Court so admits) not more than two appellants shall be heard conclusively. Each party must appoint a lawyer to argue on behalf of the party. In cases involving more than one party, the lawyer must inform the court in advance of the allocation of his trial time. By means of a separate notice, the court provided lawyers to argue with detailed information, protocols, and technical support for conducting the pleadings remotely. Due to the COVID-19 outbreak, hearings and pleadings before the Pennsylvania Commonwealth Court can be conducted remotely using advanced video communication technology. This page contains documents and information about remote argumentation sessions. Lawyers, the media and the public are encouraged to check this page regularly for updates on specific sessions. (b) Post-conviction cases. All parties must file complaints about the pleadings after conviction, unless the court decides otherwise of its own motion or upon request. (b) Assignment to lists.

The argument lists consist of the regular list and the select list. All cases listed for discussion will be included in the regular list, unless all parties request that the case be pre-selected. The public can download the audio files or listen to the recordings on the Court`s website. Audio recordings are listed by file name, file number and date of hearing. Defence counsel will not appear in person at court-designated hearings for a remote hearing; All remote arguments are performed by advanced video communication technology. Remote arguments are persisted at times specified in the argument schedule. Based on previous Supreme Court Rules 32 and 71 and Supreme Court Rules 24 and 64. The lawyer does not have to be present when the case is filed, unless the court has requested that the case be heard. (a) Avance.La submission of a case or a change from the usual place of argument shall be admissible only upon request. As a general rule, the advance is granted as soon as possible for the court, taking into account, for example, the usual time limit provided for by those rules for the service and filing of procedural documents and reproduced documents, unless the objection must demonstrate a valid reason why the case should not be raised. (a) General rule. Oral arguments are not admissible and are admissible only to the extent necessary to enable the Court of Appeal to understand the issues raised.

The President of the General Court may terminate the plea in law for each party, even if the maximum period for stating reasons provided for in the relevant provision of these Rules has not been exhausted. The court began recording hearings in 1955. The recordings are held by the National Archives and Records Administration. Prior to the 2010 Parliament, records for a judicial period were not available until the start of the next term. The archives will continue to serve as the official archive for the sound recordings of the Court.