Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article III - MISCELLANEOUS PROVISIONS
Chapter 33 - BUSINESS OF THE SUPREME COURT
PETITIONS FOR CERTIFICATION OF QUESTIONS OF PENNSYLVANIA LAW
Rule 3341 - Petitions for Certification of Questions of Pennsylvania Law

Universal Citation: 210 PA Code ยง 3341

Current through Register Vol. 54, No. 44, November 2, 2024

(a) General Rule.-On the motion of a party or sua sponte, any of the following courts may file a petition for certification with the Prothonotary of the Supreme Court:

(1) The United States Supreme Court; or

(2) Any United States Court of Appeals.

(b) Content of the Petition for Certification.-A petition for certification need not be set forth in numbered paragraphs in the manner of a pleading, and shall contain the following (which shall, insofar as practicable, be set forth in the order stated):

(1) A brief statement of the nature and stage of the proceedings in the petitioning court;

(2) A brief statement of the material facts of the case;

(3) A statement of the question or questions of Pennsylvania law to be determined;

(4) A statement of the particular reasons why the Supreme Court should accept certification; and

(5) A recommendation about which party should be designated Appellant and which Appellee in subsequent pleadings filed with the Supreme Court.

There shall be appended to the petition for certification copies of any papers filed by the parties regarding certification, e.g., a motion for certification, a response thereto, a stipulation of facts, etc.

(c) Standards.-The Supreme 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. The Supreme 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 the Supreme 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.

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