Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part II - INTERNAL OPERATING PROCEDURES
Chapter 69 - INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA
ORGANIZATION AND ASSIGNMENT OF JUDGES
Section 69.126 - Emergency Applications
Universal Citation: 210 PA Code ยง 69.126
Current through Register Vol. 54, No. 44, November 2, 2024
(a) An emergency application is defined as an application filed during non-business hours, including holidays and weekends. Filing of emergency applications outside of normal business hours will be allowed only when both of the following conditions are present:
(1) The
application will be moot unless a ruling is obtained prior to noon of the next
business day; and
(2) The
application is being filed within two business days of the filing of the order
sought to be reviewed.
(b) An emergency application shall include the following:
(1) An explanation of why an
order of this Court is necessary, time sensitive and satisfies the threshold
requirements set forth in (a)(1)-(2); and
(2) An explanation of how service has been
perfected upon the opposing party or, if service has not been made, a summary
of the efforts to perfect service or explanation of why service is impossible
or impracticable; and
(3) Unless
already docketed with this Court:
(i) a
stamped "filed" copy of the relevant common pleas court order being appealed,
as well as a copy of the notice of appeal that will be filed with this Court;
or
(ii) a copy of the relevant
petition for review, whether addressed to this Court's appellate or original
jurisdiction; and
(4) The
appropriate filing fee or a sufficient affidavit to proceed in forma
pauperis.
(c) The filing of an emergency application should be made by contacting this Court's Prothonotary or designee, at one of the phone numbers provided in (c)(2), who will accept the papers by the most expeditious means available.
(1) The Court officer accepting the filing
shall contact the Duty Judge to make arrangements for consideration and
disposition of the emergency application. If the Duty Judge is not available,
the emergency application shall be referred to the President Judge and then to
the other Judges in descending order of seniority, if the President Judge is
not available.
(2) The telephone
number of the Court officer accepting the filing of emergency applications
shall be made available through the Court's after hours telephone message
system (717-255-1600 or 717-649-5153).
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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