On May 31, 2013, the PA Supreme Court issued an order amending its internal operating procedures. In the amendment the Court is no longer using the term Allocatur. Rather, the Court has banished that term and replaces it with the phrase Petition for Allowance of Appeal. Additionally, the Court deleted the Standards for granting Petitions for Allowance of Appeals. See tomorrow's blog post for the reason. The 7 standards which were deleted were:
- An intermediate appellate court holding conflicts with another intermediate appellate court opinion;
- The holding of an intermediate appellate court conflicts with a holding of the PA or U.S. Supreme Court;
- The questions is one of first impression;
- The question is one of such substantial public importance as to require prompt and definitive resolution by the Court;
- The issue involves the constitutionality of a statute;
- The intermediate appellate court has so far departed from accepted judicial practices or so abused its discretion as to call for the exercise of the Court’s supervisory authority;
- The intermediate appellate court has erroneously entered an order quashing or dismissing an appeal.
Most attorneys just look to the Rules of Appellate Procedure as we should when we have an appeal. However, next time you have an appeal, check on the current internal operating procedures of the Supreme Court. It might give you guidance as to the standards or lack thereof which guides the Court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
