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Pennsylvania Cases April 05, 2022: In re Temp. Modification of Rules of Appellate Procedure Arisingunder the Pa. Election Code

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Court: Pennsylvania Supreme Court
Date: April 5, 2022

Case Description

IN RE: TEMPORARY MODIFICATION OF THE RULES OF APPELLATE PROCEDURE ARISINGUNDER THE PENNSYLVANIA ELECTION CODE

No. 571

Supreme Court of Pennsylvania

April 5, 2022

Judicial Administration Docket

ORDER

PER CURIAM.

AND NOW , this 5 day of April, 2022, in order to expedite the appellate process regarding appeals from challenges to nomination petitions for any and all candidates running for office in the May 17, 2022 General Primary Election, Pa.R.A.P. 903(c)(1)(ii), providing for a ten-day appeal period from an order in any matter arising under the Pennsylvania Election Code, is TEMPORARILY MODIFIED to provide for a five-day appeal period.

Additionally, Pa.R.A.P. 107 is TEMPORARILY SUSPENDED to the extent it specifies that weekends and holidays are to be excluded from calculating the five-day appeal period.

In appeals arising under the Election Code that fall within this order, appellants shall file briefs within twenty-four hours after filing their notice of appeal and jurisdictional statement. Appellees' briefs are due within twenty-four hours of the filing of appellants' briefs. Further, Pa.R.A.P. 2113 (regarding reply briefs) is TEMPORARILY SUSPENDED in these matters; no reply briefs will be permitted.

Notices of appeal, jurisdictional statements, and briefs shall be filed electronically when counsel or the litigants have a PACFile account. Otherwise, counsel or the litigants shall contact the relevant filing office during normal business hours to make alternative arrangements to ensure that the filing office actually receives the submissions by the applicable deadline.

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Pa.R.A.P. 1931(a) and (c) (regarding the deadline for transmittal of the record when complete) are TEMPORARILY SUSPENDED in these matters, and the record shall be transferred as soon as practicable. The lower court may transmit partially completed records in the interest of facilitating prompt resolution of any appeal in these matters.

Applications for reconsideration or reargument will not be entertained by this Court on election matters falling under this order.

Any court deciding a matter that arises under the Pennsylvania Election Code in relation to the May 17, 2022 General Primary Election shall append a copy of this order to its decision.

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