210 Pa. Code § 65.38 - Reconsideration, Reargument, and En Banc Review
A. All applications, motions, or petitions
requesting reconsideration of the final decision of a merits panel, shall be
recognized as Applications for Reargument pursuant to Pa.R.A.P. 2541 et
seq., and shall be subject to all the rules and limitations otherwise
applicable to Applications for Reargument.
B. All such applications described in
subsection A shall first be submitted to the merits panel that issued the
decision in question, i.e., the original merits panel, for
consideration by that panel.
C. The
members of the merits panel may vote to grant panel reconsideration, grant en
banc reargument, or deny any such application.
1. If the merits panel recommends en banc
reargument, Central Legal Staff shall circulate the application, motion, or
petition, along with any relevant filings, original decision(s), and/or
summaries, to the commissioned judges for votes.
2. If a majority of the merits panel does not
vote to grant reconsideration, Central Legal Staff shall forward all relevant
reconsideration submissions to the commissioned judges as an Application for
Reargument before a court en banc.
3. A party's request that the case be
reargued before a court en banc shall not foreclose a merits panel's ability to
reconsider the decision that prompted the underlying
application.
D.
Reargument before a court en banc is not a matter of right, but of sound
judicial discretion. An Application for Reargument will be denied unless there
are compelling reasons therefor. Such reasons include, but are not limited to,
the following:
1. It appears that a decision
of a merits panel may be inconsistent with a decision of a different panel of
the court;
2. It appears that a
merits panel may have overlooked relevant precedent, statute, or rule of
court;
3. It appears that a merits
panel may have overlooked or misapprehended one or more material facts of
record;
4. It appears a merits
panel relied upon legal authority relevant to the decision that has been
reversed, modified, overruled, discredited, or materially altered during the
pendency of the appeal; and
5. It
appears the issues have potential for a significant impact upon developing law
or public policy.
E.
Reargument before a court en banc will be granted only if at least half of the
available commissioned judges of the court vote to grant reargument. A judge's
vote of "Did Not Participate" or "Recuse" shall constitute a reduction in the
count of available judges.
F. The
court will not entertain an application, motion, or petition for
reconsideration of a decision rendered by a court en banc.
Notes
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