Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 4250 (July 31, 2021).

210 Pa. Code § 69.126. Emergency Applications.

§ 69.126. Emergency Applications.

 (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).

Source

   The provisions of this §  69.126 amended January 17, 2020, effective immediately, 50 Pa.B. 657. Immediately preceding text appears at serial pages (369584) and (363235).



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