FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
PHILADELPHIA MUNICIPAL COURT
In Re:Philadelphia Municipal Court, Traffic Division
Joint Administrative Order
No. 01 of 2013
O R D E R
AND NOW, this 10th day of July, 2013, in accordance with the provisions of Act 17 of 2013, it is hereby ORDERED, ADJUDGED and DECREED that effective on June 19, 2013:
(1) ThePhiladelphia Traffic Court shall be known as the "Philadelphia Municipal Court, Traffic Division."
(2) All references to the "Philadelphia Traffic Court" in statutes, ordinances, rules, regulations, pleadings, notices, orders, reports and other forms shall be deemed to be references to the "Philadelphia Municipal Court, Traffic Division."
(3) Until further notice, all hearings and other proceedings concerning prosecutions for summary offenses arising under the Vehicle Code, 75 Pa.C.S. ? 101et seq., and ordinances enacted pursuant to Title 75 shall continue to be held at 800 Spring Garden Street, Philadelphia, PA 19123.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that in order to provide an efficient and cost-minimizing transition, thePhiladelphia Municipal Court, Traffic Division may continue to use the current supply of citations, notices, orders, reports, stationary and other forms which contain references to the Philadelphia Traffic Court until such time as the current supply is depleted and updated forms can be ordered in a fiscally prudent manner.
This Administrative Order is issued in accordance with the April 11, 1986 order of the Supreme Court of Pennsylvania, Eastern District, No. 55 Judicial Administration, Docket No. 1; and with the March 26, 1996 order of the Supreme Court of Pennsylvania, Eastern District, No. 164 Judicial Administration, Docket No. 1, as amended. As required by Pa.R.Crim.P. No. 105 (D), this Order has been submitted to the Supreme Court?s Criminal Procedural Rules Committee for review and written notification has been received from the Committee certifying that this Order is not inconsistent with any general rule of the Supreme Court. This Order shall be filed with the Prothonotary in a docket maintained for Orders issued by the First Judicial District of Pennsylvania, and, as required by Pa.R.Crim.P. No. 105(E), two certified copies of this Order and a copy on a computer diskette, shall be distributed to the Legislative Reference Bureau for publication in thePennsylvania Bulletin. This Order will become effective immediately. As required by Pa.R.Crim.P. No. 105 (F) one certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts and will also be published on the Unified Judicial System?s web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx and posted on the First Judicial District?s website at http://courts.phila.gov. Copies shall be published in The Legal Intelligencer and will be submitted to American Lawyer Media, Jenkins Memorial Law Library, and the Law Library for the First Judicial District.
BY THE COURT:
/s/ Marsha H. Neifield /s/ Gary S. Glazer
Honorable Marsha H. Neifield Honorable Gary S. Glazer
President Judge Administrative Judge
Philadelphia Municipal Court Philadelphia Traffic Court
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE: : NO. 238
ORDER AMENDING RULE 1973 OF : APPELLATE PROCEDURAL RULES
THE PENNSYLVANIA RULES OF :
APPELLATE PROCEDURE : DOCKET
AND NOW, this 19th day of November, 2013, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration:
IT IS ORDERED, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Appellate Procedure 1973 is amended in the attached form.
ThisORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective December 20, 2013.
Additions to the rule are shown in bold and are underlined.
Deletions from the rule are shown in bold and in brackets.
Rule 1973. Discontinuance.
(a)General rule.?An appellant may discontinue an appeal or other matter as to all appellees as a matter of course [at any time prior to argument] until 14 days after the date on which the appellee?s principal brief is due, or thereafter by leave of court upon application. A discontinuance may not be entered by appellant as to less than all appellees except by stipulation for discontinuance signed by all the parties, or by leave of court upon application. Discontinuance by one appellant shall not affect the right of any other appellant to continue the appeal.
(b)Filing of discontinuance.?If an appeal has not been docketed, the appeal may be discontinued in the lower court. Otherwise all papers relating to the discontinuance shall be filed in the appellate court and the appellate prothonotary shall give written notice of the discontinuance in person or by first class mail to the prothonotary or clerk of the lower court or to the clerk of the government unit, to the persons named in the proof of service accompanying the appeal or other matter and to the Administrative Office. If an appeal has been docketed in the appellate court, the prothonotary or clerk of the lower court or the clerk of the government unit shall not accept a praecipe to discontinue the action until it has received notice from the appellate court prothonotary or certification of counsel that all pending appeals in the action have been discontinued.
Official Note: [Based on former Supreme Court Rule 20A; former Superior Court Rule 10A, and former Commonwealth Court Rule 28 (except last sentence).] When leave of court is required for discontinuance, the appellant must file an application for relief pursuant to Pa.R.A.P. 123. Prompt discontinuance of an appeal once there is a reason to do so promotes efficient use of judicial resources.