Current through Register Vol. 54, No. 45, November 9, 2024
Rule 104 - Rules of Court(a)General rule.-Each appellate court may from time to time make and amend rules of court governing its practice: (1) On any subject within the scope of Chapter 23 (sessions and arguments) notwithstanding any inconsistent provision of such chapter.(2) On any subject covered by these rules where these rules expressly authorize the adoption of a rule of court inconsistent with a provision of these rules applicable to appellate courts generally.(3) On any other subject, if such rule of court is not inconsistent with these rules. All rules of court and changes therein adopted pursuant to this rule shall be promulgated as amendments to Chapters 33, 35 or 37, as appropriate. In all cases not provided for by rule, the appellate courts may regulate their practice in any manner not inconsistent with these rules.(b)Briefs and reproduced records in Commonwealth Court evidentiary hearing matters.-The Commonwealth Court may from time to time make and amend rules of court governing its practice in matters which under the applicable law may be determined in whole or in part upon the record made before the court, notwithstanding any inconsistent provision of Chapter 21 (briefs and reproduced record) or Chapter 25 (post-submission proceedings).The provisions of this Rule 104 amended December 11, 1978, effective 12/30/1978, 8 Pa.B. 3802; amended February 27, 1980, 10 Pa.B. 1038, effective date as set forth at 10 Pa.B. 1038. Under 42 Pa.C.S. § 323 (powers) every court has, except as otherwise prescribed by general rules, power to make such rules and orders of court as the interest of justice or the business of the court may require.
All rules of court must be adopted in compliance with Pa. R.J.A. No. 103, which (except in the case of Supreme Court rules of court) requires filing in the Administrative Office prior to the effectiveness of such rules.
Rules contained in Chapters 33, 35 and 37 applicable to a particular appellate court should always be examined to determine whether they have superseded provisions of these rules applicable to appellate courts generally. Also, review of any applicable internal operating procedures may afford material guidance. See, e.g. 210 Pa. Code Ch. 67 (internal operating procedures of the Commonwealth Court).