Superior Court of Pennsylvania

PROTOCOLS FOR IN-PERSON ARGUMENTS (Effective September 1, 2021)

Starting with the September 2021 Court session, the Superior Court of Pennsylvania has adopted a policy that in-person arguments are at the discretion of the respective Argument Court Panel. The following Argument Court Panels may be scheduled for in-person argument and are subject to these polices and protocols:

Panel A20-2021 – Pittsburgh (9/28/2021 – 9/30/2021) Panel A21-2021 – Philadelphia (10/5/2021 – 10/7/2021) Panel A22-2021 – Lancaster County (10/13/2021 – 10/14/2021) Panel A23-2021 – Tioga County (10/19/2021 – 10/20/2021) Panel A24-2021 – Philadelphia (10/26/2021 – 10/28/2021) Panel A25-2021 – Pittsburgh (11/9/2021 – 11/10/2021) Panel A26-2021 – Philadelphia (11/16/2021 – 11/18/2021) Panel E03-2021 – Harrisburg (11/30/2021) (En Banc) Panel A27-2021 – Philadelphia (12/7/2021 – 12/9/2021) Panel A28-2021 – Harrisburg (12/1/2021 – 12/2/2021) Panel A29-2021 – Pittsburgh (12/14/2021 – 12/16/2021)

This document sets forth Protocols governing appearances when the Panel elects to hold live in-person sessions. These Protocols reflect the Court’s strong preference to hear arguments from counsel and incorporate the Court’s concerns for the health and safety of the general public, counsel, Court staff, and the Judges. Because of the evolving public health guidance provided by the CDC, the State Department of Health, and the various municipal health departments, concerning the continuation of the COVID-19 pandemic, the Court may modify these Protocols as needed.

1 In General • Counsel, litigants, and other individuals accompanying counsel who arrive at the Courthouse or other designated location must meet the health screening requirements and entrance protocols specified at the entrance to the building. All persons must wear a mask at all times in the building, including the Courtroom, with the exception of counsel or self-represented litigant who is making argument at the time their case is heard and when directed by the Presiding Judge. All persons must adhere to social distancing. • Only arguing counsel and no more than one attendee whose presence is necessary to assist or supervise arguing counsel (e.g., a client, lawyer sitting second chair, or paralegal) or self-represented litigant are permitted access to the Courtroom. Representatives of the news media are also permitted access to the Courtroom but must adhere to the mask requirement. o Notwithstanding this policy, Court Security has complete discretion to restrict access to the Courtroom to ensure social distancing. • Following security screening at the entrance, counsel and attendees, and self-represented litigants, must report directly to the courtroom designated for argument. Counsel and attendees, and self-represented litigants, have access to the lobby area and restrooms immediately outside of the designated Courtroom or other designated location. Following security screening in the main lobby, counsel and attendees and self-represented litigants must report directly to the assigned Courtroom. Once arriving at the Courtroom, they must check in with Court staff, and must sit together only in the areas designated by Court staff. • Lawyers and associated attendees, as well as self-represented litigants, for the case currently being argued, and for the next three cases, will be asked to sit in the Courtroom. Those present for the remaining cases will be requested to remain in the area immediately outside the Courtroom. This policy may be modified by the Presiding Judge in accordance with the circumstances then present.

2 • To enter the Courtroom, counsel and attendees will be required to attest to the fact that they are fully vaccinated or have received a negative COVID- 19 test administered within the prior 48 hours (polymerase chain reaction [PCR] tests preferred). Such process will be done by completing the Superior Court Health and Safety Certification for In-Person Argument form (Attached) on the day of argument and presenting the form to the Courtroom crier upon entry into the Courtroom. Such forms shall not be filed with the Court ahead of time. Arguing counsel or self-represented litigant who would prefer not to complete this process may elect instead to appear remotely and file the Motion for Leave to Appear Remotely at Argument (Attached) with the appropriate Superior Court Prothonotary Office, at least two weeks before the scheduled argument.

• No one may enter the Courthouse or other designated building if:

o They have tested positive for COVID-19 within the previous 14 days, or are currently awaiting the results of a COVID-19 test;

o Have, within the previous 14 days, been in known close contact (as defined by standards provided by the CDC) with a person who has been diagnosed with COVID-19;

o Have been directed to either isolate or self-quarantine by any physician, hospital, or health agency; or

o Currently have symptoms consistent with COVID-19, such as a temperature in excess of 100.4 degrees Fahrenheit, chills, cough, shortness of breath or difficulty breathing, unusual fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion, nausea or vomiting, or diarrhea; or

o Have traveled internationally within the previous 14 days.

• Arguing counsel must certify in advance of the sitting that they have read, understand, and will comply with these Protocols and that they are responsible for ensuring that an attendee has read and will comply with the Protocols while in the Courthouse, Courtroom, or other designated location for argument. Counsel’s certification must be made on the Superior Court

3 Certification of Compliance with Revised Protocols for In-Person Argument (Attached) and filed electronically along with the Superior Court Acknowledgement of Argument Form. The same rule applies to self- represented litigants. Motions for Leave to Appear Remotely • Starting with Panel A20-2021 – Pittsburgh (9/28/2021 – 9/30/2021), oral arguments will be scheduled by the Court to be in-person at the discretion of the Panel. However, the Court recognizes that some remote appearances during this transition period may be warranted because of COVID-19- related medical risk to certain arguing counsel or members of arguing counsel’s household, or to a self-represented litigant. • Within seven days of receipt of the Notice of Argument Form, arguing counsel seeking leave to appear remotely must complete the Superior Court Motion for Leave to Appear Remotely at Argument (Attached) and declare under penalty of perjury that counsel’s travel to, and physical presence at, argument would place counsel or a person in counsel’s household at an unacceptable risk of developing health complications from COVID-19. As always, a copy must be served on opposing counsel or self-represented litigant. No other proof or evidence in support of the motion is needed. The same rule applies to self-represented litigants. o The Panel will schedule remote arguments on a separate date. The Superior Court does not permit one side to appear remotely and the other in person. Cases in which the Court permits remote arguments will follow the Superior Court’s protocols and directions for remote arguments currently in effect. • The Court understands that certain intervening events may prevent arguing counsel or self-represented litigants from being able to comply with these Protocols on the day of argument for COVID-19-related reasons. Please be advised that the health and safety of all individuals is the primary concern. The Court will respond accordingly and work with counsel and self- represented litigants to ensure that proper argument is presented to the Court and at the same time adhere to safety guidelines.

4 • Counsel or self-represented litigants experiencing any COVID-19-related symptoms or who are required to quarantine should advise the appropriate Superior Court’s Prothonotary’s Office as soon as possible of the inability to attend in-person argument. In this event, they must also promptly file a Motion for Leave to Appear Remotely at Argument (Attached), seeking leave to have the case heard remotely. No confidential medical information is necessary. • Out of respect for the time and resources expended by the Court and the parties in preparation for oral argument, every attempt will be made to proceed with the argument as scheduled. The Court will continue to assess the ongoing need (or lack of necessity) for entry restrictions and update such protocols as warranted. The contact information for the three regional offices of the Superior Court’s Prothonotary Office is:

Philadelphia Office Benjamin Kohler, Esq., Deputy Prothonotary 215-560-5800

Harrisburg Office Jennifer Traxler, Esq., Deputy Prothonotary 717-772-1294

Pittsburgh Office Bobbi Jo Wagner, Esq., Deputy Prothonotary 412-565-7592

5 SUPERIOR COURT OF PENNSYLVANIA

HEALTH AND SAFETY CERTIFICATION FOR IN-PERSON ARGUMENT

Case Number:

Case Caption:

Filing Party:

Please complete this form on the morning of argument and hand it to the Court crier.

Pursuant to the Court’s Protocols for In-Person Arguments, the undersigned declares the following:

1. I am scheduled to appear in person for argument in the Superior Court

of Pennsylvania either as (a) arguing counsel or (b) to assist or to supervise

arguing counsel in the above case with arguing counsel’s knowledge and

approval; or (c) pro se (self-represented) litigant.

2. I am either (a) fully vaccinated for COVID-19 or (b) have received a

negative test result for COVID-19 that was administered within 48 hours of the

argument scheduled in the above case.

3. Regardless of my vaccination status, I agree to wear a mask while in

the Superior Court unless excused by the Presiding Judge in the above case. 4. I do not currently have any symptoms consistent with COVID-19, such

as a temperature in excess of 100.4 degrees Fahrenheit, chills, cough, shortness

of breath or difficulty breathing, unusual fatigue, muscle or body aches,

headache, new loss of taste or smell, sore throat, congestion, nausea or

vomiting, or diarrhea.

Pursuant to 18 Pa.C.S.A. § 4902, I declare under penalty of perjury that the foregoing is true and correct.

Executed on

Date:

Signature: ______

Name:

Phone: SUPERIOR COURT OF PENNSYLVANIA

CERTIFICATION OF COMPLIANCE WITH PROTOCOLS FOR IN-PERSON ARGUMENT (form 2)

Case Number:

Case Caption:

Filing Party:

Instructions: Review the Protocols for In-Person Arguments and check the box confirming your agreement with each item. Please file this Certification along with your Acknowledgment of Oral Argument unless otherwise ordered by the Prothonotary’s Office. Counsel may contact the Prothonotary’s Office for the district holding the session: ED: 215-560-5800; MD: 717-772-1294; WD: 412-565-7592.

I have read, understand, and will comply with the Protocols for In-Person Arguments (“Protocols”). In light of the Protocols, I am advising the Court that I plan to appear in person at argument. I understand and agree that, as an officer of the Court or party, I am personally responsible for ensuring all individuals attending argument with me have also read and will comply with the Protocols. I further understand and agree that it is my responsibility to ensure that all individuals attending argument with me remain in compliance with the Protocols while in the Superior Court. I understand and agree that I have an obligation to advise the Prothonotary’s Office as soon as possible if I am no longer able to attend argument in person due to COVID-19 related intervening events. I understand and agree that by entering the Superior Court on the day of my argument, I am affirmatively representing to the Court that I and all individuals attending argument with me do not have any COVID-19 related symptoms and are in compliance with the Protocols. I understand and agree that upon entering the Superior Court on the day of my argument, I and all individuals attending argument will provide an attestation of either vaccination or required testing. I further understand that any person not completing the attestation will not be permitted in the Superior Court on the day of argument, which may impact the ability to present at argument.

As arguing counsel or self-represented litigant in the above case, I certify my compliance with the above provisions and that my failure to abide by any of above provisions may subject me to discipline.

Date: Signature:

Name: SUPERIOR COURT OF PENNSYLVANIA

MOTION FOR LEAVE TO APPEAR REMOTELY AT ARGUMENT

Case Number:

Case Caption:

Filing Party:

Pursuant to the Court’s Protocols for In-Person Arguments, the undersigned moves for leave to appear remotely in the above case at a date and time to be scheduled by the

Court and declares the following:

1. I am arguing counsel or self-represented litigant in this case and am

scheduled to appear in person for argument at the Superior Court of

Pennsylvania.

2. Either I or a member of my immediate family living in my household is

at increased risk for severe illness due to COVID-19 as currently defined by

the U.S. Centers for Disease Control and Prevention. My travel to, and

physical presence at, argument would place me or a person in my household at

an unavoidable risk of developing serious health complications from COVID-

19 compared to what I ordinarily would experience absent such travel and

physical presence in the courthouse.

3. If my motion is granted, I understand that I will be notified to appear

remotely for argument.

4. If my motion is granted, I agree and understand that I must comply with

the Superior Court’s protocols, instructions and directives for arguing counsel participating in remote arguments, as well as any additional instructions

provided by Court staff.

Pursuant to 18 Pa.C.S.A. § 4902, I declare under penalty of perjury that the foregoing is true and correct.

Executed on

Date: Signature:

Name: