Two weeks after the Pennsylvania Supreme Court heard arguments about what it takes to preserve a demand for arbitration in an uninsured motorist case, the court took the unusual step of issuing an order that tweaked the question the court is preparing consider.

The move, which attorneys said they have never seen before, led Justice David N. Wecht to issue a statement clashing with the rest of the court over whether re-writing the question on appeal was proper.

“If adhering to our own rules of appellate procedure is too 'disruptive' … it seems to me that we should seek to amend them. Selective enforcement is not the solution,” Wecht said. “At that point, rules become mere suggestions. And we can then dispense with the notion that equity is cabined by law.”