Like a trial lawyer who knowingly makes a remark before the jury that’s sure to draw an objection, amicus curiae filers often seek to get the ear of the Pennsylvania Supreme Court before the procedural rules clearly allow, hoping to make an impression before the court decides the fate of the petition for review.
But there is a debate among appellate practitioners as to just what Pennsylvania Rules of Appellate Procedure allow for when it comes to parties seeking to file amicus briefs at the petition for allowance of appeal stage of a case.
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