Legal Question in Civil Litigation in Pennsylvania
once a civil case is tried by a jury and won by plaintiff and a motion is put in by paintifs lawyer for interest on money can the judge then decide to have the case decided by a higher court involving 9 judges for a final decision ?
1 Answer from Attorneys
9 judges? Which county is this in? Usually a trial judge or a judge and jury decides the case and any post-trial motions. However, the matter can be referred for decision to the court en banc. The court en banc is comprised of 3 judges. See Pa.R.Civ.P. Rule 227.2.(providing that [a]ll post-trial motions and other post-trial matters shall be heard and decided by the trial judge unless the trial judge orders that the matter be heard by a court en banc of which the trial judge shall be a member. If the trial judge for any reason cannot hear the matter, another judge shall be designated to act. No more than three judges shall constitute the court en banc). The only exception might be if the county where the case was tried has some local rule 227.2 where they provide for an en banc panel of nine judges.
Nine judges hear a case en banc when the matter goes on appeal to the Pennsylvania Superior Court. However, the case usually gets heard by a three judge panel first. There are seven justices on the Pennsylvania Supreme Court.