Rule 123. Application for Relief.

(a) Contents of applications for relief.—Unless another form is elsewhere prescribed 

by these rules, an application for an order or other relief shall be made by filing a written 

application for such order or relief with proof of service on all other parties. The 

application shall contain or be accompanied by any matter required by a specific 

provision of these rules governing such an application, shall state with particularity the 

grounds on which it is based, and shall set forth the order or relief sought. If an 

application is supported by briefs, verified statements, or other papers, they shall be 

served and filed with the application. An application may be made in the alternative and 

[pray for]seek such alternative relief or action by the court as may be appropriate. All 

grounds for relief demanded shall be stated in the application and failure to state a 

ground shall constitute a waiver thereof. Except as otherwise prescribed by these rules, 

a request for more than one type of relief may be combined in the same application. 

(b) Answer.—Any party may file an answer to an application within 14 days after 

service of the application, but applications under Chapter 17 (effect of appeals; 

supersedeas and stays), or for delay in remand of the record, may be acted upon after 

reasonable notice, unless the exigency of the case is such as to impel the court to 

dispense with such notice. The court may shorten or extend the time for answering any 

application. Answers shall be deemed filed on the date of mailing if first class, express, 

or priority United States Postal Service mail is utilized. 

(c) Speaking applications.—An application or answer which sets forth facts which 

do not already appear of record shall be verified by some person having knowledge of 

the facts, except that the court, upon presentation of such an application or answer 

without a verified statement, may defer action pending the filing of a verified statement 

or it may in its discretion act upon it in the absence of a verified statement if the 

interests of justice so require. 

(d) Oral argument.—Unless otherwise ordered by the court, oral argument will not 

be permitted on any application. 

(e) Power of single judge to entertain applications.—In addition to the authority 

expressly conferred by these rules or by law or rule of court, a single judge of an 

appellate court may entertain and may grant or deny any request for relief which under 

these rules may properly be sought by application, except that an appellate court may 

provide by order or rule of court that any application or class of applications must be 

acted upon by the court. The action of a single judge may be reviewed by the court 

except for actions of a single judge under [Rule]Pa.R.A.P. 3102(c)(2) (relating to 

quorum in Commonwealth Court in any election matter).
2

(f) Certificate of compliance with Public Access Policy of the Unified Judicial 

System of Pennsylvania: Case Records of the Appellate and Trial Courts.—An 

application or answer filed under this Rule shall contain the certificate of 

compliance required by Pa.R.A.P. 127.

Official Note: The 1997 amendment precludes review by the Commonwealth Court 

of actions of a single judge in election matters.
3

[This is an entirely new Rule.]

Rule 127. Confidential Information and Confidential Documents. Certification.

(a) Unless public access is otherwise constrained by applicable authority, any 

attorney or any unrepresented party who files a document pursuant to these rules shall 

comply with the requirements of Sections 7.0 and 8.0 of the Public Access Policy of the 

Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial 

Courts (“Public Access Policy”). In accordance with the Policy, the filing shall include a 

certification of compliance with the Policy and, as necessary, a Confidential Information 

Form, unless otherwise specified by rule or order of court, or a Confidential Document 

Form.

(b) Unless an appellate court orders otherwise, case records or documents that are 

sealed by a court, government unit, or other tribunal shall remain sealed on appeal.

Official Note: Paragraph (a)—“Applicable authority” includes but is not limited to 

statute, procedural rule, or court order. The Public Access Policy of the Unified Judicial 

System of Pennsylvania: Case Records of the Appellate and Trial Courts (“Public 

Access Policy”) can be found at http://www.pacourts.us/public-records. Sections 7.0(D) 

and 8.0(D) of the Public Access Policy provide that the certification shall be in 

substantially the following form:

I certify that this filing complies with the provisions of the Public Access 

Policy of the Unified Judicial System of Pennsylvania: Case Records of 

the Appellate and Trial Courts that require filing confidential information 

and documents differently than non-confidential information and 

documents.

Appropriate forms can be found at http://www.pacourts.us/public-records. Pursuant 

to Section 7.0(C) of the Policy, a court may adopt a rule or order that permits, in lieu of a 

Confidential Information Form, the filing of a document in two versions, that is, a 

“Redacted Version” and an “Unredacted Version.” For certification of the Reproduced 

Record and Supplemental Reproduced Record in compliance with the Public Access 

Policy, see Pa.R.A.P. 2152, 2156, 2171, and accompanying notes.

Paragraph (b)—Once a document is sealed, it shall remain sealed on appeal unless 

the appellate court orders, either sua sponte or on application, that the case record or 

document be opened. 
4

Rule 531. Participation by Amicus curiae.

(a) General.—An amicus curiae is a non-party interested in the questions involved 

in any matter pending in an appellate court. 

(b) Briefs

(1) Amicus curiae Briefs Authorized.—An amicus curiae may file a brief (i) during 

merits briefing; (ii) in support of or against a petition for allowance of appeal, if the 

amicus curiae participated in the underlying proceeding as to which the petition for 

allowance of appeal seeks review; or (iii) by leave of court. An amicus curiae does 

not need to support the position of any party in its brief. 

(2) Content.—An amicus curiae brief must contain a statement of the interest of 

amicus curiae. The statement of interest shall disclose the identity of any person or 

entity other than the amicus curiae, its members, or counsel who (i) paid in whole or 

in part for the preparation of the amicus curiae brief or (ii) authored in whole or in 

part the amicus curiae brief. It does not need to contain a Statement of the Case and 

does not need to address jurisdiction or the order or other determinations in 

question. An amicus curiae brief shall contain the certificate of compliance 

required by Pa.R.A.P. 127.

(3) Length.—An amicus curiae brief under subparagraph (b)(1)(i) is limited to 

7,000 words. An amicus curiae brief under subparagraph (b)(1)(ii) is limited to 4,500 

words. An amicus curiae brief under subparagraph (b)(1)(iii) is limited to the length 

specified by the court in approving the motion or, if no length is specified, to half the 

length that a party would be permitted under the rules of appellate procedure. Any 

amicus curiae brief must comply with the technical requirements for briefs, including 

certificates of compliance, set forth in Pa.R.A.P. 1115, 2135(b)—(d), 2171—2174, 

and 2187, or other pertinent rules. 

(4) Time for filing briefs.—An amicus curiae brief must be filed on or before the 

date of the filing of the party whose position as to affirmance or reversal the amicus 

curiae will support. If the amicus curiae will not support the position of any party, the 

amicus curiae brief must be filed on or before the date of the appellant’s filing. In an 

appeal proceeding under Pa.R.A.P. 2154(b), 2185(c), and 2187(b), the amicus 

curiae must file on or before the date of service of the advance text by the party 

whose position as to affirmance or reversal the amicus curiae supports or, if the 

amicus curiae does not support the position of any party, on or before the date of 

service of the advance text of the appellant. 
5

(c) Oral argument.—Oral argument may be presented by amicus curiae only as the 

appellate court may direct. Requests for leave to present oral argument shall be by 

application and will be granted only for extraordinary reasons.

 Official Note: The Pennsylvania Supreme Court has held that "[a]n amicus curiae is 

not a party and cannot raise issues that have not been preserved by the parties." 

Commonwealth v. Cotto, 753 A.2d 217, 224 n.6 (Pa. 2000). In addition, the Court 

shares the view of the United States Supreme Court that "[a]n amicus curiae brief that 

brings to the attention of the Court relevant matter not already brought to its attention by 

the parties may be of considerable help to the Court. An amicus curiae brief that does 

not serve this purpose burdens the Court, and its filing is not favored." See U.S. 

Supreme Ct. R. 37.1. 

 The rule allows interested persons to be amicus curiae as to one or more questions 

during the merits briefing on that question. An amicus curiae can file a brief of right in 

support of or against a petition for allowance of appeal only if the amicus curiae

participated in the underlying proceedings giving rise to the order for which further 

review is sought. Any persons wishing to file amicus curiae briefs in any other 

circumstance must seek leave of court. 

 The 2016 amendment to the rule set forth content and length requirements for amicus 

curiae briefs. The amendment also established a requirement that all amicus curiae

briefs include a statement of interest disclosing whether any party to the appeal has 

paid in whole or in part for the preparation of the brief. 

 The 2011 amendment to the rule clarified when those filing amicus curiae briefs 

should serve and file their briefs when the appellant has chosen or the parties have 

been directed to proceed under the rules related to large records (Pa.R.A.P. 2154(b)), 

advance text (Pa.R.A.P. 2187(b)) and definitive copies (Pa.R.A.P. 2185(c)). Under

those rules, the appellant may defer preparation of the reproduced record until after the 

briefs have been served. The parties serve on one another (but do not file) advance 

texts of their briefs within the times required by Pa.R.A.P. 2185(c). At the time they file 

their advance texts, each party includes certified record designations for inclusion in the 

reproduced record. The appellant must then prepare and file the reproduced record 

within 21 days of service of the appellee’s advance text (Pa.R.A.P. 2186(a)(2)). Within 

14 days of the filing of the reproduced record, each party that served a brief in advance 

text may file and serve definitive copies of their briefs. The definitive copy must include 

references to the pages of the reproduced record, but it may not otherwise include 

changes from the advance text other than correction of typographical errors. Those 

filing amicus curiae briefs may choose to serve an advance text and then file and serve 

definitive copies according to the procedure required of the parties or they may choose 

to file a definitive brief without citations to the reproduced record.
6

Rule 552. Application to [Lower]Trial Court for Leave to Appeal [In Forma 

Pauperis]In Forma Pauperis.

(a) General rule.—A party who is not eligible to file a verified statement under 

[Rule]Pa.R.A.P. 551 (continuation of in forma pauperis status for purposes of appeal) 

may apply to the [lower]trial court for leave to proceed on appeal [in forma 

pauperis]in forma pauperis. The application may be filed before or after the taking of 

the appeal, but if filed before the taking of the appeal, the application shall not extend 

the time for the taking of the appeal. 

(b) Accompanying verified statement.—Except as prescribed in 

[Subdivision]paragraph (d) of this rule, the application shall be accompanied by a 

verified statement substantially conforming to the requirements of [Rule]Pa.R.A.P. 561 

(form of IFP verified statement) showing in detail the inability of the party to pay the fees 

and costs provided for in Chapter 27 (fees and costs in appellate courts and on appeal). 

(c) No filing fee required.—The clerk of the [lower]trial court shall file an application 

under this rule without the payment of any filing fee. 

(d) Automatic approval in certain cases.—If the applicant is represented by counsel 

who certifies on the application or by separate document that the applicant is indigent 

and that such counsel is providing free legal service to the applicant, the clerk of the

[lower]trial court shall forthwith enter an order granting the application. The clerk may 

accept and act on an application under this [subdivision]paragraph without an 

accompanying verified statement by the party. 

(e) Consideration and action by the court.—Except as prescribed in 

[Subdivision]paragraph (d) of this rule, the application and verified statement shall be 

submitted to the court, which shall enter its order thereon within 20 days from the date 

of the filing of the application. If the application is denied, in whole or in part, the court 

shall briefly state its reasons.

(f) Certificate of compliance with Public Access Policy of the Unified Judicial 

System of Pennsylvania: Case Records of the Appellate and Trial Courts.—An 

application filed under this Rule shall contain the certificate of compliance 

required by Pa.R.A.P. 127.

 Official Note: Extends the substance of former Supreme Court Rule 61(b) (part) and 

61(c) (part) to the Superior and Commonwealth Courts and provides for action by the 

clerk in lieu of the court. It is anticipated that an application under this rule ordinarily 

would be acted upon prior to the docketing of the appeal in the appellate court and the 

transmission of the record. 
7

 Relief from requirements for posting a supersedeas bond in civil matters must be 

sought under [Rule]Pa.R.A.P. 1732 (application for stay or injunction pending appeal) 

and relief from bail requirements in criminal matters must be sought as prescribed by 

[Rule]Pa.R.A.P. 1762 (release in criminal matters), but under [Rule]Pa.R.A.P. 123 

(applications for relief) and applications under [Rule]Pa.R.A.P. 552 (or 553) and other 

rules may be combined into a single document.

***
8

Rule 752. Transfers Between Superior and Commonwealth Courts.

(a) General rule.—The Superior Court and the Commonwealth Court, on their own 

motion or on application of any party, may transfer any appeal to the other court for 

consideration and decision with any matter pending in such other court involving the 

same or related questions of fact, law, or discretion. 

(b) Content of application; answer.—The application shall contain a statement of the 

facts necessary to an understanding of the same or related questions of fact, law, or 

discretion; a statement of the questions themselves; and a statement of the reasons 

why joint consideration of the appeals would be desirable. The application shall be 

served on all other parties to all appeals or other matters involved, and shall include or 

have annexed thereto a copy of each order from which any appeals involved were taken 

and any findings of fact, conclusions of law, and opinions relating thereto. Any other 

party to any appeal or other matter involved may file an answer in opposition in 

accordance with [Rule]Pa.R.A.P. 123(b). An application or answer filed under this 

Rule shall contain the certificate of compliance required by Pa.R.A.P. 127. The 

application and answer shall be submitted without oral argument unless otherwise 

ordered. 

(c) Effect of filing application.—An application to transfer under this rule shall not 

stay proceedings in any appeal or other matter involved unless the appellate court in 

which the appeal or other matter is pending or a judge thereof shall so order. 

(d) Grant of application.—If the application to transfer is granted the prothonotary of 

the transferor court shall transfer the record of the appeal involved to the prothonotary 

of the transferee court, who shall immediately give written notice by first class mail of 

the transfer to all parties to all appeals or other matters involved. The notice shall set 

forth any necessary changes in the schedule in the transferee court for concurrent 

briefing and argument of the original and transferred appeals or other matters.

 Official Note: Based on 42 Pa.C.S. § 705 (transfers between intermediate appellate 

courts).
9

Rule 910. Jurisdictional Statement. Content. Form.

(a) General rule.[ ]—The jurisdictional statement required by [Rule]Pa.R.A.P. 909 

shall contain the following in the order set forth: 

(1) A reference to the official and unofficial reports of the opinions delivered in 

the courts below, if any, and if reported, the citation thereto. Any unreported opinions 

shall be appended to the jurisdictional statement; 

(2) A statement of the basis, either by Act of Assembly or general rule, for the 

jurisdiction of the Supreme Court or the cases believed to sustain that jurisdiction; 

(3) The text of the order in question, or the portions thereof sought to be 

reviewed, and the date of its entry in the court. The order may be appended to the 

statement; 

(4) A concise statement of the procedural history of the case; and 

(5) The questions presented for review, expressed in the terms and the 

circumstances of the case but without unnecessary detail. The statement of 

questions presented will be deemed to include every subsidiary question fairly 

comprised therein. Only the questions set forth in the statement, or fairly comprised 

therein will ordinarily be considered by the Court. 

(b) Matters of form.[ ]—The jurisdictional statement need not be set forth in 

numbered paragraphs in the manner of a pleading. It shall be as short as possible and 

shall not exceed 1000 words, excluding the appendix. 

(c) Certificate of compliance.

(1) Word count.—A jurisdictional statement that does not exceed five pages 

when produced on a word processor or typewriter shall be deemed to meet the 

requirements of [subdivision]paragraph (b) of this rule. In all other cases, the 

attorney or the unrepresented filing party shall include a certification that the 

statement complies with the word count limits. The certificate may be based on the 

word count of the word processing system used to prepare the statement.

(2) Public Access Policy of the Unified Judicial System of Pennsylvania: 

Case Records of the Appellate and Trial Courts.—A jurisdictional statement 

shall contain the certificate of compliance required by Pa.R.A.P. 127.
10

(d) Nonconforming statements.[ ]—The Prothonotary of the Supreme Court shall 

not accept for filing any statement that does not comply with this rule. [He]The

Prothonotary shall return [it]the statement to the appellant, and inform all parties in 

which respect the statement does not comply with the rule. The prompt filing and 

service of a new and correct statement within seven days after return by the 

Prothonotary shall constitute a timely filing of the jurisdictional statement.
11

Rule 911. Answer to Jurisdictional Statement. Content. Form.

(a) General rule.[ ]—An answer to a jurisdictional statement shall set forth any 

procedural, substantive, or other argument or ground why the order appealed from is 

not reviewable as of right and why the Supreme Court should not grant an appeal by 

allowance. The answer need not be set forth in numbered paragraphs in the manner of 

a pleading and shall not exceed 1000 words. 

(b) Certificate of compliance.

(1) Word count.—An answer to a jurisdictional statement that does not exceed 

five pages when produced on a word processor or typewriter shall be deemed to 

meet the requirements of [subdivision]paragraph (a) of this rule. In all other cases, 

the attorney or the unrepresented filing party shall include a certification that the 

answer complies with the word count limits. The certificate may be based on the 

word count of the word processing system used to prepare the answer.

(2) Public Access Policy of the Unified Judicial System of Pennsylvania: 

Case Records of the Appellate and Trial Courts.—An answer to a jurisdictional 

statement shall contain the certificate of compliance required by Pa.R.A.P. 

127.

 Official Note: The Supreme Court has, in a number of cases, determined that a party 

has no right of appeal, but has treated the notice of appeal as a petition for allowance of 

appeal and granted review. See Gossman v. Lower Chanceford Tp. Bd. of Supervisors, 

[503 Pa. 392, ]469 A.2d 996 (Pa. 1983); Xpress Truck Lines, Inc. v. Pennsylvania 

Liquor Control Board, [503 Pa. 399, ]469 A.2d 1000 (Pa. 1983); O’Brien v. State 

Employment Retirement Board, [503 Pa. 414, ]469 A.2d 1008 (Pa. 1983). See also

Pa.R.A.P. 1102. Accordingly, a party opposing a jurisdictional statement shall set forth 

why the order appealed from is not reviewable on direct appeal and why the Court 

should not grant an appeal by allowance.
12

Rule 1115. Content of the Petition for Allowance of Appeal.

(a) General rule.—The petition for allowance of appeal need not be set forth in 

numbered paragraphs in the manner of a pleading, and shall contain the following 

(which shall, insofar as practicable, be set forth in the order stated): 

(1)[.] A reference to the official and unofficial reports of the opinions delivered in 

the courts below, if any, and if reported. Any such opinions shall be appended as 

provided in item 6 of paragraph (a) of this rule. 

(2)[.] The text of the order in question, or the portions thereof sought to be 

reviewed, and the date of its entry in the appellate court below. If the order is 

voluminous, it may, if more convenient, be appended to the petition. 

(3)[.] The questions presented for review, expressed in the terms and 

circumstances of the case but without unnecessary detail. The statement of 

questions presented will be deemed to include every subsidiary question fairly 

comprised therein. Only the questions set forth in the petition, or fairly comprised 

therein, will ordinarily be considered by the court in the event an appeal is allowed. 

(4)[.] A concise statement of the case containing the facts material to a 

consideration of the questions presented. 

(5)[.] A concise statement of the reasons relied upon for allowance of an appeal. 

See Pa.R.A.P. 1114. 

(6)[.] There shall be appended to the petition a copy of any opinions delivered 

relating to the order sought to be reviewed, as well as all opinions of government 

units, trial courts, or [lower]intermediate appellate courts in the case, and, if 

reference thereto is necessary to ascertain the grounds of the order, opinions in 

companion cases. If an application for reargument was filed in the Superior Court or 

Commonwealth Court, there also shall be appended to the petition a copy of any 

order granting or denying the application for reargument. If whatever is required by 

this paragraph to be appended to the petition is voluminous, it may, if more 

convenient, be separately presented. 

(7)[.] There shall be appended to the petition the verbatim texts of the pertinent 

provisions of constitutional provisions, statutes, ordinances, regulations, or other 

similar enactments which the case involves, and the citation to the volume and page 

where they are published, including the official edition, if any.

(8) The certificate of compliance required by Pa.R.A.P. 127.
13

(b) Caption and parties.—All parties to the proceeding in the intermediate appellate 

court [below ]shall be deemed parties in the Supreme Court, unless the petitioner shall 

notify the Prothonotary of the Supreme Court of the belief of the petitioner that one or 

more of the parties below have no interest in the outcome of the petition. A copy of such 

notice shall be served on all parties to the matter in the [lower]intermediate appellate

court, and a party noted as no longer interested may remain a party in the Supreme 

Court by filing a notice that he has an interest in the petition with the Prothonotary of the 

Supreme Court. All parties in the Supreme Court other than petitioner shall be named 

as respondents, but respondents who support the position of the petitioner shall meet 

the time schedule for filing papers which is provided in this chapter for the petitioner, 

except that any response by such respondents to the petition shall be filed as promptly 

as possible after receipt of the petition. 

(c) No supporting brief.—All contentions in support of a petition for allowance of 

appeal shall be set forth in the body of the petition as provided by item 5 of paragraph 

(a) of this rule. Neither the briefs below nor any separate brief in support of a petition for 

allowance of appeal will be received, and the Prothonotary of the Supreme Court will 

refuse to file any petition for allowance of appeal to which is annexed or appended any 

brief below or supporting brief. 

(d) Essential requisites of petition.—The failure of a petitioner to present with 

accuracy, brevity, and clearness whatever is essential to a ready and adequate 

understanding of the points requiring consideration will be a sufficient reason for 

denying the petition. 

(e) Multiple petitioners.—Where permitted by Pa.R.A.P. 512 a single petition for 

allowance of appeal may be filed. 

(f) Length.—A petition for allowance of appeal shall not exceed 9,000 words. A 

petition for allowance of appeal that does not exceed 20 pages when produced by a 

word processor or typewriter shall be deemed to meet the 9,000 word limit. In all other 

cases, the attorney or the unrepresented filing party shall include a certification that the 

petition complies with the word count limit. The certificate may be based on the word 

count of the word processing system used to prepare the petition. 

(g) Supplementary matter.—The cover of the petition for allowance of appeal, pages 

containing the table of contents, table of citations, proof of service, signature block, and 

anything appended to the petition under subparagraphs (a)(6) and (a)(7) shall not count 

against the word count limitations of this rule.

 Official Note: Former Supreme Court Rule 62 permitted the petitioner in effect to 

dump an undigested mass of material (such as briefs in and opinions of the court below) 
14

in the lap of the Supreme Court, with the burden on the individual justices and their law 

clerks to winnow the wheat from the chaff. This rule, which is patterned after U.S. 

Supreme Court Rule 14, places the burden on the petitioner to prepare a succinct and 

coherent presentation of the case and the reasons in support of allowance of appeal. 

 Where an appellant desires to challenge the discretionary aspects of a sentence of a 

trial court the "petition for allowance of appeal" referred to in 42 Pa.C.S. § 9781(b) is 

deferred until the briefing stage, and the appeal is commenced by filing a notice of 

appeal pursuant to Chapter 9 rather than a petition for allowance of appeal pursuant to 

Chapter 11. Commonwealth v. Tuladziecki, 522 A.2d 17, 18 (Pa. 1987). See note to 

Pa.R.A.P. 902; Pa.R.A.P. 2116(b) and the note thereto; Pa.R.A.P. 2119(f) and the note 

thereto.

***
15

Rule 1116. Answer to the Petition for Allowance of Appeal.

(a) General rule.—Except as otherwise prescribed by this rule, within 14 days after 

service of a petition for allowance of appeal an adverse party may file an answer. The 

answer shall be deemed filed on the date of mailing if first class, express, or priority 

United States Postal Service mail is utilized. The answer need not be set forth in 

numbered paragraphs in the manner of a pleading, shall set forth any procedural, 

substantive or other argument or ground why the order involved should not be reviewed 

by the Supreme Court, and shall comply with Pa.R.A.P. 1115(a).7. No separate motion 

to dismiss a petition for allowance of appeal will be received. A party entitled to file an 

answer under this rule who does not intend to do so shall, within the time fixed by these 

rules for filing an answer, file a letter stating that an answer to the petition for allowance 

of appeal will not be filed. The failure to file an answer will not be construed as 

concurrence in the request for allowance of appeal. 

(b) Children’s fast track appeals.—In a children’s fast track appeal, within 10 days 

after service of a petition for allowance of appeal, an adverse party may file an answer. 

(c) Length.—An answer to a petition for allowance of appeal shall not exceed 9,000 

words. An answer that does not exceed 20 pages when produced by a word processor 

or typewriter shall be deemed to meet the 9,000 word limit. In all other cases, the 

attorney or the unrepresented filing party shall include a certification that the answer 

complies with the word count limit. The certificate may be based on the word count of 

the word processing system used to prepare the answer. 

(d) Supplementary matter.—The cover of the answer, pages containing the table of 

contents, table of citations, proof of service, signature block, and anything appended to 

the answer shall not count against the word count limitations of this rule.

(e) Certificate of compliance with Public Access Policy of the Unified Judicial 

System of Pennsylvania: Case Records of the Appellate and Trial Courts.—An 

answer to a petition for allowance of appeal shall contain the certificate of 

compliance required by Pa.R.A.P. 127.

 Official Note: This rule and Pa.R.A.P. 1115 contemplate that the petition and answer 

will address themselves to the heart of the issue, such as whether the Supreme Court 

ought to exercise its discretion to allow an appeal, without the need to comply with the 

formalistic pattern of numbered averments in the petition and correspondingly 

numbered admissions and denials in the response. While such a formalistic format is 

appropriate when factual issues are being framed in a trial court (as in the petition for 

review under Chapter 15) such a format interferes with the clear narrative exposition 

necessary to outline succinctly the case for the Supreme Court in the allocatur context.
16

Rule 1123. Denial of Appeal; Reconsideration.

(a) Denial. If the petition for allowance of appeal is denied the Prothonotary of the 

Supreme Court shall immediately give written notice in person or by first class mail of 

the entry of the order denying the appeal to each party who has appeared in the 

Supreme Court. After the expiration of the time allowed by [Subdivision]paragraph (b) 

of this rule for the filing of an application for reconsideration of denial of a petition for 

allowance of appeal, if no application for reconsideration is filed, the Prothonotary of the 

Supreme Court shall notify the prothonotary of the appellate court below of the denial of 

the petition. 

(b) Reconsideration. Applications for reconsideration of denial of allowance of 

appeal are not favored and will be considered only in the most extraordinary 

circumstances. An application for reconsideration of denial of a petition for allowance of 

appeal shall be filed with the Prothonotary of the Supreme Court within fourteen days 

after entry of the order denying the petition for allowance of appeal. In a children’s fast 

track appeal, the application for reconsideration of denial of a petition for allowance of 

appeal shall be filed with the Prothonotary of the Supreme Court within 7 days after 

entry of the order denying the petition for allowance of appeal. Any application filed 

under this [subdivision]paragraph must comport with the following: 

(1) Briefly and distinctly state grounds which are confined to intervening 

circumstances of substantial or controlling effect. 

(2) Be supported by a certificate of counsel to the effect that it is presented in 

good faith and not for delay. Counsel must also certify that the application is 

restricted to the grounds specified [in Paragraph (1) of this subdivision]under 

subparagraph (b)(1).

(3) Contain the certificate of compliance required by Pa.R.A.P. 127.

No answer to an application for reconsideration will be received unless requested by 

the Supreme Court. Second or subsequent applications for reconsideration, and 

applications for reconsideration which are out of time under this rule, will not be 

received. 

(c) Manner of filing. If the application for reconsideration is transmitted to the 

prothonotary of the appellate court by means of first class, express, or priority United 

States Postal Service mail, the application shall be deemed received by the 

prothonotary for the purposes of [Rule]Pa.R.A.P. 121(a) (filing) on the date deposited in 

the United States mail as shown on a United States Postal Service Form 3817 

Certificate of Mailing, or other similar United States Postal Service form from which the 

date of deposit can be verified. The certificate of mailing or other similar Postal Service 
17

form from which the date of deposit can be verified shall be cancelled by the Postal

Service, shall show the docket number of the matter in the court in which 

reconsideration is sought, and shall be enclosed with the application or separately 

mailed to the prothonotary. Upon actual receipt of the application, the prothonotary shall 

immediately stamp it with the date of actual receipt. That date, or the date of earlier 

deposit in the United States mail as prescribed in this [subdivision]paragraph, shall 

constitute the date when application was sought, which date shall be shown on the 

docket.
18

Rule 1312. Content of the Petition for Permission to Appeal.

(a) General rule.—The petition for permission to appeal need not be set forth in 

numbered paragraphs in the manner of a pleading, and shall contain the following 

(which shall, insofar as practicable, be set forth in the order stated): 

(1) A statement of the basis for the jurisdiction of the appellate court. 

(2) The text of the order in question, or the portions thereof sought to be 

reviewed (including the statement by the [lower]trial court or other government unit 

that the order involves a controlling question of law as to which there is a substantial 

ground for difference of opinion and that an immediate appeal from the order may 

materially advance the ultimate termination of the matter), and the date of its entry in 

the trial court or other government unit[ below]. If the order is voluminous, it may, if 

more convenient, be appended to the petition. 

(3) A concise statement of the case containing the facts necessary to an 

understanding of the controlling questions of law determined by the order of the 

[lower]trial court or other government unit. 

(4) The controlling questions of law presented for review, expressed in the terms 

and circumstances of the case but without unnecessary detail. The statement of 

questions presented will be deemed to include every subsidiary question fairly 

comprised therein. Only the questions set forth in the petition, or fairly comprised 

therein, will ordinarily be considered by the court in the event permission to appeal is 

granted. 

(5) A concise statement of the reasons why a substantial ground exists for a 

difference of opinion on the questions and why an immediate appeal may materially 

advance the termination of the matter. 

(6) There shall be appended to the petition a copy of any opinions delivered 

relating to the order sought to be reviewed, as well as all opinions of [lower]trial

courts or other government units in the case, and, if reference thereto is necessary 

to ascertain the grounds of the order, opinions in companion cases. If whatever is 

required by this paragraph to be appended to the petition is voluminous, it may, if 

more convenient, be separately presented. 

(7) There shall be appended to the petition the verbatim texts of the pertinent 

provisions of constitutional provisions, statutes, ordinances, regulations, or other 

similar enactments which the case involves, and the citation to the volume and page 

where they are published, including the official edition, if any.
19

(8) The certificate of compliance required by Pa.R.A.P. 127.

(b) Caption and parties.—All parties to the proceeding in the [lower]trial court or 

other government unit other than petitioner shall be named as respondents, but 

respondents who support the position of the petitioner shall meet the time schedule for 

filing papers which is prescribed in this chapter for the petitioner, except that any 

response by such respondents to the petition shall be filed as promptly as possible after 

receipt of the petition. 

(c) No supporting brief.—All contentions in support of a petition for permission to 

appeal shall be set forth in the body of the petition as prescribed [by Paragraph (a)(5) 

of this rule]under subparagraph (a)(5). Neither the briefs below nor any separate brief 

in support of a petition for permission to appeal will be received, and the prothonotary of 

the appellate court will refuse to file any petition for permission to appeal to which is 

annexed or appended any brief below or supporting brief. 

(d) Essential requisites of petition.—The failure of a petitioner to present with 

accuracy, brevity, and clearness whatever is essential to a ready and adequate 

understanding of the points requiring consideration will be a sufficient reason for 

denying the petition. 

(e) Multiple petitioners.—Where permitted by [Rule]Pa.R.A.P. 512 (joint appeals) a 

single petition for permission to appeal may be filed.

 Official Note: Based on former Commonwealth Court Rule 114. 

[Subdivision]subparagraph (a)(2) of this rule makes clear that the order of the tribunal 

below must contain a statement that the order involves a controlling question of law as 

to which there is a difference of opinion. 

 Interlocutory appeals as of right may be taken by filing a notice of appeal under 

Chapter 9[ (appeals from lower courts)], rather than by petition under this rule. See

[Rule]Pa.R.A.P. 311[ (interlocutory appeals as of right)].
20

Rule 1314. Answer to the Petition for Permission to Appeal.

Within 14 days after service of a petition for permission to appeal an adverse party may 

file an answer. The answer shall be deemed filed on the date of mailing if first class, 

express, or priority United States Postal Service mail is utilized. The answer need not 

be set forth in numbered paragraphs in the manner of a pleading, shall set forth any 

procedural, substantive, or other argument or ground why the interlocutory order 

involved should not be reviewed by the appellate court, and shall comply with 

[Rule]Pa.R.A.P. 1312(a)(7) (content of petition for permission to appeal). An answer to 

a petition for permission to appeal shall contain the certificate of compliance 

required by Pa.R.A.P. 127. No separate motion to dismiss a petition for permission to 

appeal will be received. A party entitled to file an answer under this rule who does not 

intend to do so shall, within the time fixed by these rules for filing an answer, file a letter 

stating that an answer to the petition for permission to appeal will not be filed. The 

failure to file an answer will not be construed as concurrence in the request for 

permission to appeal.

***
21

Rule 1513. Petition for Review.

(a) Caption and parties on appeal.[ ]–In an appellate jurisdiction petition for review, 

the aggrieved party or person shall be named as the petitioner and, unless the 

government unit is disinterested, the government unit and no one else shall be named 

as the respondent. If the government unit is disinterested, all real parties in interest, and 

not the government unit, shall be named as respondents. 

(b) Caption and parties in original jurisdiction actions.[ ]–The government unit and 

any other indispensable party shall be named as respondents. Where a public act or 

duty is required to be performed by a government unit, it is sufficient to name the 

government unit, and not its individual members, as respondent. 

(c) Form.[ ]–Any petition for review shall be divided into consecutively numbered 

paragraphs. Each paragraph shall contain, as nearly as possible, a single allegation of 

fact or other statement. When petitioner seeks review of an order refusing to certify an 

interlocutory order for immediate appeal, numbered paragraphs need not be used. 

(d) Content of appellate jurisdiction petition for review.[ ]–An appellate jurisdiction 

petition for review shall contain the following: 

(1)[.] a statement of the basis for the jurisdiction of the court; 

(2)[.] the name of the party or person seeking review; 

(3)[.] the name of the government unit that made the order or other 

determination sought to be reviewed; 

(4)[.] reference to the order or other determination sought to be reviewed, 

including the date the order or other determination was entered; 

(5)[.] a general statement of the objections to the order or other determination, 

but the omission of an issue from the statement shall not be the basis for a finding of 

waiver if the court is able to address the issue based on the certified record; 

(6)[.] a short statement of the relief sought;[ and]

(7)[.] a copy of the order or other determination to be reviewed, which shall be 

attached to the petition for review as an exhibit[.]; and

(8) the certificate of compliance required by Pa.R.A.P. 127.

No notice to plead or verification is necessary. 
22

Where there were other parties to the proceedings conducted by the government 

unit, and such parties are not named in the caption of the petition for review, the petition 

for review shall also contain a notice to participate, which shall provide substantially as 

follows: 

If you intend to participate in this proceeding in the (Supreme, Superior or 

Commonwealth, as appropriate) Court, you must serve and file a notice of 

intervention under Pa.R.A.P. 1531 of the Pennsylvania Rules of Appellate 

Procedure within 30 days. 

(e) Content of original jurisdiction petition for review.[ ]–A petition for review addressed 

to an appellate court’s original jurisdiction shall contain the following: 

(1)[.] a statement of the basis for the jurisdiction of the court; 

(2)[.] the name of the person or party seeking relief; 

(3)[.] the name of the government unit whose action or inaction is in issue and 

any other indispensable party; 

(4)[.] a general statement of the material facts upon which the cause of action is 

based; 

(5)[.] a short statement of the relief sought;[ and]

(6)[.] a notice to plead and verification either by oath or affirmation or by verified 

statement[.]; and

(7) the certificate of compliance required by Pa.R.A.P. 127.

(f) Alternative objections.[ ]–Objections to a determination of a government unit and 

the related relief sought may be stated in the alternative, and relief of several different 

types may be requested.

 Official Note: The 2004 amendments to this rule clarify what must be included in a 

petition for review addressed to an appellate court’s appellate jurisdiction and what must 

be included in a petition for review addressed to an appellate court’s original jurisdiction. 

Where it is not readily apparent whether a "determination" (defined in Pa.R.A.P. 102 as 

"[a]ction or inaction by a government unit") is reviewable in the court’s appellate or 

original jurisdiction, compliance with the requirements of paragraphs (d) and (e) is

appropriate. 
23

 Paragraphs (a) and (b) reflect the provisions of Pa.R.A.P. 501, Pa.R.A.P. 503, Section 

702 of the Administrative Agency Law, 2 Pa.C.S. § 702 (Appeals), and Pa.R.C.P. [No. ]

1094 (regarding parties defendant in mandamus actions). 

 Government units that are usually disinterested in appellate jurisdiction petitions for 

review of their determinations include: 

 • the Board of Claims, 

 • the Department of Education (with regard to teacher tenure appeals from local 

school districts pursuant to section 1132 of the Public School Code of 1949, 24 P.S. § 

11-1132), 

 • the Environmental Hearing Board, 

 • the State Charter School Appeal Board, 

 • the State Civil Service Commission, and 

 • the Workers’ Compensation Appeal Board. 

The provision for joinder of indispensable parties in original jurisdiction actions 

reflects the last sentence of section 761(c) of the Judicial Code, 42 Pa.C.S. § 761(c), 

providing for the implementation of ancillary jurisdiction of the Commonwealth Court by 

general rule. 

Paragraphs (d) and (e) reflect the differences in proceeding in a court’s original and 

appellate jurisdiction, while preserving the need for sufficient specificity to permit the 

conversion of an appellate document to an original jurisdiction pleading and vice versa 

should such action be necessary to assure proper judicial disposition. See also the 

notes to Pa.R.A.P. 1501 and 1502.

Official Note—2014

The 2014 amendments to Pa.R.A.P. 1513(d) relating to the general statement of 

objections in an appellate jurisdiction petition for review are intended to preclude a 

finding of waiver if the court is able, based on the certified record, to address an issue 

not within the issues stated in the petition for review but included in the statement of 

questions involved and argued in a brief. The amendment neither expands the scope of 

issues that may be addressed in an appellate jurisdiction petition for review beyond 

those permitted in Pa.R.A.P. 1551(a) nor affects Pa.R.A.P. 2116’s requirement that 
24

"[n]o question will be considered unless it is stated in the statement of questions 

involved [in appellant’s brief] or is fairly suggested thereby."
25

Rule 1516. Other Pleadings Allowed.

(a) Appellate jurisdiction petitions for review.—No answer or other pleading to an 

appellate jurisdiction petition for review is authorized, unless the petition for review is 

filed pursuant to the [N]notes to [Rules]Pa.R.A.P. 341 or 1311 (seeking review of a trial 

court or other government unit’s refusal to certify an interlocutory order for immediate 

appeal), [Rule]Pa.R.A.P. 1573 (review of orders finding an assertion of double jeopardy 

frivolous), [Rule]Pa.R.A.P. 1762 (regarding release in criminal matters), 

[Rule]Pa.R.A.P. 1770 (regarding placement in juvenile delinquency matters), 

[Rule]Pa.R.A.P. 3321 (regarding appeals from decisions of the Legislative 

Reapportionment Commission) or [Rule]Pa.R.A.P. 3331 (regarding review of special 

prosecutions and investigations). Where an answer is authorized, the time for filing an 

answer shall be as stated in [Rule]Pa.R.A.P. 123(b), and the answer shall contain 

the certificate of compliance required by Pa.R.A.P. 127. 

(b) Original jurisdiction petitions for review.—Where an action is commenced by filing a 

petition for review addressed to the appellate court’s original jurisdiction, the pleadings 

are limited to the petition for review, an answer thereto, a reply if the answer contains 

new matter or a counterclaim, a counter-reply if the reply to a counterclaim contains 

new matter, a preliminary objection, and an answer thereto. A pleading shall contain 

the certificate of compliance required by Pa.R.A.P. 127. Every pleading filed after an 

original jurisdiction petition for review shall be filed within 30 days after service of the 

preceding pleading, but no pleading need be filed unless the preceding pleading is 

endorsed with a notice to plead.

 Official Note: The 2004, 2012, and 2013 amendments made clear that, with limited 

exceptions, no answer or other pleading to a petition for review addressed to an 

appellate court’s appellate jurisdiction is proper. With regard to original jurisdiction 

proceedings, practice is patterned after Rules of Civil Procedure 1017(a) (Pleadings 

Allowed) and 1026 (Time for Filing. Notice to Plead). The ten additional days in which to 

file a subsequent pleading are in recognition of the time required for agency 

coordination where the Commonwealth is a party. [See Rule]See Pa.R.A.P. 1762(b)(2) 

regarding bail applications. [See Rule]See Pa.R.A.P. 1770 regarding placement in 

juvenile delinquency matters.
26

Rule 1571. Determinations of the Board of Finance and Revenue.

(a) General rule.—Review of a determination of the Board of Finance and Revenue 

shall be governed by this chapter and ancillary provisions of these rules, except as 

otherwise prescribed by this rule. 

(b) Time for petitioning for review.—A petition for review of a determination of the 

Board of Finance and Revenue shall be filed: 

(1) Within 30 days after entry of an order of the Board which does not expressly 

state that it is interlocutory in nature. 

(2) Within 30 days after entry of an order of the Board adopting a determination 

by the Department of Revenue or other government unit made at the direction of the 

Board respecting any matter pending before the Board. 

(3) Where the Board is required by statute to act finally on any matter pending 

before it within a specified period after the matter is filed with the Board and has not 

done so, at any time between: 

(i) the expiration of such specified period; and 

(ii) 30 days after service of actual notice by the Board stating that it has 

failed to act within such period. 

(c) Form.—The petition for review shall contain a statement of the basis for the 

jurisdiction of the court; the name of the party seeking review; a statement that the 

Board of Finance and Revenue made the determination sought to be reviewed; 

reference to the order or other determination sought to be reviewed; and a general 

statement of the objections to the order or other determination. The petition for review 

need not be verified and shall not contain or have endorsed upon it notice to plead. A 

petition for review of a taxpayer or similar party shall name the "Commonwealth of 

Pennsylvania" as respondent and a petition for review filed by the Commonwealth of 

Pennsylvania shall name all real parties in interest before the Board as respondents. 

The petition for review shall contain the certificate of compliance required by 

Pa.R.A.P. 127.

(d) Service.—In the case of a petition for review by a taxpayer or similar party, a 

copy of the petition shall be served on the Board of Finance and Revenue and on the 

Attorney General by the petitioner in accordance with [Rule]Pa.R.A.P. 1514(c). All 

other parties before the Board shall be served as prescribed by [Rule]Pa.R.A.P. 121(b) 

(service of all papers required). 
27

(e) Answer.—An answer may not be filed to a petition for review of a determination 

of the Board of Finance and Revenue. The Commonwealth may raise any question on 

review, although no cross petition for review has been filed by it, and may introduce any 

facts in support of its position if 20 days written notice is given to the petitioner prior to 

trial of the intention of raising such new questions or presenting new facts. 

(f) Record.—No record shall be certified to the court by the Board of Finance and 

Revenue. After the filing of the petition for review, the parties shall take appropriate 

steps to prepare and file a stipulation of such facts as may be agreed to and to identify 

the issues of fact, if any, which remain to be tried. See Rule 1542 (evidentiary hearing). 

(g) Oral argument.—Except as otherwise ordered by the court on its own motion or 

on application of any party, after the record is closed, the matter may be listed for 

argument before or submission to the court. 

(h) Scope of review.—[Rule]Pa.R.A.P. 1551(a) (appellate jurisdiction petitions for 

review) shall be applicable to review of a determination of the Board of Finance and 

Revenue except that: 

(1) A question will be heard and considered by the court if it was raised at any 

stage of the proceedings below and thereafter preserved. 

(2) To the extent provided by the applicable law, the questions raised by the 

petition for review shall be determined on the record made before the court. [See 

Subdivision]See paragraph (f) of this rule. 

(i) Exceptions.—Any party may file exceptions to an initial determination by the 

court under this rule within 30 days after the entry of the order to which exception is 

taken. Such timely exceptions shall have the effect, for the purposes of [Rule]Pa.R.A.P.

1701(b)(3) (authority of [lower]a trial court or agency after appeal) of an order 

expressly granting reconsideration of the determination previously entered by the court. 

Issues not raised on exceptions are waived and cannot be raised on appeal.

Official Note: [Subdivision]Paragraph (b) represents an exercise of the power 

conferred by 42 Pa.C.S. § 5105(a) (right to appellate review) to define final orders by 

general rule. The following statutes expressly require the Board of Finance and 

Revenue to act within six months in certain cases: 

Section 1103 of The Fiscal Code, Act of April 9, 1929 (P.L. 343), [(]72 P.S. 

§ 1103[)]. 
28

 [Act of December 5, 1933, (Sp. session 1933-34), (P.L. 38, No. 6, known as 

the Spirituous and Vinous Liquor Tax Law, § 5 (47 P.S. § 749). 

 Act of January 14, 1952 (1951 P.L. 1965, No. 550), known as the Fuel Use 

Tax Act, § 7 (72 P.S. § 2614.7).

 Sections 234 (sales and use tax), 341 (personal income tax), and 2005 (malt 

beverage tax), Act of March 4, 1971 (P.L. 6, No. 2), known as The Tax Reform 

Code of 1971 (72 P.S. §§ 7234, 7341, 9005)] Section 2005 (malt beverage tax) of 

The Tax Reform Code of 1971, Act of March 4, 1971 (P.L. 6), 72 P.S. §9005.

The following statute requires the Board of Finance and Revenue to act within 

twelve months in certain tax refund matters: 

 Section 3003.5 of the Tax Reform Code of 1971, Act of March 4, 1971 (P.L. 6), 

72 P.S. § 10003.5 [, P.L. 6 , No. 2, 72 P.S. § 10003.5. Section 3003.5 was added by 

Section 41 of the Act of June 16, 1994, P.L. 279, No. 48]. 

 The following statutes are covered by Section 1103 of The Fiscal Code [(petition 

to Board of Finance and Revenue for review)]: 

 Sections 809 (various insurance taxes) and 1001 (miscellaneous settlements,

[e.g.] for example, under [the act of May 17, 1921 (P. L. 789, No. 285), known as 

The Insurance Department Act of 1921, § 212 (40 P.S. § 50) (retaliatory insurance 

taxes)] Section 212 of The Insurance Department Act of 1921, Act of May 17, 1921 

(P.L. 789), 40 P.S. §50) of [T]the Fiscal Code, Act of April 9, 1929 (P.L. 343), [(]72 

P.S. §§ 809 and 1001[)]. 

 [Act of June 22, 1931 (P.L. 694, No. 255) § 4 (72 P.S. § 2186) (motor carrierstrackless trolley carriers). 

 Act of June 22, 1935 (P.L. 414, No. 182), known as the State Personal 

Property Tax Act, § 18(b) (72 P.S. § 3250-11a(b)) (corporate loans tax). See Act of 

April 25, 1929 (P. L. 669, No. 288), § 1.] 

 [Act of May 23, 1945 (P.L. 893, No. 360), known as the Co-operative 

Agricultural Association Corporate Net Income Tax Act, § 6] Section 6 of the Cooperative Agricultural Association Corporate Net Income Tax Act, Act of May 23, 

1945 (P.L. 893), [(]72 P.S. § 3420-21[6)], et seq. 

 

[Act of January 24, 1966 (P.L. (1965) 1509, No. 531), § 11 (40 P.S. § 1006.11) 

(surplus lines tax)]. 

 
29

Sections 407 (corporate net income tax), 603 (capital stock—franchise tax), 702

(bank and trust company shares tax), 802 (title insurance [and trust] companies 

shares tax), 904 (insurance premiums tax), 1102 ([utilities] gross receipts tax), 1111-C

(realty transfer tax), and 1503 (mutual thrift institutions tax) of the Tax Reform Code of 

1971, Act of March 4, 1971 (P.L. 6), [(]72 P.S. §§ 7407, 7603, 7702, 7802, 7904, 8102,

8111-C, and 8503[)]. 

75 Pa.C.S. § 9616(f) (motor carriers road tax). 

The basis of jurisdiction of the court under this rule will ordinarily be 42 Pa.C.S. § 

763 (direct appeals from government agencies). [Subdivision]Paragraph (c) is not 

intended to change the practice in connection with the review of orders of the Board of 

Finance and Revenue insofar as the amount of detail in the pleadings is concerned. 

What is required is that the petitioner raise every legal issue in the petition for review 

which the petitioner wishes the court to consider. The legal issues raised need only be 

specific enough to apprise the respondent of the legal issues being contested (e.g. 

"valuation," "manufacturing," "sale for resale," etc.). [See generally]See generally

House of Pasta, Inc. v. Commonwealth, [37 Pa. Cmwlth. Ct. 317, ]390 A.2d 341 (Pa. 

Cmwlth. 1978). 

[Subdivision]Paragraph (e) is based on Section 1104(e) of The Fiscal Code , 

which was suspended absolutely by these rules, and subsequently repealed. 

[Subdivision]Paragraph (f) is based on 2 Pa.C.S. § 501(b)(1) (scope of 

subchapter) and 2 Pa.C.S. § 701(b)(1) (scope of subchapter), which exclude tax 

matters from the on-the-record review requirements of 2 Pa.C.S. § 704 (disposition of 

appeal). 

 [Subdivision]Paragraph (h) is based on Section 1104(d) of The Fiscal Code , which 

was suspended absolutely by these rules and subsequently repealed, and is intended 

as a continuation of the prior law, except, of course, that the separate specification of 

objections has been abolished by these rules. 

[Subdivision]Paragraph (i) is intended to make clear that the failure to file 

exceptions will result in waiver by a petitioner of any issues previously presented to the 

Commonwealth Court. 

[See also Rule]See also Pa.R.A.P. 1782 (security on review in tax matters).

***
30

Rule 1573. Review of Orders in Which the Court Finds an Assertion of Double 

Jeopardy Frivolous.

(a) General rule.—Any party seeking review of a frivolousness determination by a 

court of common pleas under Pennsylvania Rule of Criminal Procedure 587 shall file a 

petition for review in the appellate court having jurisdiction over the matter. Review of a 

frivolousness determination under Pennsylvania Rule of Criminal Procedure 587 shall 

be governed by this chapter and ancillary provisions of these rules, except as otherwise 

prescribed by this rule. The time for filing is provided for in Pa.R.A.P. 1512(a)(1). 

(b) Contents.—The contents of the petition for review are not governed by 

Pa.R.A.P. 1513. Instead, the petition for review need not be set forth in numbered 

paragraphs in the manner of a pleading, and shall contain the following (which shall, 

insofar as practicable, be set forth in the order stated): 

[(i)](1) A statement of the basis for the jurisdiction of the appellate court. 

[(ii)](2) The text of the order in question, and the date of its entry in the trial 

court. If the order is voluminous, it may, if more convenient, be appended to the 

petition. 

[(iii)](3) A concise statement of the case containing the facts necessary to an 

understanding of the frivolousness issue(s) presented. 

[(iv)](4) The question(s) presented, expressed in the terms and circumstances 

of the case but without unnecessary detail. 

[(v)](5) A concise statement of the reasons why the trial court erred in its 

determination of frivolousness. 

[(vi)](6) There shall be appended to the petition a copy of any opinions relating 

to the order sought to be reviewed, including findings of fact and conclusions of law 

in support of the frivolousness determination, as well as a copy of any transcripts or 

other record documents necessary to the appellate court’s review. 

[(vii)](7) There shall be appended to the petition the verbatim texts of the 

pertinent provisions of constitutional provisions, statutes, ordinances, regulations, or 

other similar enactments which the case involves. 

[(viii)](8) There shall be appended to the petition any briefs filed in the trial court 

in support of the motion to dismiss.

(9) The certificate of compliance required by Pa.R.A.P. 127.
31

(c) Caption and parties.—The parties in the trial court shall be named as parties in 

the appellate court. If there are multiple defendants but the order for which review is 

sought adjudicates the motion of only a single defendant, only that defendant may file a 

petition for review. 

(d) No supporting brief.—All contentions in support of a petition shall be set forth in 

the body of the petition as prescribed by subparagraph (b)(v) of this rule. No separate 

brief in support of the petition for review will be received, and the prothonotary of the 

appellate court will refuse to file any petition for review to which is annexed or appended 

any brief other than the briefs filed in the trial court. 

(e) Essential requisites of petition.—The failure of a petitioner to present with 

accuracy, brevity, and clearness whatever is essential to a ready and adequate 

understanding of the points requiring consideration will be a sufficient reason for 

denying the petition. 

(f) Effect of filing petition.—The filing of a petition for review shall not automatically 

stay the proceedings before the trial court. A petitioner may file an application for a stay 

in the trial or appellate court pending the determination of the petition for review, or the 

trial or appellate court may issue a stay [sua sponte]sua sponte. 

(g) Answer to petition for review.—If the Commonwealth does not intend to file an 

answer under this rule, it shall, within the time fixed by these rules for filing an answer, 

file a letter stating that it does not intend to file an answer to the petition for review. The 

failure to file an answer will not be construed as concurrence in the petition for review. 

The appellate court may, however, direct the Commonwealth to file an answer. An 

answer to a petition for review shall contain the certificate of compliance required 

by Pa.R.A.P. 127.

(h) Pa.R.A.P. 1531—1571 do not apply to petitions for review filed under this rule. 

Pa.R.A.P. 1514 does apply, except that no copy of the petition needs to be served upon 

the Attorney General. 

(i) Grant of petition for review and transmission of record.—If the petition for review 

is granted, the prothonotary of the appellate court shall immediately give written notice 

of the entry of the order to the clerk of the trial court and to each party who has 

appeared in the appellate court. The grant of the petition for review shall operate as a 

stay of all trial court proceedings. The clerk of the trial court shall docket the notice in 

the same manner as a notice of appeal and shall mail that notice to all parties to the trial 

court proceeding. The certified record shall be transmitted and filed in accordance with 

Chapter 19 (preparation and transmission of the record and related matters). The times 

fixed by those provisions for transmitting the record shall run from the date of the entry 
32

of the order granting the petition for review. No party needs to file a separate notice of 

appeal. 

(j) Denial of petition for review.—If the petition for review is denied, the prothonotary 

of the appellate court shall immediately give written notice of the order to the clerk of the 

trial court and to each party who has appeared in the appellate court.

 Official Note: The trial court’s determination and the procedure for determining a 

motion to dismiss on double jeopardy grounds is set forth in Pa.R.Crim.P. 587. If a trial 

court denies such a motion without expressly finding that the motion is frivolous, the 

order is immediately appealable by means of a notice of appeal under Pa.R.A.P. 313. If, 

however, the trial court finds the motion to be frivolous, appellate review can be secured 

only if the appellate court grants a petition for review. See Commonwealth v. Orie, 22 

A.3d 1021 (Pa. 2011); Commonwealth v. Brady, [510 Pa. 336, ]508 A.2d 286 (Pa. 

1986). If the Superior Court does not grant the petition for review, the defendant may file 

a petition for allowance of appeal with the Supreme Court. 

 Where the petition for review of the determination of frivolousness is granted, the 

grant automatically initiates a separate appeal on the merits from the order denying the 

pretrial motion seeking dismissal of criminal charges on double jeopardy grounds. 

 A party may seek (or a court may sua sponte issue) a stay of the trial court 

proceedings pending review of the frivolousness determination. Otherwise, the trial 

court may proceed while the petition for review is pending. See Pa.R.A.P. 1701(d). 

Where the petition for review of the determination of frivolousness is granted, the grant 

automatically stays further proceedings in the trial courts.
33

Rule 1703. Contents of Application for Stay.

In addition to the requirements set forth in [Rule]Pa.R.A.P. 123 (Application for 

Relief), an application for stay pursuant to this chapter shall set forth the procedural 

posture of the case, including the result of any application for relief in any court below or 

federal court, the specific rule under which a stay or supersedeas is sought, grounds for 

relief, and, if expedited relief is sought, the nature of the emergency. The application 

shall also identify and set forth the procedural posture of all related proceedings. The 

application shall contain the certificate of compliance required by Pa.R.A.P. 127.
34

Rule 1732. Application for Stay or Injunction Pending Appeal.

(a) Application to [lower]trial court.—Application for a stay of an order of a 

[lower]trial court pending appeal, or for approval of or modification of the terms of any 

supersedeas, or for an order suspending, modifying, restoring, or granting an injunction 

during the pendency of an appeal, or for relief in the nature of peremptory mandamus, 

must ordinarily be made in the first instance to the [lower]trial court, except where a 

prior order under this chapter has been entered in the matter by the appellate court or a 

judge thereof. 

(b) Contents of application for stay.—An application for stay of an order of a 

[lower]trial court pending appeal, or for approval of or modification of the terms of any 

supersedeas, or for an order suspending, modifying, restoring, or granting an injunction 

during the pendency of an appeal, or for relief in the nature of peremptory mandamus, 

may be made to the appellate court or to a judge thereof, but the application shall show 

that application to the [lower]trial court for the relief sought is not practicable, or that 

the [lower]trial court has denied an application, or has failed to afford the relief which 

the applicant requested, with the reasons given by the [lower]trial court for its action. 

The application shall also show the reasons for the relief requested and the facts relied 

upon, and if the facts are subject to dispute the application shall be supported by sworn 

or verified statements or copies thereof. With the application shall be filed such parts of 

the record as are relevant. Where practicable, the application should be accompanied 

by the briefs, if any, used in the [lower]trial court. The application shall contain the 

certificate of compliance required by Pa.R.A.P. 127.

(c) Number of copies.—Seven copies of applications under this rule in the Supreme 

Court or the Superior Court, and three copies of applications under this rule in the 

Commonwealth Court, shall be filed with the original.

 Official Note: The subject matter of this rule was covered by former Supreme Court 

Rule 62, former Superior Court Rule 53, and former Commonwealth Court Rule 112. 

The flat seven day period for answer of former Supreme Court Rule 62 (which 

presumably was principally directed at allocatur practice) has been omitted in favor of 

the more flexible provisions of [Rule]Pa.R.A.P. 123(b).
35

Rule 1770. Review of Out of Home Placement in Juvenile Delinquency Matters.

(a) General rule.[ ]—If a court under the Juvenile Act, 42 Pa.C.S. § 6301 [et seq]et 

seq., enters an order after an adjudication of delinquency of a juvenile pursuant to 

Rules of Juvenile Court Procedure 409(A)(2) and 515, which places the juvenile in an 

out of home overnight placement in any agency or institution that shall provide care, 

treatment, supervision, or rehabilitation of the juvenile ("Out of Home Placement"), the 

juvenile may seek review of that order pursuant to a petition for review under Chapter 

15 (judicial review of governmental determinations). The petition shall be filed within ten 

days of the said order. 

(b) Content.[ ]—A petition for review under subdivision (a) shall contain the 

following: 

[(i)](1) a specific description of any determinations made by the juvenile court; 

[(ii)](2) the matters complained of; 

[(iii)](3) a concise statement of the reasons why the juvenile court abused its 

discretion in ordering the Out of Home Placement; 

[(iv)](4) the proposed terms and conditions of an alternative disposition for the 

juvenile; and

[(v)](5) a request that the official court reporter for the juvenile court transcribe the 

notes of testimony as required by [subdivision]paragraph (g) of this Rule. 

Any order(s) and opinion(s) relating to the Out of Home Placement and the transcript 

of the juvenile court’s findings shall be attached as appendices. The petition shall be 

supported by a certificate of counsel to the effect that it is presented in good faith and 

not for delay. The petition shall contain the certificate of compliance required by 

Pa.R.A.P. 127.

(c) Objection to specific agency or institution, or underlying adjudication of 

delinquency, is not permitted. 

(1) A petition for review under [subdivision]paragraph (a) shall not challenge 

the specific agency or specific institution that is the site of the Out of Home 

Placement and instead shall be limited to the Out of Home Placement itself. 

(2) A petition for review under [subdivision]paragraph (a) shall not challenge 

the underlying adjudication of delinquency. 
36

(d) Answer.[ ]—Any answer shall be filed within ten days of service of the petition, 

and no other pleading is authorized. Any answer shall contain the certificate of 

compliance required by Pa.R.A.P. 127. [Rule]Pa.R.A.P. 1517 (applicable rules of 

pleading) and [Rule]Pa.R.A.P. 1531 (intervention) through 1551 (scope of review) shall 

not be applicable to a petition for review filed under [subdivision]paragraph (a). 

(e) Service.[ ]—A copy of the petition for review and any answer thereto shall be 

served on the judge of the juvenile court and the official court reporter for the juvenile 

court. All parties in the juvenile court shall be served in accordance with 

[Rule]Pa.R.A.P. 121(b) (service of all papers required). The Attorney General of 

Pennsylvania need not be served in accordance with [Rule]Pa.R.A.P. 1514(c) (service), 

unless the Attorney General is a party in the juvenile court. 

(f) Opinion of juvenile court.[ ]—Upon receipt of a copy of a petition for review under 

[subdivision]paragraph (a), if the judge who made the disposition of the Out of Home 

Placement did not state the reasons for such placement on the record at the time of 

disposition pursuant to Rule of Juvenile Court Procedure 512 (D), the judge shall file of 

record a brief statement of the reasons for the determination or where in the record 

such reasons may be found, within five days of service of the petition for review. 

(g) Transcription of Notes of Testimony.[ ]—Upon receipt of a copy of a petition for 

review under [subdivision]paragraph (a), the court reporter shall transcribe the notes 

of testimony and deliver the transcript to the juvenile court within five business days. If 

the transcript is not prepared and delivered in a timely fashion, the juvenile court shall 

order the court reporter to transcribe the notes and deliver the notes to the juvenile 

court, and may impose sanctions for violation of such an order. If the juvenile is 

proceeding [in forma pauperis]in forma pauperis, the juvenile shall not be charged 

for the cost of the transcript. Chapter 19 of the Rules of Appellate Procedure shall not 

otherwise apply to petitions for review filed under this Rule. 

(h) Non-waiver of objection to placement.[ ]—A failure to seek review under this rule 

of the Out of Home Placement shall not constitute a waiver of the juvenile’s right to seek 

review of the placement in a notice of appeal filed by the juvenile from a disposition after 

an adjudication of delinquency.

 Official Note: This Rule provides a mechanism for the expedited review of an order 

of Out of Home Placement entered pursuant to Rule of Juvenile Court Procedure 515. 

Rule of Juvenile Court Procedure 512(D) requires the judge who made the disposition 

of an Out of Home Placement to place the reasons for an Out of Home Placement on 

the record at the time of the disposition, and [subdivision]paragraph (f) of this Rule is 

only applicable in the exceptional circumstance where the judge who made the 

disposition of an Out of Home Placement fails to comply with Rule of Juvenile Court 
37

Procedure 512(D). The Juvenile Act, 42 Pa.C.S. § 6352, sets forth the considerations 

for a dispositional order following an adjudication of delinquency and the alternatives for 

disposition. The standard for review of a dispositional order is an abuse of discretion. 

[See In the Interest of A.D.]See In the Interest of A.D., 771 A.2d 45 (Pa. Super. 

2001) [(en banc)](en banc).
38

Rule 1781. Stay Pending Action on Petition for Review.

(a) Application to government unit.—Application for a stay or supersedeas of an 

order or other determination of any government unit pending review in an appellate 

court on petition for review shall ordinarily be made in the first instance to the 

government unit. 

(b) Contents of application for stay or supersedeas.—An application for stay or 

supersedeas of an order or other determination of a government unit, or for an order 

granting an injunction pending review, or for relief in the nature of peremptory 

mandamus, may be made to the appellate court or to a judge thereof, but the 

application shall show that application to the government unit for the relief sought is not 

practicable, or that application has been made to the government unit and denied, with 

the reasons given by it for the denial, or that the action of the government unit did not 

afford the relief which the applicant had requested. The application shall also show the 

reasons for the relief requested and the facts relied upon, and if the facts are subject to 

dispute the application shall be supported by sworn or verified statements or copies 

thereof. With the application shall be filed such parts, if any, of the record as are 

relevant to the relief sought. The application shall contain the certificate of 

compliance required by Pa.R.A.P. 127.

(c) Notice and action by court.—Upon such notice to the government unit as is 

required by [Rule]Pa.R.A.P. 123 (applications for relief) the appellate court, or a judge 

thereof, may grant an order of stay or supersedeas, including the grant of an injunction

pending review or relief in the nature of peremptory mandamus, upon such terms and 

conditions, including the filing of security, as the court or the judge thereof may 

prescribe. Where a statute requires that security be filed as a condition to obtaining a

supersedeas, the court shall require adequate security.
39

Rule 1931. Transmission of the Record.

(a) Time for transmission. 

(1) General rule.—Except as otherwise prescribed by this rule, the record on 

appeal, including the transcript and exhibits necessary for the determination of the 

appeal, shall be transmitted to the appellate court within 60 days after the filing of 

the notice of appeal. If an appeal has been allowed or if permission to appeal has 

been granted, the record shall be transmitted as provided by [Rule]Pa.R.A.P. 1122 

(allowance of appeal and transmission of record) or by [Rule]Pa.R.A.P. 1322 

(permission to appeal and transmission of record), as the case may be. The 

appellate court may shorten or extend the time prescribed by this 

[subdivision]paragraph for a class or classes of cases. 

(2) Children’s fast track appeals.—In a children’s fast track appeal, the record on 

appeal, including the transcript and exhibits necessary for the determination of the 

appeal, shall be transmitted to the appellate court within 30 days after the filing of 

the notice of appeal. If an appeal has been allowed or if permission to appeal has 

been granted, the record shall be transmitted as provided by [Rule]Pa.R.A.P. 1122 

(allowance of appeal and transmission of record) or by [Rule]Pa.R.A.P. 1322 

(permission to appeal and transmission of record), as the case may be. 

(b) Duty of [lower]trial court.—After a notice of appeal has been filed the judge who 

entered the order appealed from shall comply with [Rule]Pa.R.A.P. 1925 (opinion in 

support of order), shall cause the official court reporter to comply with [Rule]Pa.R.A.P.

1922 (transcription of notes of testimony) or shall otherwise settle a statement of the 

evidence or proceedings as prescribed by this chapter, and shall take any other action 

necessary to enable the clerk to assemble and transmit the record as prescribed by this 

rule. 

(c) Duty of clerk to transmit the record.—When the record is complete for purposes 

of the appeal, the clerk of the lower court shall transmit it to the prothonotary of the 

appellate court. The clerk of the lower court shall number the documents comprising the 

record and shall transmit with the record a list of the documents correspondingly 

numbered and identified with sufficient specificity to allow the parties on appeal to 

identify each document and whether it is marked as confidential, so as to determine 

whether the record on appeal is complete. Any Confidential Information Forms and 

the “Unredacted Version” of any pleadings, documents, or other legal papers 

where a “Redacted Version” was also filed shall be separated either physically or 

electronically and transmitted to the appellate court. Whatever is confidential 

shall be labeled as such. If any case records or documents were sealed in the 

lower court, the list of documents comprising the record shall specifically identify 

such records or documents as having been sealed in the lower court. Documents 
40

of unusual bulk or weight and physical exhibits other than documents shall not be 

transmitted by the clerk unless he or she is directed to do so by a party or by the 

prothonotary of the appellate court. A party must make advance arrangements with the 

clerk for the transportation and receipt of exhibits of unusual bulk or weight. 

Transmission of the record is effected when the clerk of the lower court mails or 

otherwise forwards the record to the prothonotary of the appellate court. The clerk of the 

lower court shall indicate, by endorsement on the face of the record or otherwise, the 

date upon which the record is transmitted to the appellate court.

(d) Service of the list of record documents.—The clerk of the lower court shall, at 

the time of the transmittal of the record to the appellate court, mail a copy of the list of 

record documents to all counsel of record, or if unrepresented by counsel, to the parties 

at the address they have provided to the clerk. The clerk shall note on the docket the 

giving of such notice. 

(e) Multiple appeals.—Where more than one appeal is taken from the same order, it 

shall be sufficient to transmit a single record, without duplication. 

(f) Inconsistency between list of record documents and documents actually 

transmitted.—If the clerk of the lower court fails to transmit to the appellate court all of 

the documents identified in the list of record documents, such failure shall be deemed a 

breakdown in processes of the court. Any omission shall be corrected promptly 

pursuant to [Rule]Pa.R.A.P. 1926 (correction or modification of the record) and shall 

not be the basis for any penalty against a party.

 Official Note: [Rule]Pa.R.A.P. 1926 (correction or modification of the record) 

provides the means to resolve any disagreement between the parties as to what should 

be included in the record on appeal.

***
41

Rule 1952. Filing of Record in Response to Petition for Review.

(a) Time and notice.—Where under the applicable law the question raised by a 

petition for review may be determined in whole or in part upon the record before the 

government unit, the government unit shall file the record with the prothonotary of the 

court named in the petition for review within 40 days after service upon it of the petition. 

The court may shorten or extend the time prescribed in this [subdivision]paragraph. 

The prothonotary shall give notice to all parties of the date on which the record is filed. 

(b) Certificate of record.—The government unit shall certify the contents of the 

record and a list of all documents, transcripts of testimony, exhibits and other material 

comprising the record. The government unit shall (1) arrange the documents to be 

certified in chronological order, (2) number them, and (3) affix to the right or bottom 

edge of the first page of each document a tab showing the number of that document. 

These shall be bound and shall contain a table of contents identifying each document in 

the record. If any documents or case records were maintained as confidential in 

the government unit, the list of documents that comprise the record shall 

specifically identify such documents or the entire record as having been 

maintained as confidential, and the government unit shall either physically or 

electronically separate such documents. The certificate shall be made by the head, 

chairman, deputy, or secretary of the government unit. The government unit may file the 

entire record or such parts thereof as the parties may designate by stipulation filed with 

the government unit. The original papers in the government unit or certified copies 

thereof may be filed. 

Instead of filing the record or designated parts thereof, the government unit may file 

a certified list of all documents, transcripts of testimony, exhibits, and other material 

comprising the record, or a certified list of such parts thereof as the parties may 

designate, adequately describing each, and the filing of the certified list shall constitute 

filing of the record. If any documents or case records were maintained as 

confidential in the government unit, the list of documents that comprise the 

record shall specifically identify such documents or the entire record as having 

been maintained as confidential. The parties may stipulate that neither the record 

nor a certified list be filed with the court. The stipulation shall be filed with the 

prothonotary of the court, and the date of its filing shall be deemed the date on which 

the record is filed. If a certified list is filed, or if the parties designate only parts of the 

record for filing or stipulate that neither the record nor a certified list be filed, the 

government unit shall retain the record or parts thereof. Upon request of the court or the 

request of a party, the record or any part thereof thus retained shall be transmitted to 

the court notwithstanding any prior stipulation. All parts of the record retained by the 

government unit shall be a part of the record on review for all purposes. 
42

(c) Notice to counsel of contents of certified record.—At the time of transmission of the 

record to the appellate court, the government unit shall send a copy of the list of the 

contents of the certified record to all counsel of record, or, if a party is unrepresented by 

counsel, to that party at the address provided to the government unit.

 Official Note: The addition of [subdivision]paragraph (c) in 2012 requires 

government units other than courts to notify counsel of the contents of the certified 

record. This is an extension of the requirement in [Rule]Pa.R.A.P. 1931 (transmission 

of the record) that trial courts give such notice.

***
43

Rule 2111. Brief of the Appellant.

(a) General rule.—The brief of the appellant, except as otherwise prescribed by 

these rules, shall consist of the following matters, separately and distinctly entitled and 

in the following order: 

(1) Statement of jurisdiction. 

(2) Order or other determination in question. 

(3) Statement of both the scope of review and the standard of review. 

(4) Statement of the questions involved. 

(5) Statement of the case. 

(6) Summary of argument. 

(7) Statement of the reasons to allow an appeal to challenge the discretionary 

aspects of a sentence, if applicable. 

(8) Argument for appellant. 

(9) A short conclusion stating the precise relief sought. 

(10) The opinions and pleadings specified in [Subdivisions]paragraphs (b) and 

(c) of this rule. 

(11) In the Superior Court, a copy of the statement of errors complained of on 

appeal, filed with the trial court pursuant to [Rule]Pa.R.A.P. 1925(b), or an averment 

that no order requiring a statement of errors complained of on appeal pursuant to 

Pa.R.A.P. 1925(b) was entered.

(12) The certificates of compliance required by Pa.R.A.P. 127 and 2135(d).

(b) Opinions below.—There shall be appended to the brief a copy of any opinions 

delivered by any trial court, intermediate appellate court, or other government unit 

[below] relating to the order or other determination under review, if pertinent to the 

questions involved. If an opinion has been reported, that fact and the appropriate 

citation shall also be set forth. 

(c) Pleadings.—When pursuant to [Rule]Pa.R.A.P. 2151(c) (original hearing cases) 

the parties are not required to reproduce the record, and the questions presented 
44

involve an issue raised by the pleadings, a copy of the relevant pleadings in the case 

shall be appended to the brief. 

(d) Brief of the Appellant.—In the Superior Court, there shall be appended to the 

brief of the appellant a copy of the statement of errors complained of on appeal, filed 

with the trial court pursuant to Pa.R.A.P. 1925(b). If the trial court has not entered an 

order directing the filing of such a statement, the brief shall contain an averment that no 

order to file a statement of errors complained of on appeal pursuant to Pa.R.A.P. 

1925(b) was entered by the trial court.

 Official Note: The 1999 amendment requires a statement of the scope and standard 

of review. "'Scope of review' refers to 'the confines within which an appellate court must 

conduct its examination.' (Citation omitted.) In other words, it refers to the matters (or 

'what') the appellate court is allowed to examine. In contrast, 'standard of review' refers 

to the manner in which (or 'how') that examination is conducted." Morrison v. 

Commonwealth, Dept. of Public Welfare, [538 Pa. 122, 131, ]646 A.2d 565, 570 (Pa.

1994). This amendment incorporates the prior practice of the Superior Court pursuant to 

Pa.R.A.P. 3518 which required such statements. Accordingly, [Rule]Pa.R.A.P. 3518 

has been rescinded and its requirement is now subsumed under paragraph (a)(2) of this 

Rule. 

 Pa.R.A.P. 2119(f) requires a separate statement of reasons that an appellate court 

should allow an appeal to challenge the discretionary aspects of a sentence. The 2008 

amendments recognize that, while Pa.R.A.P. 2119(f) does not apply to all appeals, an 

appellant must include the reasons for allowance of appeal as a separate enumerated 

section immediately before the Argument section if he or she desires to challenge the 

discretionary aspects of a sentence.

***
45

Rule 2112. Brief of the Appellee.

The brief of the appellee, except as otherwise prescribed by these rules, need 

contain only a summary of argument and the complete argument for appellee, and may 

also include counter-statements of any of the matters required in the appellant’s brief as 

stated in Pa.R.A.P. 2111(a). Unless the appellee does so, or the brief of the appellee 

otherwise challenges the matters set forth in the appellant’s brief, it will be assumed the 

appellee is satisfied with them, or with such parts of them as remain unchallenged. The 

brief of the appellee shall contain the certificates of compliance required by 

Pa.R.A.P. 127 and 2135(d).

 Official Note: See Pa.R.A.P. 2111 and 2114—2119.
46

Rule 2113. Reply Brief.

(a) General rule.—In accordance with [Rule]Pa.R.A.P. 2185(a) (time for serving 

and filing briefs), the appellant may file a brief in reply to matters raised by appellee’s 

brief or in any [amicus curiae]amicus curiae brief and not previously addressed in 

appellant’s brief. If the appellee has cross appealed, the appellee may file a similarly 

limited reply brief. A reply brief shall contain the certificates of compliance required 

by Pa.R.A.P. 127 and 2135(d).

(b) Response to draft or plan.—A reply brief may be filed as prescribed in 

[Rule]Pa.R.A.P. 2134 (drafts or plans). 

(c) Other briefs.—No further briefs may be filed except with leave of court.

 Official Note: An appellant now has a general right to file a reply brief. The scope of 

the reply brief is limited, however, in that such brief may only address matters raised by 

appellee and not previously addressed in appellant’s brief. No subsequent brief may be 

filed unless authorized by the court. 

 The length of a reply brief is set by [Rule]Pa.R.A.P. 2135 (length of briefs). The due 

date for a reply brief is found in [Rule]Pa.R.A.P. 2185(a) (service and filing of briefs). 

 Where there are cross appeals, the deemed or designated appellee may file a 

similarly limited reply brief addressing issues in the cross appeal. [See also Rule]See 

also Pa.R.A.P. 2136 (briefs in cases involving cross appeals). 

 The 2011 amendment to [subdivision]paragraph (a) authorized an appellant to 

address in a reply brief matters raised in [amicus curiae]amicus curiae briefs. Before 

the 2011 amendment, the rule permitted the appellant to address in its reply brief only 

matters raised in the appellee’s brief. The 2011 amendment did not change the 

requirement that the reply brief must not address matters previously addressed in the 

appellant’s principal brief.

***
47

Rule 2152. Content and Effect of Reproduced Record.

(a) General rule.—The reproduced record shall contain the following: 

(1) The relevant docket entries and any relevant related matter ([see Rule]see

Pa.R.A.P. 2153 (docket entries and related matter)). 

(2) Any relevant portions of the pleadings, charge or findings ([see Rule]see 

Pa.R.A.P. 2175(b) (order and opinions) which provides for a cross reference note 

only to orders and opinions reproduced as part of the brief of appellant). 

(3) Any other parts of the record to which the parties wish to direct the particular 

attention of the appellate court.

(4) The certificate of compliance required by Pa.R.A.P. 127.

(b) Immaterial formal matters.—Immaterial formal matters (captions, subscriptions, 

acknowledgments, etc.) shall be omitted. 

(c) Effect of reproduction of record.—The fact that parts of the record are not 

included in the reproduced record shall not prevent the parties or the appellate court 

from relying on such parts.

(d) “Confidential Information” and “Confidential Documents”, as those terms 

are defined in the Public Access Policy of the Unified Judicial System of 

Pennsylvania: Case Records of the Appellate and Trial Courts, shall appear in the 

reproduced record in the same manner and format as they do in the original 

record.

 Official Note: The general rule has long been that evidence which has no relation to 

or connection with the questions involved must not be reproduced. [See]See former 

Supreme Court Rule 44, former Superior Court Rule 36 and former Commonwealth 

Court Rule 88. [See also, e.g.,]See also, e.g., Shapiro v. Malarkey, [278 Pa. 78, 84, 

]122 A[tl]. 341, 342[, 29 A.L.R. 1358] (Pa. 1923); Sims v. Pennsylvania R.R. Co., [279 

Pa. 111, 117,] 123 A[tl]. 676, 679 (Pa. 1924). 

 [See Rule]See Pa.R.A.P. 2189 for procedure in cases involving the death penalty.

The Public Access Policy of the Unified Judicial System of Pennsylvania: Case 

Records of the Appellate and Trial Courts (“Public Access Policy”) does not 

apply retroactively to pleadings, documents, or other legal papers filed prior to 

the effective date of the Public Access Policy. Reproduced records may therefore 
48

contain pleadings, documents, or legal papers that do not comply with the Public 

Access Policy if they were originally filed prior to the effective date of the Public 

Access Policy.
49

Rule 2156. Supplemental Reproduced Record.

When, because of exceptional circumstances, the parties are not able to 

cooperate on the preparation of the reproduced record as a single document, the 

appellee may, in lieu of proceeding as otherwise provided in this chapter, prepare, 

serve, and file a [Supplemental Reproduced Record]supplemental reproduced 

record setting forth the portions of the record designated by the appellee. A 

supplemental reproduced record shall contain the certificate of compliance 

required by Pa.R.A.P. 127. “Confidential Information” and “Confidential 

Documents”, as those terms are defined in the Public Access Policy of the 

Unified Judicial System of Pennsylvania: Case Records of the Appellate and 

Trial Courts, shall appear in the reproduced record in the same manner and 

format as they do in the original record.

 Official Note: Former Supreme Court Rules 36, 38 and 57, former Superior Court 

Rules 28, 30, and 47 and former Commonwealth Court Rules 32A, 82, and 84 all 

inferentially recognized that a supplemental record might be prepared by the appellee, 

but the former rules were silent on the occasion for such a filing. The preparation of a 

single reproduced record has obvious advantages, especially where one party 

designates one portion of the testimony, and the other party designates immediately 

following testimony on the same subject. However, because of emergent circumstances 

or otherwise, agreement on the mechanics of a joint printing effort may collapse, without 

affording sufficient time for the filing and determination of an application for enforcement 

of the usual procedures. In that case an appellee may directly present the relevant 

portions of the record to the appellate court. 

 As the division of the reproduced record into two separate documents will ordinarily 

render the record less intelligible to the court and the parties, the preparation of a 

supplemental reproduced record is not favored and the appellate court may suppress a 

supplemental record which has been separately reproduced without good cause.

The Public Access Policy of the Unified Judicial System of Pennsylvania: Case 

Records of the Appellate and Trial Courts (“Public Access Policy”) does not 

apply retroactively to pleadings, documents, or other legal papers filed prior to 

the effective date of the Public Access Policy. Supplemental reproduced records 

may therefore contain pleadings, documents, or legal papers that do not comply 

with the Public Access Policy if they were originally filed prior to the effective 

date of the Public Access Policy.
50

Rule 2171. Method of Reproduction. Separate Brief and Record.

(a) General Rule.—Briefs and reproduced records may be reproduced by any 

duplicating or copying process which produces a clear black image on white paper. 

Briefs and records shall comply with the requirements of [Rule]Pa.R.A.P. 124 and shall 

be firmly bound at the left margin. 

(b) Separate brief and record.—In all cases the reproduced record may be bound 

separately, and must be if it and the brief together contain more than 100 pages or if 

the reproduced record contains “Confidential Information” or “Confidential 

Documents”, as those terms are defined in the Public Access Policy of the 

Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial 

Courts (“Public Access Policy”), in any pleadings, documents, or legal papers 

originally filed after the effective date of the Public Access Policy.

 Official Note: See Rule 124 (form of papers; number of copies) for general 

provisions on quality, size and format of papers (including briefs and reproduced 

records) filed in Pennsylvania courts.
51

Rule 2544. Contents of Application for Reargument.

(a) General rule.—The application for reargument need not be set forth in numbered 

paragraphs in the manner of a pleading, and shall contain the following (which shall, 

insofar as practicable, be set forth in the order stated): 

(1) A reference to the order in question, or the portions thereof sought to be 

reargued, and the date of its entry in the appellate court. If the order is voluminous, it 

may, if more convenient, be appended to the application. 

(2) A specification with particularity of the points of law or fact supposed to have 

been overlooked or misapprehended by the court. 

(3) A concise statement of the reasons relied upon for allowance of reargument. 

[See Rule]See Pa.R.A.P. 2543 (considerations governing allowance of reargument). 

(4) There shall be appended to the application a copy of any opinions delivered 

relating to the order with respect to which reargument is sought, and, if reference 

thereto is necessary to ascertain the grounds of the application for reargument, slip 

opinions in related cases. If whatever is required by this paragraph to be appended 

to the application is voluminous, it may, if more convenient, be separately presented. 

(b) No supporting brief.—All contentions in support of an application for reargument 

shall be set forth in the body of the application as prescribed by paragraph (a)(3) of this 

rule. No separate brief in support of an application for reargument will be received, and 

the prothonotary of the appellate court will refuse to file any application for reargument 

to which is annexed or appended any supporting brief. 

(c) Length.—Except by permission of the court, an application for reargument shall 

not exceed 3,000 words, exclusive of pages containing table of contents, table of 

citations and any addendum containing opinions, etc., or any other similar 

supplementary matter provided for by this rule. 

(d) Certificate of compliance.[—]

(1) Word count.—An application for reargument that does not exceed 8 pages 

when produced on a word processor or typewriter shall be deemed to meet the 

limitation in [subdivision]paragraph (c) of this rule. In all other cases, the attorney 

or unrepresented filing party shall include a certification that the application for 

reargument complies with the word count limits. The certificate may be based on the 

word count of the word processing system used to prepare the application for 

reargument. 
52

(2) Public Access Policy of the Unified Judicial System of Pennsylvania: 

Case Records of the Appellate and Trial Courts.—An application for 

reargument shall contain the certificate of compliance required by Pa.R.A.P. 

127.

(e) Essential requisites of application.—The failure of an applicant to present with 

accuracy, brevity, and clearness whatever is essential to a ready and adequate 

understanding of the points requiring reconsideration will be a sufficient reason for 

denying the application. 

(f) Multiple applicants.—Where permitted by [Rule]Pa.R.A.P. 512 (joint appeals) a 

single application for reargument may be filed.
53

Rule 2545. Answer to Application for Reargument.

(a) General rule.—Except as otherwise prescribed by this rule, within 14 days after 

service of an application for reargument, an adverse party may file an answer. The 

answer shall be deemed filed on the date of mailing if first class, express, or priority 

United States Postal Service mail is utilized. The answer need not be set forth in 

numbered paragraphs in the manner of a pleading. The answer shall set forth any 

procedural, substantive or other argument or ground why the court should not grant 

reargument. The answer shall contain the certificate of compliance required by 

Pa.R.A.P. 127. No separate motion to dismiss an application for reargument will be 

received. A party entitled to file an answer under this rule who does not intend to do so 

shall, within the time fixed by these rules for filing an answer, file a letter stating that an 

answer to the application for reargument will not be filed. The failure to file an answer 

will not be construed as concurrence in the request for reargument. 

(b) Children’s fast track appeals.—In a children’s fast track appeal, within 7 days 

after service of an application for reargument, an adverse party may file an answer. The 

answer shall be deemed filed on the date of mailing if first class, express, or priority 

United States Postal Service mail is utilized. The answer need not be set forth in 

numbered paragraphs in the manner of a pleading. The answer shall set forth any 

procedural, substantive or other argument or ground why the court should not grant 

reargument. The answer shall contain the certificate of compliance required by 

Pa.R.A.P. 127. No separate motion to dismiss an application for reargument will be 

received. A party entitled to file an answer under this rule who does not intend to do so 

shall, within the time fixed by these rules for filing an answer, file a letter stating that an 

answer to the application for reargument will not be filed. The failure to file an answer 

will not be construed as concurrence in the request for reargument.
54

Rule 2751. Applications for Further Costs and Damages.

An application for further costs and damages must be made before the record is 

remanded, unless the appellate court, for cause shown, shall otherwise direct. Such an 

application must set forth specifically the reasons why it should be granted, and shall be 

accompanied by the opinion of the court and the briefs used therein. An application for 

further costs and damages shall contain the certificate of compliance required by 

Pa.R.A.P. 127.

 Official Note: Based on former Supreme Court Rule 65 and former Superior Court 

Rule 56, and makes no change in substance.