reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 3 - ORDERS FROM WHICH APPEALS MAY BE TAKEN › INTERLOCUTORY APPEALS › Rule 311 - Interlocutory Appeals as of Right

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
An appeal may be taken as of right and without
					 reference to Pa.R.A.P. 341(c) from the following types of orders:
(1)
Affecting Judgments.
An
					 order refusing to open, vacate, or strike off a judgment. If orders opening,
					 vacating, or striking off a judgment are sought in the alternative, no appeal
					 may be filed until the court has disposed of each claim for relief.
(2)
Attachments, etc.
An
					 order confirming, modifying, dissolving, or refusing to confirm, modify or
					 dissolve an attachment, custodianship, receivership, or similar matter
					 affecting the possession or control of property, except for orders pursuant to
					 23 Pa.C.S. §§
													3323(f),
					 3505(a).
(3)
Change of Criminal Venue or
					 Venire.
An order changing venue or venire in a criminal
					 proceeding.
(4)
Injunctions.
An order that grants or denies, modifies or
					 refuses to modify, continues or refuses to continue, or dissolves or refuses to
					 dissolve an injunction unless the order was entered:
(i) Pursuant to
					 23 Pa.C.S. §§
														3323(f),
					 3505(a); or
(ii) After a trial but before entry of the
					 final order. Such order is immediately appealable, however, if the order
					 enjoins conduct previously permitted or mandated or permits or mandates conduct
					 not previously mandated or permitted, and is effective before entry of the
					 final order.
(5)
Peremptory Judgment in Mandamus.
An order granting peremptory
					 judgment in mandamus.
(6)
New Trials.
An order in a civil action or proceeding awarding
					 a new trial, or an order in a criminal proceeding awarding a new trial where
					 the defendant claims that the proper disposition of the matter would be an
					 absolute discharge or where the Commonwealth claims that the trial court
					 committed an error of law.
(7)
Partition.
An order directing partition.
(8)
Other Cases.
An order
					 that is made final or appealable by statute or general rule, even though the
					 order does not dispose of all claims and of all parties.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 3 - ORDERS FROM WHICH APPEALS MAY BE TAKEN › INTERLOCUTORY APPEALS › Rule 312 - Interlocutory Appeals by Permission

Current through Register Vol. 54, No. 28, July 13, 2024
An appeal from an interlocutory order may be taken by
						permission pursuant to Chapter 13 (interlocutory appeals by
						permission).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 3 - ORDERS FROM WHICH APPEALS MAY BE TAKEN › INTERLOCUTORY APPEALS › Rule 313 - Collateral Orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule
An appeal may be taken as of right from a
					 collateral order of a trial court or other government unit.
(b)
Definition.
A collateral
					 order is an order separable from and collateral to the main cause of action
					 where the right involved is too important to be denied review and the question
					 presented is such that if review is postponed until final judgment in the case,
					 the claim will be irreparably lost.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 3 - ORDERS FROM WHICH APPEALS MAY BE TAKEN › FINAL ORDERS › Rule 341 - Final Orders; Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule
. Except as prescribed in subdivisions (d) and (e)
					 of this rule, an appeal may be taken as of right from any final order of a
					 government unit or trial court.
(b)
Definition of Final Order
. A final order:
(1) disposes of all claims and of all
					 parties;
(2) ;
(3) is entered as a final order pursuant to
					 subdivision (c) of this rule; or
(4) is an order pursuant to subdivision (f)
					 of this rule.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 3 - ORDERS FROM WHICH APPEALS MAY BE TAKEN › FINAL ORDERS › Rule 342 - Appealable Orphans' Court Orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
An appeal may be taken as of right from the
					 following orders of the Orphans' Court Division:
(1) An order confirming an account, or
					 authorizing or directing a distribution from an estate or trust;
(2) An order determining the validity of a
					 will or trust;
(3) An order
					 interpreting a will or a document that forms the basis of a claim against an
					 estate or trust;
(4) An order
					 interpreting, modifying, reforming or terminating a trust;
(5) An order determining the status of
					 fiduciaries, beneficiaries, or creditors in an estate, trust, or
					 guardianship;
(6) An order
					 determining an interest in real or personal property;
(7) An order issued after an inheritance tax
					 appeal has been taken to the Orphans' Court pursuant to either
					 72 Pa.C.S. §
													9186(a)(3) or
					 72 Pa.C.S. § 9188, or
					 after the Orphans' Court has made a determination of the issue protested after
					 the record has been removed from the Department of Revenue pursuant to
					 72 Pa.C.S. §
													9188(a); or
(8) An order otherwise appealable as provided
					 by Chapter 3 of these rules.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › IN GENERAL › Rule 501 - Any Aggrieved Party May Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
Except where the right of appeal is enlarged by statute,
						any party who is aggrieved by an appealable order, or a fiduciary whose estate
						or trust is so aggrieved, may appeal therefrom.
Whether or not a party is aggrieved by the action below
						  is a substantive question determined by the effect of the action on the party,
						  etc.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › IN GENERAL › Rule 502 - Substitution of Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Death of a party
.-If a party dies after a notice of appeal or
					 petition for review is filed or while a matter is otherwise pending in an
					 appellate court, the personal representative of the deceased party may be
					 substituted as a party on application filed by the representative or by any
					 party with the prothonotary of the appellate court. The application of a party
					 shall be served upon the representative in accordance with the provisions of
					 Pa.R.A.P. 123. If the deceased party has no representative, any party may
					 suggest the death on the record and proceedings shall then be had as the
					 appellate court may direct. If a party against whom an appeal may be taken or a
					 petition for review may be filed dies after entry of an order below but before
					 a notice of appeal or petition for review is filed, an appellant may proceed as
					 if death had not occurred. After the notice of appeal or petition for review is
					 filed, substitution shall be effected in the appellate court in accordance with
					 this paragraph. If a party entitled to appeal or petition for review shall die
					 before filing a notice of appeal or petition for review, the notice of appeal
					 or petition for review may be filed by his personal representative, or, if he
					 has no personal representative, by his counsel, within the time prescribed by
					 these rules. After the notice of appeal or petition for review is filed,
					 substitution shall be effected in the appellate court in accordance with this
					 paragraph.
(b)
Substitution
					 in other cases or for other causes
.-If substitution of a party in an
					 appellate court is necessary in connection with a petition for allowance of
					 appeal, a petition for permission to appeal, a petition for specialized review,
					 or in connection with any matter other than a notice of appeal or petition for
					 review, or if substitution of a party in an appellate court is necessary for
					 any reason other than death, substitution shall be effected in accordance with
					 the procedure prescribed in paragraph (a) of this rule.
(c)
Death or separation from office
					 of public officer
.-When a public officer is a party to an appeal or
					 other matter in an appellate court in his official capacity and during its
					 pendency dies, resigns, or otherwise ceases to hold office, the matter does not
					 abate and his successor is automatically substituted as a party. Proceedings
					 following the substitution shall be in the name of the substituted party, but
					 any misnomer not affecting the substantial rights of the parties shall be
					 disregarded. An order of substitution may be entered at any time, but the
					 omission to enter such an order shall not affect the substitution.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › IN GENERAL › Rule 503 - Description of Public Officers

Current through Register Vol. 54, No. 28, July 13, 2024
When a public officer is a party to an appeal or other
						matter in his official capacity he may be described as a party by his official
						title rather than by name; but the appellate court may require his name to be
						added.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › MULTIPLE APPEALS › Rule 511 - Cross-Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
The timely filing of an appeal shall extend the time for
						any other party to cross-appeal as set forth in Pa.R.A.P. 903(b)
						(cross-appeals), 1113(b) (cross-petitions for allowance of appeal), and
						1512(a)(2) (cross-petitions for review). The discontinuance of an appeal by a
						party shall not affect the right of appeal or cross-appeal of any other party
						regardless of whether the parties are adverse.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › MULTIPLE APPEALS › Rule 512 - Joint Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Parties interested jointly, severally or otherwise in any
						order in the same matter or in joint matters or in matters consolidated for the
						purposes of trial or argument, may join as appellants or be joined as appellees
						in a single appeal where the grounds for appeal are similar, or any one or more
						of them may appeal separately or any two or more may join in an appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › MULTIPLE APPEALS › Rule 513 - Consolidation of Multiple Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Where there is more than one appeal from the same order,
						or where the same question is involved in two or more appeals in different
						cases, the appellate court may, in its discretion, order them to be argued
						together in all particulars as if but a single appeal. Appeals may be
						consolidated by stipulation of the parties to the several appeals.
Note:
The first sentence is substantially
						the same as former Supreme Court Rule 29, former Superior Court Rule 21 and
						former Commonwealth Court Rule 27. The second sentence is patterned after Fed.
						Rules App. Proc. 3(b).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › OFFICIAL PARTICIPATION UPON CHALLENGE TO STATUTES OR RULES › Rule 521 - Notice to Attorney General of Challenge to Constitutionality of Statute

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice
.-It shall be the duty of a party who draws in question
					 the constitutionality of any statute in any matter in an appellate court to
					 which the Commonwealth or any officer thereof, acting in his official capacity,
					 is not a party, upon the filing of the record, or as soon thereafter as the
					 question is raised in the appellate court, to give immediate notice in writing
					 to the Attorney General of Pennsylvania of the existence of the question;
					 together with a copy of the pleadings or other portion of the record raising
					 the issue, and to file proof of service of such notice.
(b)
Status of Attorney
					 General
.-The Attorney General may be heard on the question of the
					 constitutionality of the statute involved without formal intervention. If the
					 Attorney General files a brief concerning the question the Commonwealth shall
					 thereafter be deemed to be an intervening party in the matter.
Note:
Based on Pa.R.Civ.P. 235 and Fed.
						Rules App. Proc. 44. The provisions of subdivision (b) are intended to place
						the Commonwealth in a position to obtain review in the Supreme Court of
						Pennsylvania or the Supreme Court of the United States of an adverse decision
						on the constitutional question.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › OFFICIAL PARTICIPATION UPON CHALLENGE TO STATUTES OR RULES › Rule 522 - Notice to Court Administrator of Pennsylvania of Challenge to Constitutionality of General Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice
.-It shall be the duty of a party who draws in question
					 the constitutionality of any general rule to give notice in writing to the
					 Court Administrator of Pennsylvania in accordance with the procedure prescribed
					 in Rule 521 (notice to Attorney General of challenge to constitutionality of
					 statute).
(b)
Status of
					 Court Administrator
.-The Court Administrator of Pennsylvania may be
					 heard on the question of the constitutionality of the general rule involved
					 without formal intervention. If the Court Administrator files a brief
					 concerning the question the Commonwealth, acting by and through the Court
					 Administrator of Pennsylvania, shall thereafter be deemed to be an intervening
					 party in the matter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › AMICUS CURIAE › Rule 531 - Participation by Amicus curiae

Current through Register Vol. 54, No. 28, July 13, 2024
(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
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.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › FORMA PAUPERIS › Rule 551 - Continuation of In Forma Pauperis Status for Purposes of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-A party
					 who has been granted leave by a trial court to proceed
in forma
					 pauperis
may proceed
in forma pauperis
in an
					 appellate court upon filing with the clerk of the trial court two copies of a
					 verified statement stating:
(1) The date on
					 which the trial court entered the order granting leave to proceed
in
					 forma pauperis
.
(2) That
					 there has been no substantial change in the financial condition of the party
					 since such date.
(3) That the party
					 is unable to pay the fees and costs on appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › FORMA PAUPERIS › Rule 552 - Application to Trial Court for Leave to Appeal In Forma Pauperis

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-A party
					 who is not eligible to file a verified statement under Pa.R.A.P. 551
					 (continuation of in forma pauperis status for purposes of appeal) may apply to
					 the trial court for leave to proceed on appeal
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 paragraph (d) of this rule, the
					 application shall be accompanied by a verified statement substantially
					 conforming to the requirements of 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 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
					 trial court shall forthwith enter an order granting the application. The clerk
					 may accept and act on an application under this paragraph without an
					 accompanying verified statement by the party.
(e)
Consideration and action by the
					 court
.-Except as prescribed in 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 Case Records Public Access Policy of the
					 Unified Judicial System of Pennsylvania
.-An application filed under
					 this Rule shall contain the certificate of compliance required by Pa.R.A.P.
					 127.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › FORMA PAUPERIS › Rule 553 - Application in Appellate Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-A party who has been denied relief under
					 Pa.R.A.P. 552, or who has been unable to file an application under such rule
					 because the matter is an original action in the appellate court, or a petition
					 for review or petition for specialized review proceeding relating to a
					 government unit other than a court, or for any other reason, may apply to the
					 appellate court for leave to proceed
in forma pauperis
in the
					 appellate court.
(b)
Form
					 and procedure
.-An application under this rule shall be governed by
					 Pa.R.A.P. 552 so far as it may be applied.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › FORMA PAUPERIS › Rule 554 - Effect of Application and Approval Thereof

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appeal taken before application
					 filed
.-If an application under Rule 552 (application to lower court
					 for leave to appeal in forma pauperis) or Rule 553 (application in appellate
					 court) is not filed before an appeal is taken, all applicable filing fees which
					 are due before such an application is filed shall be treated as unpaid for
					 purposes of Chapter 27 (fees and costs in appellate courts and on
					 appeal).
(b)
Appeal taken
					 before application acted upon
.-If an application under Rule 522 or
					 Rule 553 has been filed but has not been acted upon any clerk who has notice of
					 such filing shall accept any papers relating to the appeal without the payment
					 of any fees required under Chapter 27. Transmission of a copy of the
					 application under Rule 552 pursuant to Rule 905(b) (transmission to appellate
					 court) or otherwise shall constitute notice to an appellate prothonotary of the
					 pendency thereof for the purposes of this rule. If the application under Rule
					 552 or Rule 553 is thereafter denied the applicant shall pay all applicable
					 filing fees required under Chapter 27.
(c)
Appeal taken after application
					 granted
.-If an appeal is taken after an application under Rule 552 has
					 been granted, the party shall proceed under Rule 551 (continuation of in forma
					 pauperis status for purposes of appeal), except that a copy of the order
					 granting the application may be substituted for the verified statement required
					 by Rule 551.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › FORMA PAUPERIS › Rule 555 - Obligation to Inform of Improved Financial Circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
A party permitted to proceed in forma pauperis has a
						continuing obligation to inform the appellate court of improvement in the
						financial circumstances of the party. Counsel for a party shall likewise be
						under a continuing obligation to inform the appellate court of such improvement
						within a reasonable time after counsel learns of it.
Note:
Extends former Supreme Court Rule
						61(e) to the Superior and the Commonwealth Courts.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › FORMA PAUPERIS › Rule 556 - Unemployment Compensation Cases

Current through Register Vol. 54, No. 28, July 13, 2024
A claimant-appellant in an unemployment compensation
						matter may proceed in forma pauperis without applying for leave to do so. The
						petition for review, papers transmitted therewith and papers subsequently
						tendered by the part in such a matter shall be filed by the clerk without the
						payment of any fee required under Chapter 27 (fees and costs in appellate
						courts and on appeal).
Note:
A claimant-appellant in a worker's
						compensation matter, who was within the scope of the former version of this
						Rule, remains free to apply for leave to proceed in forma pauperis pursuant to
						Rule 553.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 5 - PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS › FORMA PAUPERIS › Rule 561 - Form of IFP Verified Statement

Current through Register Vol. 54, No. 28, July 13, 2024
A verified statement under this chapter in support of an
						application for leave to proceed in forma pauperis shall be in substantially
						the following form:
[Caption]
____________states under the penalties provided by
(Insert name of applicant)
18 Pa.C.S.
						4904 (unsworn falsification to authorities)
						that:
1. I am the ____________ in the
					 above action and because of
(plaintiff or defendant)
my financial condition am unable to pay the following
						fees and costs:
(state with particularity the relief requested, e.g.,
						appellate filing fees, costs of reproducing records or briefs, or filing of
						supersedeas security if irreparable harm would result if not waived.)
2. My responses to the questions
					 below relating to my ability to pay the fees and costs of prosecuting an appeal
					 are true and correct.
(a) Are you presently
					 employed?
(1) If the answer is yes, state the
					 amount of your salary or wages per month and give the name and address of your
					 employer.
(2) If the answer is no,
					 state the date of your last employment and the amount of the salary and wages
					 per month which you received.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 7 - COURTS TO WHICH APPEALS SHALL BE TAKEN › IN GENERAL › Rule 701 - Interlocutory Orders

Current through Register Vol. 54, No. 28, July 13, 2024
An appeal authorized by law from an interlocutory order
						shall be taken to, and petitions for permission to appeal from an interlocutory
						order and petitions for specialized review shall be filed in, the appellate
						court having jurisdiction of final orders in such matters.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 7 - COURTS TO WHICH APPEALS SHALL BE TAKEN › IN GENERAL › Rule 702 - Final Orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-An appeal authorized by law from a final order
					 shall be taken to, and petitions for allowance of appeal from a final order
					 shall be filed in, the appellate court vested by law with jurisdiction over
					 appeals from such order.
(b)
Matters tried with capital offenses
.-If an appeal is taken to
					 the Supreme Court under Pa.R.A.P. 1941 (review of death sentences), any other
					 appeals relating to sentences for lesser offenses imposed on a defendant as a
					 result of the same criminal episode or transaction and tried with the capital
					 offense shall also be taken to the Supreme Court.
(c)
Supervision of special
					 prosecutions or investigations
.-All petitions for specialized review
					 under Pa.R.A.P. 1611 shall be filed in the Supreme Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 7 - COURTS TO WHICH APPEALS SHALL BE TAKEN › IN GENERAL › Rule 703 - Arbitration Awards in Public Employment Disputes

Current through Register Vol. 54, No. 28, July 13, 2024
[Rescinded].
Note:
Former Rule 703 (arbitration awards in
						public employment disputes) and former Rule 2101 of the Pennsylvania Rules of
						Judical Administration related to jurisdiction to review an award of
						arbitrators appointed in conformity with statute (e.g. Act of June 24, 1968 (P.
						L. 237, No. 111) (43 P. S. §
												217.1 et seq.).
						See now
						42 Pa.C.S. §
												763(b) (awards of
						arbitrators). Compare
						42 Pa.C.S. §
												933(b) (awards of
						arbitrators).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 7 - COURTS TO WHICH APPEALS SHALL BE TAKEN › OBJECTIONS TO JURISDICTION › Rule 741 - Waiver of Objections to Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule
.-The failure of an appellee to file an objection
					 to the jurisdiction of an appellate court on or prior to the last day under
					 these rules for the filing of the record shall, unless the appellate court
					 otherwise orders, operate to perfect the appellate jurisdiction of such
					 appellate court, notwithstanding any provision of law vesting jurisdiction of
					 such appeal in another appellate court.
(b)
Exception
.-Subdivision
					 (a) shall not apply to any defect in the jurisdiction of an appellate court
					 which arises out of:
(1) The failure to
					 effect a filing within the time provided by these rules.
(2) An attempt to take an appeal from an
					 interlocutory order which has not been made appealable by Rule 311
					 (interlocutory appeals as of right) or pursuant to Chapter 13 (interlocutory
					 appeals by permission).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 7 - COURTS TO WHICH APPEALS SHALL BE TAKEN › TRANSFERS OF CASES › Rule 751 - Transfer of Erroneously Filed Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-If an
					 appeal or other matter is taken to or brought in a court or magisterial
					 district which does not have jurisdiction of the appeal or other matter, the
					 court or district justice shall not quash such appeal or dismiss the matter,
					 but shall transfer the record thereof to the proper court of this Commonwealth,
					 where the appeal or other matter shall be treated as if originally filed in the
					 transferee court on the date first filed in a court or magisterial
					 district.
(b)
Transfers by
					 prothonotaries
.-An appeal or other matter may be transferred from a
					 court to another court under this rule by order of court or by order of the
					 prothonotary of any appellate court affected.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 7 - COURTS TO WHICH APPEALS SHALL BE TAKEN › TRANSFERS OF CASES › Rule 752 - Transfers Between Superior and Commonwealth Courts

Current through Register Vol. 54, No. 28, July 13, 2024
(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 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.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 901 - Scope of Chapter

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to all appeals from a trial court to
					 an appellate court except:
(1) An
				  appeal by allowance taken under
				  42 Pa.C.S. §
											724
				  (allowance of appeals from Superior and Commonwealth Courts).
See
Pa.R.A.P. 1112.
(2) An appeal by permission taken pursuant to
				  Pa.R.A.P. 1311.
(3) An appeal taken
				  by petition for specialized review pursuant to Chapter 16.
(4) Automatic review of sentences pursuant to
				  42 Pa.C.S. §
											9711(h) (review of death
				  sentence).
See
Pa.R.A.P. 1941.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 902 - Manner of Taking Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements
. An appeal permitted by law as of right from a
				  trial court to an appellate court shall be taken by filing a notice of appeal
				  with the clerk of the trial court within the time allowed by pa.r.a.p. 903
				  (time for appeal). a notice of appeal must be filed in each docket in which the
				  order has been entered.
(b)
Failure to Comply with Requirements
.
(1)
Generally
. Except as
				  provided in subdivision (b)(2), the failure of a party to comply with the
				  requirements stated in subdivision (a) does not affect the validity of the
				  appeal, but the appeal is subject to such action as the appellate court deems
				  appropriate. Such action may include, but is not limited to, remand of the
				  matter to the trial court so that the omitted procedural step may be
				  taken.
(2)
Exception
. The failure to file a notice of appeal within the
				  time allowed by Pa.R.A.P. 903 (time for appeal) renders an appeal
				  invalid.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 903 - Time for Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Except as otherwise prescribed by this rule, the
				  notice of appeal required by Rule 902 (manner of taking appeal) shall be filed
				  within 30 days after the entry of the order from which the appeal is
				  taken.
(b)
Cross
				  appeals.
Except as otherwise prescribed in subdivision (c) of this
				  rule, if a timely notice of appeal is filed by a party, any other party may
				  file a notice of appeal within 14 days of the date on which the first notice of
				  appeal was served, or within the time otherwise prescribed by this rule,
				  whichever period last expires.
(c)
Special provisions.
Notwithstanding any other provision of
				  this rule:
(1) An appeal from any of the
				  following orders shall be taken within ten days after the entry of the order
				  from which the appeal is taken:
(i) An order
				  changing venue or venire in a criminal proceeding. See Rule 311(a)(3) (change
				  of criminal venue or venire).
(ii)
				  An order in any matter arising under the Pennsylvania Election Code.
(iii) An order in any matter arising under
				  the Local Government Unit Debt Act or any similar statute relating to the
				  authorization of public debt.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 904 - Content of the Notice of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form.
Except as otherwise prescribed by this rule, the notice
				  of appeal shall be in substantially the following form:
COURT OF COMMON PLEAS OF COUNTY
Party A's full name, Plaintiff:
v.
Party B's full name, Defendant:
Docket or File No.
Offense Tracking Number
NOTICE OF APPEAL
Notice is hereby given that, defendant above named, hereby
					 appeals to the (Supreme) (Superior) (Commonwealth) Court of Pennsylvania from
					 the order entered in this matter on the ___ day____ of 20 __. This order has
					 been entered in the docket as evidenced by the attached copy of the docket
					 entry.
(S)_________________
_______________________
(Address and telephone number)
(b)
Caption
.
(1)
General Rule
. The
				  parties shall be stated in the caption as they appeared on the record of the
				  trial court at the time the appeal was taken.
(2)
Appeal of Custody
				  Action
. In an appeal of a custody action where the trial court has
				  used the full name of the parties in the caption, upon application of a party
				  and for cause shown, an appellate court may exercise its discretion to use the
				  initials of the parties in the caption based upon the sensitive nature of the
				  facts included in the case record and the best interest of the
				  child.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 905 - Filing of Notice of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing with clerk
.
(1) Two
				  copies of the notice of appeal, the order for transcript, if any, and the proof
				  of service required by Pa.R.A.P. 906, shall be filed with the clerk of the
				  trial court. If the appeal is to the Supreme Court, the jurisdictional
				  statement required by Pa.R.A.P. 909 shall also be filed with the clerk of the
				  trial court.
(2) If the appeal is a
				  children's fast track appeal, a concise statement of errors complained of on
				  appeal as described in Pa.R.A.P. 1925(a)(2) shall be filed with the notice of
				  appeal and served on the trial judge in accordance with Pa.R.A.P.
				  906(a)(2).
(3) Upon receipt of the
				  notice of appeal, the clerk shall immediately stamp it with the date of
				  receipt, and that date shall constitute the date when the appeal was taken,
				  which date shall be shown on the docket.
(4) If a notice of appeal is mistakenly filed
				  in an appellate court, or is otherwise filed in an incorrect office within the
				  unified judicial system, the clerk shall immediately stamp it with the date of
				  receipt and transmit it to the clerk of the court which entered the order
				  appealed from, and upon payment of an additional filing fee the notice of
				  appeal shall be deemed filed in the trial court on the date originally
				  filed.
(5) A notice of appeal filed
				  after the announcement of a determination but before the entry of an appealable
				  order shall be treated as filed after such entry and on the day
				  thereof.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 906 - Service of Notice of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Concurrently with the filing of the notice of
				  appeal under Pa.R.A.P. 905, the appellant shall serve copies thereof, and of
				  any request for transcript, and copies of a proof of service showing compliance
				  with this rule, upon:
(1) All parties to the
				  matter in the trial court including parties previously dismissed pursuant to an
				  interlocutory order unless;
(i) The
				  interlocutory order of dismissal was reviewed by an appellate court and
				  affirmed; or
(ii) the interlocutory
				  order of dismissal was made final under Pa.R.A.P. 341(c) and no party appealed
				  from that date;
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 907 - Docketing of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Docketing of appeal
.-Upon the receipt of the papers specified
				  in Pa.R.A.P. 905(b) (transmission to appellate court), the prothonotary of the
				  appellate court shall immediately enter the appeal upon the docket, note the
				  appellate docket number upon the notice of appeal, and give written notice of
				  the docket number assignment in person or by first class mail to the clerk of
				  the trial court, to the appellant, and to the persons named in the proof of
				  service accompanying the notice of appeal. Unless an appellate court exercises
				  its discretion, upon application of a party and for cause shown, to use the
				  initials of the parties in an appeal of a custody action, the prothonotary of
				  the appellate court shall docket an appeal under the caption given to the
				  matter in the trial court. The appellant shall be identified in the caption. If
				  the appellant is not identified in the caption of the trial court, the
				  appellant's name shall be added to the caption in the appellate
				  court.
(b)
Entry of
				  appearance
.-Upon the docketing of the appeal the prothonotary of the
				  appellate court shall note on the record: as counsel for the appellant, the
				  name of counsel, if any, set forth in or endorsed upon the notice of appeal;
				  counsel of record; and any counsel named in the proof of service. The
				  prothonotary of the appellate court shall upon
praecipe
of
				  counsel filed within 30 days after the docketing of the notice of appeal
				  correct the record of appearances. Also within 30 days after the docketing of
				  the notice of appeal, counsel for a party may strike off his or her appearance
				  by
praecipe
, unless that party is entitled by law to be
				  represented by counsel on appeal. Thereafter, and at any time if a party is
				  entitled by law to be represented by counsel on appeal, a counsel's appearance
				  for a party may not be withdrawn without leave of court, unless another lawyer
				  has entered or simultaneously enters an appearance for the party.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 908 - Parties on Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
All parties to the matter in the court from whose order the
					 appeal is being taken shall be deemed parties in the appellate court, unless
					 the appellant shall notify the prothonotary of the appellate court of the
					 belief of the appellant that one or more of the parties below have no interest
					 in the outcome of the appeal. A copy of such notice shall be served on all
					 parties to the matter in the lower court, and a party noted as no longer
					 interested may remain a party in the appellate court by filing a notice that he
					 has an interest in the appeal with the prothonotary of the appellate court. All
					 parties in the appellate court other than the appellant shall be appellees, but
					 appellees who support the position of the appellant shall meet the time
					 schedule for filing papers which is provided in these rules for the
					 appellant.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 909 - Appeals to the Supreme Court. Jurisdictional Statement. Sanctions. Number of Copies to be Filed

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Upon filing a notice of appeal to the Supreme
				  Court, the appellant shall file with the prothonotary or clerk of the trial
				  court an original and 8 copies of a jurisdictional statement. The statement
				  shall be in the form prescribed by Pa.R.A.P. 910(a) and (b). No statement need
				  be filed in cases arising under Pa.R.A.P. 1941 (Review of Death
				  Sentences).
(b)
Answer
.-Within 14 days after service of a jurisdictional
				  statement, an adverse party may file with the Prothonotary of the Supreme Court
				  an answer thereto in the form prescribed by Pa.R.A.P. 911. The answer shall be
				  deemed filed on the date of mailing if first class, express, or priority United
				  States Postal Service mail is utilized. No separate motion to dismiss a
				  jurisdictional statement will be received. A party entitled to file an answer
				  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 jurisdictional
				  statement will not be filed. The failure to file an answer will not be
				  construed as concurrence in the jurisdictional statement.
(c)
Action by the Supreme
				  Court
.-After consideration of the jurisdictional statement and the
				  brief in opposition thereto, if any, the Court will enter an appropriate order
				  which may include summary dismissal for lack of subject matter jurisdiction. If
				  the Supreme Court in its order notes probable jurisdiction or postpones
				  consideration of jurisdiction to the hearing on the merits, the Prothonotary of
				  the Supreme Court forthwith shall notify the court below and the attorneys of
				  record of the noting or postponement, and the case will then stand for briefing
				  and oral argument. In such case, the parties shall address the question of
				  jurisdiction at the outset of their briefs and oral arguments.
(d)
Sanctions
.-If the court
				  finds that the parties have not complied with Pa.R.A.P. 909-911, it may impose
				  appropriate sanctions including but not limited to dismissal of the action,
				  imposition of costs or disciplinary sanction upon the attorneys.
(e)
Number of copies to be
				  filed
.-To determine the number of copies to be filed, see Pa.R.A.P.
				  124(c) and its