reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1926 - Correction or Modification of the Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If any difference arises as to whether
					 the record truly discloses what occurred in the trial court, the difference
					 shall be submitted to and settled by that court after notice to the parties and
					 opportunity for objection, and the record made to conform to the
					 truth.
(b) If anything material to
					 a party is omitted from the record by error, breakdown in processes of the
					 court, or accident or is misstated therein, the omission or misstatement may be
					 corrected by the following means:
(1) by the
					 trial court or the appellate court upon application or on its own initiative at
					 any time; in the event of correction or modification by the trial court, that
					 court shall direct that a supplemental record be certified and transmitted if
					 necessary; or
(2) by the parties by
					 stipulation filed in the trial court, in which case, if the trial court clerk
					 has already certified the record, the parties shall file in the appellate court
					 a copy of any stipulation filed pursuant to this rule, and the trial court
					 clerk shall certify and transmit as a supplemental record the materials
					 described in the stipulation.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1931 - Transmission of the Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time for Transmission
.
(1)
General Rule
. Except as otherwise prescribed by this rule or
					 if an extension has been granted pursuant to Pa.R.A.P. 1925(b)(2), 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 Pa.R.A.P. 1122 or by Pa.R.A.P. 1322, as the case may be. The
					 appellate court may shorten or extend the time prescribed by this subparagraph
					 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
					 Pa.R.A.P. 1122 or by Pa.R.A.P. 1322, as the case may be.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1932 - Retention of Record in Lower Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Temporary retention
.-Notwithstanding the provisions of Rule
					 1931 (transmission of the record), on praecipe of a party the clerk of the
					 lower court shall temporarily retain the record for use by the parties in
					 preparing appellate papers. In that event, the clerk of the lower court shall
					 nevertheless cause the record to be filed within the time fixed or allowed for
					 transmission of the record by transmitting to the prothonotary of the appellate
					 court a partial record in the form of a copy of the docket entries, accompanied
					 by a certificate, reciting that the record, including the transcript or parts
					 thereof designated for inclusion and all necessary exhibits, is complete for
					 purposes of the appeal. The filing of a partial record under this rule shall
					 constitute the filing of the record for the purposes of Rule 2185 (time for
					 serving and filing briefs) and Rule 2186 (time for serving and filing
					 reproduced record). Upon receipt of the brief of the appellee, or at such
					 earlier time as the parties may agree or the court may order, the appellant
					 shall request the clerk of the lower court to transmit the record.
(b)
Retention by order of
					 court.
(1) The appellate court may
					 provide by order that a certified copy of the docket entries shall be
					 transmitted in lieu of the entire record, subject to the right of any party to
					 request at any time during the pendency of the appeal that designated parts of
					 the record be transmitted.
(2) If
					 the record or any part thereof is required in the lower court for use there
					 pending the appeal, the lower court may make an order to that effect, and the
					 clerk of the lower court shall retain the record or parts thereof subject to
					 the request of the appellate court, and shall transmit a copy of the order and
					 of the docket entries together with such parts of the original record as the
					 lower court shall allow and copies of such parts as the parties may
					 designate.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1933 - Record for Preliminary Hearing in Appellate Court

Current through Register Vol. 54, No. 28, July 13, 2024
If prior to the time the record is transmitted a party
						desires to make in the appellate court a motion for dismissal, an application
						for release, for a stay pending appeal, for modification of security on appeal,
						or for any intermediate order, the clerk of the lower court at the request of
						the party shall transmit to the appellate court such parts of the original
						record as any party shall designate.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1934 - Filing of the Record

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of the record (or of papers authorized to be
						filed in lieu of the record under the provisions of these rules) by the
						prothonotary of the appellate court after the appeal has been docketed, the
						prothonotary shall file the record in the appellate court. The prothonotary of
						the appellate court shall immediately give notice to all parties and the
						Administrative Office of the date on which the record was filed and shall give
						notice to all parties of the date, if any, specially fixed by the prothonotary
						pursuant to Rule 2185(b) (notice of deferred briefing schedule) for the filing
						of the brief of the appellant.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1935 - Notices and Reports Concerning Delinquent Transmission of Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice to trial court
					 judge
.-The prothonotary of the appropriate appellate court, within ten
					 days after the date for filing the record in that court under Rule 1931, shall
					 give written notice to the trial court judge of any delinquency in the
					 transmission of the record. A copy of this notice shall also be forwarded to
					 the president judge of the judicial district.
(b)
Report to Supreme
					 Court
.-If the record is further delayed and satisfactory explanation
					 of the delay is not given, the appellate court prothonotary shall inform the
					 Administrative Office, and where appropriate, the Court Administrator shall
					 report any such case of neglect or refusal to comply with this chapter to the
					 Supreme Court, which may consider and act on the matter as provided by Rule
					 506(b) of the Rules of Judicial Administration.
The provisions of this Rule 1935 issued under Article
						  V, section 10, of the Constitution of
						  Pennsylvania.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › REVIEW OF DEATH SENTENCES › Rule 1941 - Review of Sufficiency of the Evidence and the Propriety of the Penalty in Death Penalty Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Procedure in trial court.
-Upon the entry of a sentence subject
					 to
					 42 Pa.C.S. §
												9711(h) (review of death
					 sentence) the court shall direct the official court reporter and the clerk to
					 proceed under this chapter as if a notice of appeal had been filed 20 days
					 after the date of entry of the sentence of death, and the clerk shall
					 immediately give written notice of the entry of the sentence to the Supreme
					 Court Prothonotary's Office. The clerk shall insert at the head of the list of
					 documents required by Pa.R.A.P. 1931(c) a statement to the effect that the
					 papers are transmitted under this rule from a sentence of death.
(b)
Filing and docketing in the
					 Supreme Court.
-Upon receipt by the Prothonotary of the Supreme Court
					 of the record of a matter subject to this rule, the Prothonotary shall
					 immediately:
1. Enter the matter upon the
					 docket as an appeal, with the defendant indicated as the appellant and the
					 Commonwealth indicated as the appellee.
2. File the record in the Supreme
					 Court.
3. Give written notice of
					 the docket number assignment in person or by first class mail to the clerk of
					 the trial court.
4. Give notice to
					 all parties of the docket number assignment and the date on which the record
					 was filed in the Supreme Court, and give notice to all parties of the date, if
					 any, specially fixed by the Prothonotary pursuant to Pa.R.A.P. 2185(b) for the
					 filing of the brief of the appellant.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON PETITION FOR REVIEW OF ORDERS OF GOVERNMENT UNITS OTHER THAN COURTS › Rule 1951 - Record Below in Proceedings on Petition for Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Composition of the
					 record
.-Where under the applicable law the questions raised by a
					 petition for review may be determined by the court in whole or in part upon the
					 record before the government unit, such record shall consist of:
(1) The order or other determination of the
					 government unit sought to be reviewed.
(2) The findings or report on which such
					 order or other determination is based.
(3) The pleadings, evidence and proceedings
					 before the government unit.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › DISPOSITION WITHOUT REACHING THE MERITS › Rule 1972 - Dispositions on Motion

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Except as otherwise prescribed by this rule, subject to Pa.R.A.P. 123, any
					 party may move:
(1) To transfer the record of
					 the matter to another court because the matter should have been commenced in,
					 or the appeal should have been taken to, such other court.
See
Pa.R.A.P. 741.
(2) To transfer to
					 another appellate court under Pa.R.A.P. 752.
(3) To dismiss for want of jurisdiction in
					 the unified judicial system of this Commonwealth.
(4) To dismiss for mootness.
(5) To dismiss for failure to preserve the
					 question below, or because the right to an appeal has been otherwise waived.
See
Pa.R.A.P. 302 and Pa.R.A.P. 1551(a).
(6) To continue generally or to quash because
					 the appellant is a fugitive.
(7) To
					 quash for any other reason appearing on the record.
Any two or more of the grounds specified in this rule may
						be joined in the same motion. Unless otherwise ordered by the appellate court,
						a motion under this rule shall not relieve any party of the duty of filing his
						or her briefs and reproduced records within the time otherwise prescribed
						therefor. The court may grant or refuse the motion, in whole or in part; may
						postpone consideration thereof until argument of the case on the merits; or may
						make such other order as justice may require.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › DISPOSITION WITHOUT REACHING THE MERITS › Rule 1973 - Discontinuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule
.-An appellant may discontinue an appeal or other matter as to all
					 appellees as a matter of course until 14 days after the date on which the
					 appellee's principal brief is due, or thereafter by leave of court upon
					 application. A discontinuance may not be entered by appellant as to less than
					 all appellees except by stipulation for discontinuance signed by all the
					 parties, or by leave of court upon application. Discontinuance by one appellant
					 shall not affect the right of any other appellant to continue the
					 appeal.
(b)
Filing of
					 discontinuance
.-If an appeal has not been docketed, the appeal may be
					 discontinued in the lower court. Otherwise all papers relating to the
					 discontinuance shall be filed in the appellate court and the appellate
					 prothonotary shall give written notice of the discontinuance in person or by
					 first class mail to the prothonotary or clerk of the lower court or to the
					 clerk of the government unit, to the persons named in the proof of service
					 accompanying the appeal or other matter and to the Administrative Office. If an
					 appeal has been docketed in the appellate court, the prothonotary or clerk of
					 the lower court or the clerk of the government unit shall not accept a
praecipe
to discontinue the action until it has received
					 notice from the appellate court prothonotary or certification of counsel that
					 all pending appeals in the action have been discontinued.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › IN GENERAL › Rule 2101 - Conformance with Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Briefs and reproduced records shall conform in all
						material respects with the requirements of these rules as nearly as the
						circumstances of the particular case will admit, otherwise they may be
						suppressed, and, if the defects are in the brief or reproduced record of the
						appellant and are substantial, the appeal or other matter may be quashed or
						dismissed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › IN GENERAL › Rule 2102 - Intervenors

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of briefing and argument, intervenors shall
						be subject to those provisions of these rules applicable to the party on whose
						side the intervenor is principally aligned. An intervenor may adopt by
						reference any part of the brief of another party.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2111 - Brief of Appellant

Current through Register Vol. 54, No. 28, July 13, 2024
(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
					 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 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).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2112 - Brief of the Appellee

Current through Register Vol. 54, No. 28, July 13, 2024
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).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2113 - Reply Brief

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-In accordance with 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
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 Pa.R.A.P.
					 2134 (drafts or plans).
(c)
Other briefs
.-No further briefs may be filed except with leave
					 of court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2114 - Statement of Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
The statement of jurisdiction shall contain a precise
						citation to the statutory provision, general rule or other authority believed
						to confer on the appellate court jurisdiction to review the order or other
						determination in question.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2115 - Order or Other Determination in Question

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule
.-The text
					 of the order or other determination from which an appeal has been taken or
					 which is otherwise sought to be reviewed shall be set forth verbatim
					 immediately following the statement of jurisdiction. See Rule 2111(b) (opinion
					 below), however, for the placement of the text of any related
					 opinions.
(b)
Failure to
					 act
.-If the matter relates to the failure of the trial court or other
					 government unit to act, a statement of that fact and a brief citation of the
					 statute or other authority under which it is claimed such action is required,
					 will be sufficient.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2116 - Statement of Questions Involved

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The
					 statement of the questions involved must state concisely the issues to be
					 resolved, expressed in the terms and circumstances of the case but without
					 unnecessary detail. The statement will be deemed to include every subsidiary
					 question fairly comprised therein. No question will be considered unless it is
					 stated in the statement of questions involved or is fairly suggested thereby.
					 Each question shall be followed by an answer stating simply whether the court
					 or government unit agreed, disagreed, did not answer, or did not address the
					 question. If a qualified answer was given to the question, appellant shall
					 indicate the nature of the qualification, or if the question was not answered
					 or addressed and the record shows the reason for such failure, the reason shall
					 be stated briefly in each instance without quoting the court or government unit
					 below.
(b)
Discretionary
					 aspects of sentence
. An appellant who challenges the discretionary
					 aspects of a sentence in a criminal matter shall include any questions relating
					 to the discretionary aspects of the sentence imposed (but not the issue whether
					 the appellate court should exercise its discretion to reach such question) in
					 the statement required by paragraph (a). Failure to comply with this paragraph
					 shall constitute a waiver of all issues relating to the discretionary aspects
					 of sentence.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2117 - Statement of the Case

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The statement of the case shall contain, in the
					 following order:
(1) A statement of the form
					 of action, followed by a brief procedural history of the case.
(2) A brief statement of any prior
					 determination of any court or other government unit in the same case or estate,
					 and a reference to the place where it is reported, if any.
(3) The names of the judges or other
					 officials whose determinations are to be reviewed.
(4) A closely condensed chronological
					 statement, in narrative form, of all the facts which are necessary to be known
					 in order to determine the points in controversy, with an appropriate reference
					 in each instance to the place in the record where the evidence substantiating
					 the fact relied on may be found. See Rule 2132 (references in briefs to the
					 record).
(5) A brief statement of
					 the order or other determination under review.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2118 - Summary of Argument

Current through Register Vol. 54, No. 28, July 13, 2024
The summary of argument shall be a concise, but accurate,
						summary of the arguments presented in support of the issues in the statement of
						questions involved.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2119 - Argument

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule
.-The argument shall be divided into as many parts as there are
					 questions to be argued; and shall have at the head of each part-in distinctive
					 type or in type distinctively displayed-the particular point treated therein,
					 followed by such discussion and citation of authorities as are deemed
					 pertinent.
(b)
Citations of
					 authorities
.-Citations of authorities in briefs shall be in accordance
					 with Pa.R.A.P. 126 governing citations of authorities.
(c)
Reference to record
.-If
					 reference is made to the pleadings, evidence, charge, opinion or order, or any
					 other matter appearing in the record, the argument must set forth, in immediate
					 connection therewith, or in a footnote thereto, a reference to the place in the
					 record where the matter referred to appears (
see
Pa.R.A.P.
					 2132).
(d)
Synopsis of
					 evidence
.-When the finding of, or the refusal to find, a fact is
					 argued, the argument must contain a synopsis of all the evidence on the point,
					 with a reference to the place in the record where the evidence may be
					 found.
(e)
Statement of
					 place of raising or preservation of issues
.-Where under the applicable
					 law an issue is not reviewable on appeal unless raised or preserved below, the
					 argument must set forth, in immediate connection therewith or in a footnote
					 thereto, either a specific cross-reference to the page or pages of the
					 statement of the case which set forth the information relating thereto as
					 required by Pa.R.A.P. 2117(c), or substantially the same information.
(f)
Discretionary aspects of
					 sentence
.-An appellant who challenges the discretionary aspects of a
					 sentence in a criminal matter shall set forth in a separate section of the
					 brief a concise statement of the reasons relied upon for allowance of appeal
					 with respect to the discretionary aspects of a sentence. The statement shall
					 immediately precede the argument on the merits with respect to the
					 discretionary aspects of the sentence.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2131 - References in Briefs to Parties

Current through Register Vol. 54, No. 28, July 13, 2024
Counsel will be expected in their briefs and oral
						arguments to keep to a minimum references to parties by such designations as
						"appellant" and "appellee". It promotes clarity to use the designations used in
						the court or other government unit below, or the actual names of the parties,
						or descriptive terms such as "the employe," "the injured person," "the
						taxpayer," "the electric company," "the bank," etc.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2132 - References in Briefs to the Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-References in the briefs to parts of the record
					 appearing in a reproduced record filed with the brief of the appellant (see
					 Rule 2154(b) (large records)) shall be to the pages in the reproduced record
					 where those parts appear, e.g.: "(R. 26a)." If the record is reproduced after
					 the briefs are served in advance typewritten or page proof form (see Rule
					 2185(c) (definitive copies)), the brief may also contain references to the
					 pages of the parts of the original record, e.g.: "(Tr. 279-280; R.
					 26a-27a)".
(b)
References
					 to unreproduced record
.-If references are made in the briefs to parts
					 of the original record not reproduced, the references shall be to the parts of
					 the record involved, e.g., "(Answer p. 7)," "(Motion for Summary Judgment p.
					 2)," "(Transcript p. 279-280)," "(Notes of Testimony p. 24-26)." Where the
					 court or other government unit below has numbered the original record for
					 purposes of certification to the appellate court, the references shall be to
					 such certified record pages, e.g. "(Certified Record pp. 26-27)." Intelligible
					 abbreviations may be used. Any relevant reference in the briefs to unreproduced
					 pleadings, evidence, rulings or charge shall be directly quoted, with the page
					 reference to the original record.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2133 - Citations in Opinions Below

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever an opinion or other determination of the court
						or other government unit below, required to be reproduced under these rules,
						refers to and relies upon some other published opinion or other determination,
						the place of publication of which is not stated, the brief of appellant shall
						set forth the place of publication thereof and of any dissenting opinion in the
						cited case; if not published, either party may reproduce a copy thereof, giving
						the name of the judge or other official who rendered the opinion or other
						determination and the date of its filing.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2134 - Drafts or Plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-All maps, plans and drawings used on appeal must
					 conform to the provisions of this rule.
(b)
From the record
.-When on
					 the trial or hearing in the court or other government unit below, there is
					 offered in evidence a draft or plan, which would be of assistance to the
					 appellate court to enable it to understand readily the dispute between the
					 parties, a copy thereof shall be attached to the brief of the appellant, or
					 filed therewith, folded the same size as the brief.
(c)
Prepared specially for
					 argument
.-If a draft or plan is not contained in the record, but would
					 be of assistance to the appellate court as prescribed in Subdivision (a) of
					 this rule, a simple draft, plan or sketch, made by or for the appellant, folded
					 to the same size as the brief, shall be attached to or filed with the brief of
					 the appellant, marked so as to show it was not part of the record. Under like
					 circumstances, the appellee may prepare and attach to or file with the brief
					 for the appellee a draft, plan or sketch made by or for the appellee. Either
					 party may point out, in his brief or reply brief, wherein he considers the one
					 presented by his adversary not to be correct.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2135 - Length of Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Unless otherwise ordered by an appellate court:
(1) A principal brief shall not exceed 14,000
					 words and a reply brief shall not exceed 7,000 words, except as stated in
					 subparagraphs (a)(2)-(4). A party shall file a certificate of compliance with
					 the word count limit if the principal brief is longer than 30 pages or the
					 reply brief is longer than 15 pages when prepared on a word processor or
					 typewriter.
(2) In cross appeals
					 under Pa.R.A.P. 2136, the first brief of the deemed or designated appellee and
					 the second brief of the deemed or designated appellant shall not exceed 16,500
					 words. A party shall file a certificate of compliance if the brief is longer
					 than 35 pages when produced on a word processor or typewriter.
(3) In capital direct appeals, the principal
					 brief shall not exceed 17,500 words and a reply brief shall not exceed 8,500
					 words. A party shall file a certificate of compliance if the principal brief is
					 longer than 38 pages or the reply brief is longer than 19 pages when prepared
					 on a word processor or typewriter.
(4) In the first Capital Post-Conviction
					 Relief Act appeal, the principal brief shall not exceed 22,500 words and a
					 reply brief shall not exceed 11,250 words. A party shall file a certificate of
					 compliance if the principal brief is longer than 49 pages or the reply brief is
					 longer than 24 pages when prepared on a word processor or typewriter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2136 - Briefs in Cases Involving Cross Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Designation of parties in cross
					 appeals.
If a cross appeal is filed, the plaintiff or moving party in
					 the court or other government unit below shall be deemed the appellant for the
					 purposes of this chapter and Chapter 23 (sessions and argument), unless the
					 parties otherwise agree or the appellate court otherwise orders. Where the
					 identity of the appellant for the purposes of this chapter and Chapter 23 is
					 not readily apparent, the prothonotary of the appellate court shall designate
					 the appellant for the purposes of those two chapters when giving notice under
					 Rule 1934 (filing of the record).
(b)
Order of briefs.
The
					 deemed or designated appellant shall file its principal brief on the merits of
					 its appeal in accordance with the briefing schedule. The deemed or designated
					 appellee shall then file a brief that addresses (i) the arguments advanced in
					 the appellant's brief and (ii) the merits of the cross appeal. Thereafter, the
					 appellant shall file its second brief, which shall (i) reply to issues raised
					 in the appellee's brief and not previously addressed in appellant's principal
					 brief and (ii) respond to the issues raised by appellee regarding the cross
					 appeal. The appellee may then file a reply brief limited to issues raised by
					 the appellant that were not previously addressed by the appellee in its
					 principal brief on the merits of the cross appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2137 - Briefs in Cases Involving Multiple Appellants or Appellees

Current through Register Vol. 54, No. 28, July 13, 2024
In cases involving more than one appellant or appellee,
						including cases consolidated for purposes of the appeal pursuant to Rule 513
						(consolidation of multiple appeals), any number of either may join in a single
						brief, and any appellant or appellee may adopt by reference any part of the
						brief of another. Parties may similarly join in reply briefs.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2138 - Briefs in Cases Involving Appeals from Multiple Orders

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals from multiple sentences imposed on a defendant
						arising out of a single criminal transaction or episode and tried together, and
						multiple orders affecting an appellant entered substantially concurrently in
						civil matters consolidated for trial, shall be treated as a single matter for
						purposes of briefing and argument on appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2139 - Briefs on Appeals from the Superior or Commonwealth Courts

Current through Register Vol. 54, No. 28, July 13, 2024
On appeals from the Superior Court or the Commonwealth
						Court, appellants may prepare new briefs in the Supreme Court according to
						these rules, setting forth also the order allowing the appeal, or may utilize
						the briefs, if available, used in the appellate court below (changing the
						cover, however), and adding thereto the order allowing the appeal, the opinion
						and dissenting opinions, if any, of the appellate court below (if reported,
						stating where) and such additional argument as may be desired. Appellee may
						also prepare a new brief, or may utilize the one used in the appellate court
						below, if available, with such additional argument as may be desired.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF BRIEFS › Rule 2140 - Brief on Remand or Following Grant of Reargument or Reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
Following remand, or if rearguement, reconsideration, or
						rehearing is granted, the court shall establish a schedule for further
						proceedings. If the court does not require further briefing, it shall notify
						the parties. If further briefing is required, the court shall issue a briefing
						schedule that includes the order in which briefs shall be submitted, the type
						and length of brief to be submitted, whether a reproduced record is needed, and
						the number of copies to be filed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF REPRODUCED RECORD › Rule 2151 - Consideration of Matters on the Original Record without the Necessity of Reproduction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-An appellate court may by rule of court
					 applicable to all cases, or to classes of cases, or by order in specific cases
					 under Subdivision (d) of this rule, dispense with the requirement of a
					 reproduced record and permit appeals and other matters to be heard on the
					 original record, with such copies of the record, or relevant parts thereof, as
					 the court may require.
(b)
In forma pauperis
.-If leave to proceed in forma pauperis has
					 been granted to a party, such party shall not be required to reproduce the
					 record.
(c)
Original
					 hearing cases
.-When under the applicable law the questions presented
					 may be determined in whole or in part upon the record made before the appellate
					 court, a party shall not be required to reproduce the record.
(d)
On application to the
					 court
.-Any appellant may within 14 days after taking an appeal file an
					 application to be excused from reproducing the record for the reason that the
					 cost thereof is out of proportion to the amount involved, or for any other
					 sufficient reason. Ordinarily leave to omit reproduction of the record will not
					 be granted in any case where the amount collaterally involved in the appeal is
					 not out of proportion to the reproduction costs.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF REPRODUCED RECORD › Rule 2152 - Content and Effect of Reproduced Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The
					 reproduced record shall contain the following:
(1) The relevant docket entries and any
					 relevant related matter (
see
Pa.R.A.P. 2153 (docket entries
					 and related matter)).
(2) Any
					 relevant portions of the pleadings, charge or findings (
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.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF REPRODUCED RECORD › Rule 2153 - Docket Entries and Related Matter

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The relevant docket entries of the court or
					 other tribunal below shall be set forth chronologically, in a single column,
					 and shall consist of such parts of the docket entries as are necessary to
					 indicate briefly but clearly:
(1) The
					 character of the proceedings.
(2)
					 The pleadings or papers upon which the case was tried or heard.
(3) The trial or hearing.
(4) The order or other determination to be
					 reviewed.
(5) All later proceedings
					 appertaining to any of them.
(6)
					 All other matters referred to in the statement of questions involved or in the
					 argument.
The docket entries of the court or other tribunal below,
						so far as they amplify or do not relate to such matters, shall not be
						reproduced; but the appellee may call attention, at the beginning of his
						counter-statement of the case, to any omissions which he may deem
						important.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF REPRODUCED RECORD › Rule 2155 - Allocation of Cost of Reproduced Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Unless the
					 parties otherwise agree the cost of reproducing the record shall initially be
					 paid by the appellant, but if the appellant considers that parts of the record
					 designated by the appellee for inclusion are unnecessary for a determination of
					 the issues presented the appellant may so advise the appellee and the appellee
					 shall advance the cost of including such parts. If the appellee fails to
					 advance such costs within ten days after written demand therefor, the appellant
					 may proceed without reproduction of the parts of the record designated by
					 appellee which the appellant considered to be unnecessary.
(b)
Allocation by court
.-The
					 cost of reproducing the record shall be taxed as costs in the case pursuant to
					 Chapter 27 (fees and costs in appellate courts and on appeal), but if either
					 party shall cause material to be included in the reproduced record
					 unnecessarily, the appellate court may on application filed within ten days
					 after the last brief is filed, in its order disposing of the appeal impose the
					 cost of reproducing such parts on the designating party.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › CONTENT OF REPRODUCED RECORD › Rule 2156 - Supplemental Reproduced Record

Current through Register Vol. 54, No. 28, July 13, 2024
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
						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
Case Records Public
						Access Policy of the Unified Judicial System of Pennsylvania
, shall
						appear in the reproduced record in the same manner and format as they do in the
						original record.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FORM OF BRIEFS AND REPRODUCED RECORD › Rule 2171 - Method of Reproduction

Current through Register Vol. 54, No. 28, July 13, 2024
(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 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
Case Records Public
					 Access Policy of the Unified Judicial System of Pennsylvania
("Public
					 Access Policy"), in any pleadings, documents, or legal papers originally filed
					 after the effective date of the Public Access Policy.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FORM OF BRIEFS AND REPRODUCED RECORD › Rule 2172 - Covers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Briefs
					 and Petitions for Allowance of or Permission to Appeal
.-On the front
					 cover of the brief there shall appear the following:
(1) the name of the appellate court in which
					 the matter is to be heard;
(2) the
					 docket number of the case in the appellate court;
(3) the caption of the case in the appellate
					 court, as prescribed by these rules;
(4) title of the filing, such as "Brief for
					 Appellant" or "Brief for Respondent." If the reproduced record is bound with
					 the brief, the title shall so indicate, for example, "Brief for Appellant and
					 Reproduced Record," or "Brief for Appellee and Supplemental Reproduced Record,"
					 such as the case may be;
(5)
					 designation of the order appealed from such as "Appeal from the Order of" the
					 court from which the appeal is taken, with the docket number therein. On
					 appeals from the Superior Court or the Commonwealth Court its docket number
					 shall be given, followed by a statement as to whether it affirmed, reversed or
					 modified the order of the court or tribunal of first instance, giving also the
					 name of the latter and the docket number, if any, of the case
					 therein;
(6) the names of counsel,
					 giving the office address and telephone number of the one upon whom it is
					 desired notices shall be served.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FORM OF BRIEFS AND REPRODUCED RECORD › Rule 2173 - Numbering of Pages

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in Rule 2174 (tables of contents and
						citations), the pages of briefs, the reproduced record and any supplemental
						reproduced record shall be numbered separately in Arabic figures and not in
						Roman numerals: thus 1, 2, 3,
etc.
, followed in the reproduced
						record by a small a, thus 1a, 2a, 3a,
etc.
, and followed in
						any supplemental reproduced record by a small b, thus 1b, 2b, 3b,
etc.
Where the reproduced record is bound in more than one
						volume, there shall be one continuous paging, regardless of the division into
						volumes.