reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 910 - Jurisdictional Statement. Content. Form

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The
				  jurisdictional statement required by Pa.R.A.P. 909 shall contain the following
				  in the order set forth:
(1) A reference to
				  the official and unofficial reports of the opinions delivered in the courts
				  below, if any, and if reported, the citation thereto. Any unreported opinions
				  shall be appended to the jurisdictional statement;
(2) A statement of the basis, either by Act
				  of Assembly or general rule, for the jurisdiction of the Supreme Court or the
				  cases believed to sustain that jurisdiction;
(3) The text of the order in question, or the
				  portions thereof sought to be reviewed, and the date of its entry in the court.
				  The order may be appended to the statement;
(4) A concise statement of the procedural
				  history of the case; and
(5) The
				  questions presented for review, expressed in the terms and the circumstances of
				  the case but without unnecessary detail. The statement of questions presented
				  will be deemed to include every subsidiary question fairly comprised therein.
				  Only the questions set forth in the statement, or fairly comprised therein will
				  ordinarily be considered by the Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 9 - APPEALS FROM LOWER COURTS › Rule 911 - Answer to Jurisdictional Statement. Content. Form

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-An answer
				  to a jurisdictional statement shall set forth any procedural, substantive, or
				  other argument or ground why the order appealed from is not reviewable as of
				  right and why the Supreme Court should not grant an appeal by allowance. The
				  answer need not be set forth in numbered paragraphs in the manner of a pleading
				  and shall not exceed 1000 words.
(b)
Certificate of
				  compliance
.
(1)
Word
				  count
.-An answer to a jurisdictional statement that does not exceed
				  five pages when produced on a word processor or typewriter shall be deemed to
				  meet the requirements of paragraph (a) of this rule. In all other cases, the
				  attorney or the unrepresented filing party shall include a certification that
				  the answer complies with the word count limits. The certificate may be based on
				  the word count of the word processing system used to prepare the
				  answer.
(2)
Case Records
				  Public Access Policy of the Unified Judicial System of Pennsylvania
.-An answer to a jurisdictional statement 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 II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › Rule 1101 - Appeals as of Right from the Commonwealth Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope of rule.
This rule
					 applies to any appeal to the Supreme Court from an order of the Commonwealth
					 Court entered in:
(1) Any matter which was
					 originally commenced in the Commonwealth Court and which does not constitute an
					 appeal to the Commonwealth Court from another court, a district justice or
					 another government unit.
(2) Any
					 appeal from a decision of the Board of Finance and Revenue.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › Rule 1102 - Improvident Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
If an appeal is improvidently taken to the Supreme Court
						under Rule 1101 (appeals as of right from the Commonwealth Court) in a case
						where the proper mode of review is by petition for allowance of appeal under
						this chapter, this alone shall not be a ground for dismissal, but the papers
						whereon the appeal was taken shall be regarded and acted on as a petition for
						allowance of appeal and as if duly filed in the Supreme Court at the time the
						appeal was taken.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › Rule 1103 - Improvident Petitions for Allowance of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
If a petition for allowance of appeal is improvidently
						filed in the Supreme Court under Rule 1112 (appeals by allowance) in a case
						where the proper mode of review is by appeal under Rule 1101 (appeals as of
						right from the Commonwealth Court), this alone shall not be a ground for
						dismissal, but the petition for allowance of appeal shall be regarded as a
						notice of appeal and as if duly filed in the Commonwealth Court at the time the
						petition for allowance of appeal was filed in the Supreme
						Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › PETITION FOR ALLOWANCE OF APPEAL › Rule 1111 - Form of Documents. Number of Copies to be Filed

Current through Register Vol. 54, No. 28, July 13, 2024
All documents filed under this chapter, other than under
						Pa.R.A.P. 1101 (appeals as of right from the Commonwealth Court), shall be
						prepared in the manner provided by Pa.R.A.P. 2171 (method of reproduction)
						through Pa.R.A.P. 2174 (tables of contents and citations). To determine the
						number of copies to be filed, see Pa.R.A.P. 124(c) and its Official
						Note.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › PETITION FOR ALLOWANCE OF APPEAL › Rule 1113 - Time for Petitioning for Allowance of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Except as
					 otherwise prescribed by this rule, a petition for allowance of appeal shall be
					 filed with the Prothonotary of the Supreme Court within 30 days after the entry
					 of the order of the Superior Court or the Commonwealth Court sought to be
					 reviewed.
(1) If a timely application for
					 reargument is filed in the Superior Court or Commonwealth Court by any party,
					 the time for filing a petition for allowance of appeal for all parties shall
					 run from the entry of the order denying reargument or from the entry of the
					 decision on reargument, whether or not that decision amounts to a reaffirmation
					 of the prior decision.
(2) Unless
					 the Superior Court or the Commonwealth Court acts on the application for
					 reargument within 60 days after it is filed, the court shall no longer consider
					 the application, it shall be deemed to have been denied, and the prothonotary
					 of the appellate court shall forthwith enter an order denying the application
					 and shall immediately give notice of entry of the order denying the application
					 to each party who has appeared in the appellate court. A petition for allowance
					 of appeal filed before the disposition of such an application for reargument
					 shall have no effect. A new petition for allowance of appeal must be filed
					 within the prescribed time measured from the entry of the order denying or
					 otherwise disposing of such an application for reargument.
(3) In a children's fast track appeal, unless
					 the Superior Court acts on the application for reargument within 45 days after
					 it is filed, the court shall no longer consider the application, it shall be
					 deemed to have been denied, and the Prothonotary of the Superior Court shall
					 forthwith enter an order denying the application and shall immediately give
					 notice of entry of the order denying the application to each party who has
					 appeared in the appellate court. A petition for allowance of appeal filed
					 before the disposition of such an application for reargument shall have no
					 effect. A new petition for allowance of appeal must be filed within the
					 prescribed time measured from the entry of the order denying or otherwise
					 disposing of such an application for reargument.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › PETITION FOR ALLOWANCE OF APPEAL › Rule 1114 - Standards Governing Allowance of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
Except as
					 prescribed in Pa.R.A.P. 1101 (appeals as of right from the Commonwealth Court),
					 review of a final order of the Superior Court or the Commonwealth Court is not
					 a matter of right, but of sound judicial discretion, and an appeal will be
					 allowed only when there are special and important reasons therefor.
(b)
Standards.
A petition
					 for allowance of appeal may be granted for any of the following reasons:
(1) the holding of the intermediate appellate
					 court conflicts with another intermediate appellate court opinion;
(2) the holding of the intermediate appellate
					 court conflicts with a holding of the Pennsylvania Supreme Court or the United
					 States Supreme Court on the same legal question;
(3) the question presented is one of first
					 impression;
(4) the question
					 presented is one of such substantial public importance as to require prompt and
					 definitive resolution by the Pennsylvania Supreme Court;
(5) the issue involves the constitutionality
					 of a statute of the Commonwealth;
(6) the intermediate appellate court has so
					 far departed from accepted judicial practices or so abused its discretion as to
					 call for the exercise of the Pennsylvania Supreme Court's supervisory
					 authority; or
(7) the intermediate
					 appellate court has erroneously entered an order quashing or dismissing an
					 appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › PETITION FOR ALLOWANCE OF APPEAL › Rule 1116 - Answer to the Petition for Allowance of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Except as
					 otherwise prescribed by this rule, within 14 days after service of a petition
					 for allowance of appeal an adverse party may file an answer. The answer shall
					 be deemed filed on the date of mailing if first class, express, or priority
					 United States Postal Service mail is utilized. The answer need not be set forth
					 in numbered paragraphs in the manner of a pleading, shall set forth any
					 procedural, substantive or other argument or ground why the order involved
					 should not be reviewed by the Supreme Court, and shall comply with Pa.R.A.P.
					 1115(a)(8). No separate motion to dismiss a petition for allowance of appeal
					 will be received. A party entitled to file an answer under this rule who does
					 not intend to do so shall, within the time fixed by these rules for filing an
					 answer, file a letter stating that an answer to the petition for allowance of
					 appeal will not be filed. The failure to file an answer will not be construed
					 as concurrence in the request for allowance of appeal.
(b)
Children's fast track
					 appeals
.-In a children's fast track appeal, within 10 days after
					 service of a petition for allowance of appeal, an adverse party may file an
					 answer.
(c)
Length
.-An answer to a petition for allowance of appeal shall
					 not exceed 9,000 words. An answer that does not exceed 20 pages when produced
					 by a word processor or typewriter shall be deemed to meet the 9,000 word limit.
					 In all other cases, the attorney or the unrepresented filing party shall
					 include a certification that the answer complies with the word count limit. The
					 certificate may be based on the word count of the word processing system used
					 to prepare the answer.
(d)
Supplementary matter
.-The cover of the answer, pages
					 containing the table of contents, table of citations, proof of service,
					 signature block, and anything appended to the answer shall not count against
					 the word count limitations of this rule.
(e)
Certificate of compliance with
					 Case Records Public Access Policy of the Unified Judicial System of
					 Pennsylvania
.-An answer to a petition for allowance of appeal 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 II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › PETITION FOR ALLOWANCE OF APPEAL › Rule 1121 - Transmission of Papers to and Action by the Court

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of the answer to the petition for allowance
						of appeal, or a letter stating that no answer will be filed, from each party
						entitled to file such, the petition and the answer, if any, shall be
						distributed by the Prothonotary to the Supreme Court for its consideration. An
						appeal may be allowed limited to one or more of the questions presented in the
						petition, in which case the order allowing the appeal shall specify the
						question or questions which will be considered by the Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › PETITION FOR ALLOWANCE OF APPEAL › Rule 1122 - Allowance of Appeal and Transmission of Record

Current through Register Vol. 54, No. 28, July 13, 2024
If an appeal is allowed the Prothonotary of the Supreme
						Court shall immediately give written notice in person or by first class mail of
						the entry of the order allowing the appeal to the prothonotary of the appellate
						court below and to each party who has appeared in the Supreme Court. The notice
						shall specify the question or questions which will be considered by the Supreme
						Court, if an appeal has been allowed as to less than all questions presented.
						The prothonotary of the appellate court below shall docket the notice in the
						same manner as a notice of appeal, and shall forthwith transmit the record to
						the Prothonotary of the Supreme Court, but for the purpose of computing time
						under these rules the record shall be deemed filed in the Supreme Court on the
						date of entry of the order allowing the appeal. A notice of appeal need not be
						filed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 11 - APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT › PETITION FOR ALLOWANCE OF APPEAL › Rule 1123 - Denial of Appeal; Reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Denial
. If the petition
					 for allowance of appeal is denied the Prothonotary of the Supreme Court shall
					 immediately give written notice in person or by first class mail of the entry
					 of the order denying the appeal to each party who has appeared in the Supreme
					 Court. After the expiration of the time allowed by paragraph (b) of this rule
					 for the filing of an application for reconsideration of denial of a petition
					 for allowance of appeal, if no application for reconsideration is filed, the
					 Prothonotary of the Supreme Court shall notify the prothonotary of the
					 appellate court below of the denial of the petition.
(b)
Reconsideration
.
					 Applications for reconsideration of denial of allowance of appeal are not
					 favored and will be considered only in the most extraordinary circumstances. An
					 application for reconsideration of denial of a petition for allowance of appeal
					 shall be filed with the Prothonotary of the Supreme Court within fourteen days
					 after entry of the order denying the petition for allowance of appeal. In a
					 children's fast track appeal, the application for reconsideration of denial of
					 a petition for allowance of appeal shall be filed with the Prothonotary of the
					 Supreme Court within 7 days after entry of the order denying the petition for
					 allowance of appeal. Any application filed under this paragraph must comport
					 with the following:
(1) Briefly and
					 distinctly state grounds which are confined to intervening circumstances of
					 substantial or controlling effect.
(2) Be supported by a certificate of counsel
					 to the effect that it is presented in good faith and not for delay. Counsel
					 must also certify that the application is restricted to the grounds specified
					 under subparagraph (b)(1).
(3)
					 Contain the certificate of compliance required by Pa.R.A.P. 127.
No answer to an application for reconsideration will be
						received unless requested by the Supreme Court. Second or subsequent
						applications for reconsideration, and applications for reconsideration which
						are out of time under this rule, will not be received.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1301 - Form of Documents. Number of Copies to be Filed

Current through Register Vol. 54, No. 28, July 13, 2024
All documents filed under this chapter may be produced on a
					 word processor/ computer or typewriter. To determine the number of copies to be
					 filed, see Pa.R.A.P. 124(c) and its Official Note.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1311 - Interlocutory Appeals by Permission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-An appeal
				  may be taken by permission from an interlocutory order:
(1) certified under
				  42 Pa.C.S. §
												702(b) or for which
				  certification pursuant to
				  42 Pa.C.S. §
												702(b) was denied;
see
Pa.R.A.P. 312;
(2) for which certification pursuant to
				  Pa.R.A.P. 341(c) was denied; or
(3)
				  that determined that a defendant's motion to dismiss on the basis of double
				  jeopardy is frivolous.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1313 - Effect of Filing Petition

Current through Register Vol. 54, No. 28, July 13, 2024
A petition for permission to appeal shall not stay the
					 proceedings before the lower court or other government unit, unless the lower
					 court or other government unit, or the appellate court or a judge thereof shall
					 so order.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1314 - Answer to the Petition for Permission to Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
Within 14 days after service of a petition for permission
					 to appeal an adverse party may file an answer. The answer shall be deemed filed
					 on the date of mailing if first class, express, or priority United States
					 Postal Service mail is utilized. The answer need not be set forth in numbered
					 paragraphs in the manner of a pleading, shall set forth any procedural,
					 substantive, or other argument or ground why the interlocutory order involved
					 should not be reviewed by the appellate court, and shall comply with Pa.R.A.P.
					 1312(a)(7) (content of petition for permission to appeal). An answer to a
					 petition for permission to appeal shall contain the certificate of compliance
					 required by Pa.R.A.P. 127. No separate motion to dismiss a petition for
					 permission to appeal will be received. A party entitled to file an answer under
					 this rule who does not intend to do so shall, within the time fixed by these
					 rules for filing an answer, file a letter stating that an answer to the
					 petition for permission to appeal will not be filed. The failure to file an
					 answer will not be construed as concurrence in the request for permission to
					 appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1316 - Incorrect Use of Petition for Permission to Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule
.-The
				  appellate court shall treat a request for discretionary review of an order that
				  is immediately appealable as a notice of appeal if a party has filed a timely
				  petition for permission to appeal pursuant to Pa.R.A.P. 1311.
(b)
Additional
				  Requirements
.-The appellate court may require any additional actions
				  necessary to perfect the appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1321 - Transmission of Papers to and Action by the Court

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of the answer to the petition for permission
					 to appeal, or a letter stating that no answer will be filed, from each party
					 entitled to file such, the petition and the answer, if any, shall be
					 distributed by the prothonotary to the appellate court for its consideration.
					 Permission to appeal may be limited to one or more of the questions presented
					 in the petition, in which case the order granting permission to appeal shall
					 specify the question or questions which will be considered by the
					 court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1322 - Permission to Appeal and Transmission of Record

Current through Register Vol. 54, No. 28, July 13, 2024
If permission to appeal is granted, the prothonotary of the
					 appellate court shall immediately give written notice in person or by ordinary
					 mail of the entry of the order granting permission to appeal to the government
					 unit or clerk of the lower court and to each party who has appeared in the
					 appellate court. The notice shall specify the question or questions which will
					 be considered by the appellate court, if permission to appeal has been granted
					 as to less than all questions presented. If subsequent proceedings will be
					 governed by Chapter 15 (judicial review of governmental determinations) and if
					 under the applicable law the questions raised by the petition for permission to
					 appeal may be determined in whole or in part upon the record made before the
					 appellate court, the notice shall direct the petitioner to serve and file an
					 appropriate petition for review. The clerk of the lower court shall docket the
					 notice in the same manner as a notice of appeal. The record shall be
					 transmitted and filed in accordance with Chapter 19 (preparation and
					 transmission of the record and related matters). The times fixed by those
					 provisions for transmitting the record shall run from the date of the entry of
					 the order granting permission to appeal. A notice of appeal need not be
					 filed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1323 - Denial of Permission to Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
If the petition for permission to appeal is denied, the
					 prothonotary of the appellate court shall immediately give written notice in
					 person or by first class mail of entry of the order denying permission to
					 appeal to the government unit or clerk of the trial court and to each party who
					 has appeared in the appellate court. A party wishing to seek review of the
					 denial in the Supreme Court must file a timely petition for allowance of
					 appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › IN GENERAL › Rule 1501 - Scope of Chapter

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Except as otherwise prescribed by paragraphs (b)
					 and (c) of this rule, this chapter applies to judicial review in:
(1) Appeals from an administrative agency
					 (within the meaning of Section 9 of Article V of the Constitution of
					 Pennsylvania) to an appellate court or pursuant to
					 42 Pa.C.S. §
													763(b).
(2) Appeals to an appellate court pursuant to
					 2
					 Pa.C.S. §
													702 or
					 42 Pa.C.S. §
					 5105.
(3) Original jurisdiction
					 actions heretofore cognizable in an appellate court by actions in the nature of
					 equity, replevin, mandamus or
quo warranto
or for declaratory
					 judgment, or upon writs of
certiorari
or
					 prohibition.
(4) Appeals under
					 Section 17(d) of Article II of the Constitution of Pennsylvania.
(5) Appeals pursuant to Supreme Court general
					 rule, such as those authorized by 442 Pa.C.S. §
													725(2)-(5).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › IN GENERAL › Rule 1502 - Exclusive Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
The appeal and the original jurisdiction actions of
						equity, replevin, mandamus, and
quo warranto
, the action for a
						declaratory judgment, and the writs of
certiorari
and
						prohibition are replaced by the petition for review.
It should be noted that a petition for review in the
						nature of mandamus or prohibition will lie against a trial court (which is a
						"government unit"), since such relief is not available under the rules cited in
						Pa.R.A.P. 1501(b).
See
42 Pa.C.S. §
												708(e), which provides as
						follows:
(e)
Single form of
					 action
.-Where pursuant to general rules review of a determination of a
					 government unit may be had by a petition for a review or another single form of
					 action embracing the appeal and actions in the nature of equity, mandamus,
					 prohibition,
quo warranto
, or otherwise, the jurisdiction of
					 the appellate court shall not be limited by the provisions of
					 1
					 Pa.C.S. §
												1504 (relating to statutory remedy
					 preferred over common law), but such provisions to the extent applicable shall
					 limit the relief available.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › IN GENERAL › Rule 1503 - Improvident Appeals or Original Jurisdiction Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
If a filing should be labeled a petition for review, but
						is not, this alone shall not be a ground for dismissal. The filing shall be
						regarded and acted upon as a petition for review and as if filed at the time
						the improvident filing was made. The court may require that the filing be
						clarified by amendment or be supplemented.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › IN GENERAL › Rule 1504 - Improvident Petitions for Review

Current through Register Vol. 54, No. 28, July 13, 2024
If a filing in a court is labeled as a petition for
						review but the proper mode of relief is an original jurisdiction action in
						equity, replevin, mandamus or
quo warranto
, or a petition for
						a declaratory judgment or for a writ of certiorari or prohibition, this alone
						shall not be a ground for dismissal. The filing shall be regarded and acted
						upon as a complaint or other proper process and as if filed at the time the
						improvident filing was made. The court may require that the filing be clarified
						by amendment.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1511 - Manner of Obtaining Judicial Review of Governmental Determinations

Current through Register Vol. 54, No. 28, July 13, 2024
Review under this chapter shall be obtained by filing a
						petition for review with the prothonotary of the appellate court within the
						time allowed by Pa.R.A.P. 1512. Failure of a petitioner for review to take any
						step other than the timely filing of a petition for review does not affect the
						validity of the review proceeding, but is grounds only for such action as the
						appellate court deems appropriate, which may include dismissal of the review
						proceeding.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1512 - Time for Petitioning for Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appeals
					 Authorized by Law.
Except as otherwise prescribed by subdivision (b) :
(1) A petition for review of a quasijudicial
					 order, or an order appealable under 42 Pa.C.S. §
													763(b) (awards of arbitrators)
					 or under any other provision of law, shall be filed with the prothonotary of the
					 appellate court within 30 days after the entry of the order.
(2) If a timely petition for review of such an
					 order is filed by a party, any other party may file a cross-petition for review
					 within 14 days of the date on which the first petition for review was served, or
					 within the time otherwise prescribed by subdivision (a)(1),  whichever period last
					 expires.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1513 - Petition for Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Caption and parties on appeal
.-In an appellate jurisdiction
					 petition for review, the aggrieved party or person shall be named as the
					 petitioner. Unless the government unit is disinterested, the government unit
					 and no one else shall be named as the respondent. If the government unit is
					 disinterested, all real parties in interest shall be named as respondents and
					 the disinterested government unit shall be identified in parentheses after the
					 respondents in the caption.
(b)
Caption and parties in original jurisdiction actions
.-The
					 government unit and any other indispensable party shall be named as
					 respondents. Where a public act or duty is required to be performed by a
					 government unit, it is sufficient to name the government unit, and not its
					 individual members, as respondent.
(c)
Form
.-Any petition for
					 review shall be divided into consecutively numbered paragraphs. Each paragraph
					 shall contain, as nearly as possible, a single allegation of fact or other
					 statement.
(d)
Content of
					 appellate jurisdiction petition for review
.-An appellate jurisdiction
					 petition for review shall contain the following:
(1) a statement of the basis for the
					 jurisdiction of the court;
(2) the
					 name of the party or person seeking review;
(3) the name of the government unit that made
					 the order or other determination sought to be reviewed;
(4) reference to the order or other
					 determination sought to be reviewed, including the date the order or other
					 determination was entered;
(5) a
					 general statement of the objections to the order or other determination, but
					 the omission of an issue from the statement shall not be the basis for a
					 finding of waiver if the court is able to address the issue based on the
					 certified record;
(6) a short
					 statement of the relief sought;
(7)
					 a copy of the order or other determination to be reviewed, which shall be
					 attached to the petition for review as an exhibit; and
(8) the certificate of compliance required by
					 Pa.R.A.P. 127.
No notice to plead or verification is necessary.
Where there were other parties to the proceedings
						conducted by the government unit, and such parties are not named in the caption
						of the petition for review, the petition for review shall also contain a notice
						to participate, which shall provide substantially as follows:
If you intend to participate in this proceeding in the
						(Supreme, Superior, or Commonwealth, as appropriate) Court, you must serve and
						file a notice of intervention under Pa.R.A.P. 1531 within 30 days.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1514 - Filing and Service of the Petition for Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing with the
					 Prothonotary.
(1) The petition for
					 review, with proof of the service that is required by subdivision (c), shall be
					 filed with the prothonotary of the appellate court in person or by first class,
					 express, or priority United States Postal Service mail.
(2) If the petition for review is filed by
					 first class, express, or priority United States Postal Service mail, the
					 petition shall be deemed received by the prothonotary for the purposes of
					 Pa.R.A.P. 121(a) on the date deposited in the United States mail, as shown on a
					 United States Postal Service Form 3817 Certificate of Mailing, Form 3800
					 Receipt for Certified Mail, Form 3806 Receipt for Registered Mail, or other
					 similar United States Postal Service form from which the date of deposit can be
					 verified. The certificate of mailing or other similar Postal Service form from
					 which the date of deposit can be verified shall be cancelled by the Postal
					 Service and shall show the docket number of the matter in the government unit,
					 and shall be either enclosed with the petition or separately mailed to the
					 prothonotary.
(3) Upon actual
					 receipt of the petition for review, the prothonotary shall immediately:
(i) stamp it with the date of actual receipt.
					 That date, or the date of earlier deposit in the United States mail as
					 prescribed in this subdivision , shall constitute the date of filing;
(ii) assign a docket number to the petition
					 for review; and
(iii) give written
					 notice of the docket number assignment in person or by first class mail to the
					 government unit that made the determination sought to be reviewed, to the
					 petitioner, and to the other persons named in the proof of service accompanying
					 the petition.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1516 - Other Pleadings Allowed

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appellate jurisdiction petitions for review
.-No answer or
					 other pleading to an appellate jurisdiction petition for review is authorized,
					 unless the petition for review is filed pursuant to Pa.R.A.P. 3321 (appeals
					 from Legislative Reapportionment Commission). Where an answer is authorized,
					 the time for filing an answer shall be as stated in Pa.R.A.P. 123(b), and the
					 answer shall contain the certificate of compliance required by Pa.R.A.P.
					 127.
(b)
Original
					 jurisdiction petitions for review
.-Where an action is commenced by
					 filing a petition for review addressed to the appellate court's original
					 jurisdiction, the pleadings are limited to the petition for review, an answer
					 thereto, a reply if the answer contains new matter or a counterclaim, a
					 counter-reply if the reply to a counterclaim contains new matter, preliminary
					 objections, and answers thereto. A pleading shall contain the certificate of
					 compliance required by Pa.R.A.P. 127. Every pleading filed after an original
					 jurisdiction petition for review shall be filed within 30 days after service of
					 the preceding pleading, but no pleading need be filed unless the preceding
					 pleading is endorsed with a notice to plead.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1517 - Applicable Rules of Pleading

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise prescribed by these rules, the practice
						and procedure under this chapter relating to pleadings in original jurisdiction
						petition for review practice shall be in accordance with the appropriate
						Pennsylvania Rules of Civil Procedure, so far as they may be
						applied.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1531 - Intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appellate jurisdiction petition for review proceedings
. A
					 party to a proceeding before a government unit that resulted in a quasijudicial
					 order may intervene as of right in a proceeding under this chapter relating to
					 such order by filing a notice of intervention (with proof of service on all
					 parties to the matter) with the prothonotary of the appellate court within 30
					 days after notice of the filing of the petition for review. The notice of
					 intervention may be in substantially the following form:
NOTICE OF INTERVENTION
Notice is hereby given that A.B., a party below, hereby
						intervenes in this matter.
(s) _______________
__________________
(Address and telephone number)
After 30 days after notice of filing of an appellate
						petition for review, permission to intervene may be sought by application
						pursuant to Pa.R.A.P. 123.
(b)
Original jurisdiction petition
					 for review proceedings
. A person not named as a respondent in an
					 original jurisdiction petition for review who desires to intervene in a
					 proceeding under this chapter, may seek leave to intervene by filing an
					 application for leave to intervene (with proof of service on all parties to the
					 matter) with the prothonotary of the court. The application shall contain a
					 concise statement of the interest of the applicant and the grounds upon which
					 intervention is sought.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1532 - Special and Summary Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Special relief
.-At any time after the filing of a petition for
					 review, the court may, on application, order the seizure of property, dispose
					 of seized property, issue a preliminary or special injunction, appoint a
					 temporary receiver, or grant other interim or special relief required in the
					 interest of justice and consistent with the usages and principles of
					 law.
(b)
Summary
					 relief
.-At any time after the filing of a petition for review in an
					 appellate or original jurisdiction matter, the court may on application enter
					 judgment if the right of the applicant thereto is clear.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1541 - Certification of the Record

Current through Register Vol. 54, No. 28, July 13, 2024
Upon notice from the appellate court of the filing of a
						petition for review addressed to the appellate jurisdiction of an appellate
						court, the government unit shall prepare and transmit the record as provided by
						Chapter 19.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1542 - Evidentiary Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
In any matter addressed to the appellate court's original
						jurisdiction where it appears that a genuine issue as to a material fact has
						been raised by the pleadings, depositions, answers to interrogatories,
						stipulations of fact, admissions on file, and supporting verified statements,
						if any, the court on its own motion or on application of any party shall, after
						notice to the parties, hold an evidentiary hearing for the development of the
						record.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1551 - Scope of Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appellate jurisdiction petitions for review.
-Review of
					 quasijudicial orders shall be conducted by the court on the record made before
					 the government unit. Only questions raised before the government unit shall be
					 heard or considered, except:
(1) Questions
					 involving the validity of a statute.
(2) Questions involving the jurisdiction of
					 the government unit over the subject matter of the adjudication.
(3) Questions that the court is satisfied the
					 petitioner could not by the exercise of due diligence have raised before the
					 government unit. If, upon hearing before the court, the court is satisfied that
					 any such additional question within the scope of this paragraph should be
					 raised, it shall remand the record to the government unit for further
					 consideration of the additional question.
The court may in any case remand the record to the
						government unit for further proceedings if the court deems them
						necessary.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › PETITION FOR REVIEW › Rule 1561 - Disposition of Petition for Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appellate jurisdiction petitions
					 for review
.-The court may affirm, modify, vacate, set aside, or
					 reverse any order brought before it for review, and it may remand the matter
					 and direct the entry of such appropriate order, or require such further
					 proceedings as may be just under the circumstances.
(b)
Original jurisdiction petitions
					 for review
.-Where the petition for review raises questions that
					 formerly were determinable in an action in equity, replevin, mandamus, or
quo warranto
, or for a declaratory judgment or upon a petition
					 for a writ of
certiorari
or prohibition, or in another similar
					 plenary action or proceeding, the court may grant the relief heretofore
					 available in any such plenary action or proceeding.
(c)
Money damages
.-Money
					 damages arising out of tort or contract claims may not be granted under this
					 chapter (except on review of determinations of the Board of Claims or similar
					 agencies), but relief granted under paragraph (b) of this rule may include any
					 damages to which the petitioner is entitled which are claimed in the petition,
					 which are ancillary to the matter, and which may be granted by a
					 court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › REVIEW OF DETERMINATIONS OF THE BOARD OF FINANCE AND REVENUE › Rule 1571 - Determinations of the Board of Finance and Revenue

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Review of
					 a determination of the Board of Finance and Revenue shall be governed by this
					 chapter and ancillary provisions of these rules, except as otherwise prescribed
					 by this rule.
(b)
Time for
					 petitioning for review
.-A petition for review of a determination of
					 the Board of Finance and Revenue shall be filed:
(1) Within 30 days after entry of an order of
					 the Board which does not expressly state that it is interlocutory in
					 nature.
(2) Within 30 days after
					 entry of an order of the Board adopting a determination by the Department of
					 Revenue or other government unit made at the direction of the Board respecting
					 any matter pending before the Board.
(3) Where the Board is required by statute to
					 act finally on any matter pending before it within a specified period after the
					 matter is filed with the Board and has not done so, at any time between:
(i) the expiration of such specified period;
					 and
(ii) 30 days after service of
					 actual notice by the Board stating that it has failed to act within such
					 period.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS › REVIEW OF DETERMINATIONS BY A COURT OF COMMON PLEAS THAT A CLAIM OF DOUBLE JEOPARDY IS FRIVOLOUS › Rule 1573 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › IN GENERAL › Rule 1601 - Scope of Chapter

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter provides a petition procedure for appellate
						review of certain discrete issues. Generally, these matters are ancillary
						and/or preliminary to appellate review under Chapters 9, 11, 13, or 15, but the
						chapter also is intended to provide the method for initiating any
						otherwise-authorized form of appellate review that does not fall within those
						chapters.
The procedure applicable under this chapter is provided
						in Pa.R.A.P. 1602-1605, unless otherwise prescribed by statute or rule relating
						to a particular category of petition for specialized review.