Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 13 - INTERLOCUTORY APPEALS BY PERMISSION › Rule 1312 - Content of Petition for Permission to Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The
				  petition for permission to appeal need not be set forth in numbered paragraphs
				  in the manner of a pleading, and shall contain the following (which shall,
				  insofar as practicable, be set forth in the order stated):
(1) A statement of the basis for the
				  jurisdiction of the appellate court.
(2) The text of the order in question, or the
				  portions thereof sought to be reviewed, the text of any order ruling on any
				  subsequent request for certification, and the date of their entry in the trial
				  court or other government unit. If the order(s) are voluminous, it may, if more
				  convenient, be appended to the petition.
(3) A concise statement of the case
				  containing the facts necessary to an understanding of the basis for the order
				  of the trial court or other government unit.
(4) The proposed questions presented for
				  review, expressed in the terms and circumstances of the case but without
				  unnecessary detail. The statement of questions presented will be deemed to
				  include every subsidiary question fairly comprised therein. Only the questions
				  set forth in the petition, or fairly comprised therein, will ordinarily be
				  considered by the court in the event permission to appeal is granted.
(5) A concise statement of the reasons for an
				  immediate appeal:
(i) For a petition for
				  permission to appeal an order certified pursuant to
				  42 Pa.C.S. §
													702(b), a statement of the
				  reasons why the order involves a controlling question of law as to which there
				  is a substantial ground for difference of opinion and that an appeal from the
				  order may materially advance the ultimate termination of the matter;
(ii) For a petition for permission to appeal
				  an order for which certification pursuant to
				  42 Pa.C.S. §
													702(b) was denied or deemed
				  denied, a statement of reasons why the order involves a controlling question of
				  law as to which there is substantial ground for difference of opinion, that an
				  appeal from the order may materially advance the ultimate termination of the
				  matter, and why the refusal of certification was an abuse of the trial court's
				  or other government unit's discretion that is so egregious as to justify
				  prerogative appellate correction;
(iii) For a petition for permission to appeal
				  an order for which certification pursuant to Pa.R.A.P. 341(c) was denied or
				  deemed denied, the petition must contain a statement of reasons why an
				  immediate appeal would facilitate resolution of the entire case and why the
				  refusal of certification was an abuse of the trial court's or other government
				  unit's discretion that is so egregious as to justify prerogative appellate
				  correction;
(iv) For a petition for
				  permission to appeal pursuant to Pa.R.A.P. 1311(a)(3), the petition must set
				  forth why the claim of double jeopardy is colorable.
(6) There shall be appended to the petition a
				  copy of any opinions delivered relating to the order sought to be reviewed, as
				  well as all opinions of trial courts or other government units in the case,
				  and, if reference thereto is necessary to ascertain the grounds of the order,
				  opinions in companion cases. If whatever is required by this paragraph to be
				  appended to the petition is voluminous, it may, if more convenient, be
				  separately presented.
(7) There
				  shall be appended to the petition the verbatim texts of the pertinent
				  provisions of constitutional provisions, statutes, ordinances, regulations, or
				  other similar enactments which the case involves, and the citation to the
				  volume and page where they are published, including the official edition, if
				  any.
(8) The certificate of
				  compliance required by Pa.R.A.P. 127.