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 1112 - Appeals by Allowance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-An appeal may be taken by allowance under
					 42 Pa.C.S. §
												724(a) (allowance of appeals
					 from Superior and Commonwealth Courts) from any final order of the Commonwealth
					 Court, not appealable under Pa.R.A.P. 1101 (appeals as of right from the
					 Commonwealth Court), or from any final order of the Superior Court.
(b)
Definition. Final
					 order
.-A final order of the Superior Court or the Commonwealth Court
					 is any order that concludes an appeal, including an order that remands an
					 appeal, in whole or in part, unless the appellate court remands and retains
					 jurisdiction.
(c)
Petition
					 for Allowance of Appeal.
(1)
					 Allowance of an appeal from a final order of the Superior Court or the
					 Commonwealth Court may be sought by filing a petition for allowance of appeal
					 with the Prothonotary of the Supreme Court within the time allowed by Pa.R.A.P.
					 1113 (time for petitioning for allowance of appeal), with proof of service on
					 all other parties to the matter in the appellate court below.
(2) If the petition for allowance of appeal
					 is transmitted to the Prothonotary of the Supreme Court by means of 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) (filing) on the date shown by the United States Postal Service as the
					 date accepted for posting, as evidenced by 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, shall show the docket number
					 of the matter in the appellate court below, and shall be either enclosed with
					 the petition or separately mailed to the Prothonotary.
(3) Upon actual receipt of the petition for
					 allowance of appeal, the Prothonotary of the Supreme Court shall immediately
					 stamp it with the date of actual receipt. That date, or the date of earlier
					 deposit in the United States mail as prescribed in this rule, shall constitute
					 the date when allowance of appeal was sought, which date shall be shown on the
					 docket. The Prothonotary of the Supreme Court shall immediately note the
					 Supreme Court docket number upon the petition for allowance of appeal and give
					 notice of the docket number assignment to the prothonotary of the appellate
					 court below who shall note on the docket that a petition for allowance of
					 appeal has been filed. The Prothonotary of the Supreme Court shall send notice
					 to all persons named in the proof of service accompanying the
					 petition.
(4) In a children's fast
					 track appeal, the Prothonotary of the Supreme Court shall stamp the petition
					 for allowance of appeal with a ''Children's Fast Track'' designation in red
					 ink, advising the Supreme Court that the petition for allowance of appeal is a
					 children's fast track appeal.