Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to additional definitions contained in subsequent
						provisions of these rules which are applicable to specific provisions of these
						rules, the following words and phrases when used in these rules shall have,
						unless the context clearly indicates otherwise, the meanings given to them in
						this rule:
Action
.-Any action or proceeding at law
						or in equity.
Argument
.-Where required by the context,
						the term includes submission on briefs.
Administrative office
.-The
						Administrative Office of Pennsylvania Courts.
Appeal
.-Any petition or other
						application to a court for review of subordinate governmental determinations.
						The term includes an application for
certiorari
under
						42 Pa.C.S. §
												934 (writs of
certiorari
) or under any other provision of law. Where
						required by the context, the term includes proceedings on petition for review
						and petition for specialized review.
Appellant
.-Includes petitioner for
						review or specialized review.
Appellate court
.-The Supreme Court, the
						Superior Court, or the Commonwealth Court.
Appellee
.-Includes a party named as
						respondent in a petition for review or specialized review.
Application
.-Includes a petition or a
						motion.
Appropriate security
.-Security that
						meets the requirements of Pa.R.A.P. 1734 (appropriate security).
Children's fast track appeal
.-Any
						appeal from an order involving dependency, termination of parental rights,
						adoptions, custody, or paternity.
See
42 Pa.C.S. §§
												6301
et seq
.;
						23 Pa.C.S. §§
												2511
et seq
.;
						23 Pa.C.S. §§
												2101
et seq
.;
						23 Pa.C.S. §§
												5321
et seq
.;
						23 Pa.C.S. §§
												5102
et seq
.
Clerk
.-Includes prothonotary.
Counsel of record
.-All attorneys who
						were counsel of record in the trial court at the time of the filing of the
						notice of appeal will be counsel of record in the appellate courts. For a
						criminal defendant, the representation extends up to and including the filing
						of a petition for allowance of appeal and the handling of such an appeal if
						granted, unless (1) substitute counsel has entered an appearance and is
						expressly identified in the
praecipe
as substitute, rather
						than additional, counsel; (2) the Court of Common Pleas has entered on the
						docket an order permitting the attorney to withdraw; or (3) an application for
						withdrawal is granted by the appellate court.
Determination
.-Action or inaction by a
						government unit which action or inaction is subject to judicial review by a
						court under Section 9 of Article V of the Constitution of Pennsylvania or
						otherwise. The term includes an order entered by a government unit.
Docket entries
.-Includes the schedule of
						proceedings of a government unit.
General rule
.-A rule or order
						promulgated by or pursuant to the authority of the Supreme Court.
Government unit
.-The Governor and the
						departments, boards, commissions, officers, authorities, and other agencies of
						the Commonwealth, including the General Assembly and its officers and agencies
						and any court or other officer or agency of the unified judicial system, and
						any political subdivision or municipal or other local authority or any officer
						or agency of any such political subdivision or local authority. The term
						includes a board of arbitrators whose determination is subject to review under
						42 Pa.C.S. §
												763(b) (awards of
						arbitrators).
Hybrid representation
.-An attempt to act
						as counsel for oneself when one has counsel of record.
Judge
.-Includes a justice of the
						Supreme Court.
Matter
.-Action, proceeding, or appeal.
						The term includes a petition for review or petition for specialized review.
						Order.-Includes judgment, decision, decree, sentence, and adjudication.
Petition for allowance of
						appeal
.-
(a) A petition under
					 Pa.R.A.P. 1112 (appeals to the Supreme Court by allowance); or
(b) a statement pursuant to Pa.R.A.P. 2119(f)
					 (discretionary aspects of sentence).
See
42 Pa.C.S. §
												9781
Petition for permission to appeal
.-A
						petition under Pa.R.A.P. 1311 (interlocutory appeals by permission).
Petition for review
.-A petition under
						Chapter 15.
Petition for specialized review
.-A
						petition under Chapter 16. President judge.-When applied to the Supreme Court,
						the term means the Chief Justice of Pennsylvania.
Pro se
.-A party representing himself or
						herself without counsel.
Proof of service
.-Includes
						acknowledgment of service endorsed upon a pleading.
Quasijudicial order
.-An order of a
						government unit, made after notice and opportunity for hearing, which is by law
						reviewable solely upon the record made before the government unit, and not upon
						a record made in whole or in part before the reviewing court.
Reargument
.-Includes reconsideration
						and rehearing, and is requested through an application filed in accordance with
						Pa.R.A.P. 2541-2547.
Reproduced record
.-That portion of the
						record which has been reproduced for use in an appellate court. The term
						includes any supplemental reproduced record.
Rule of court
.-A rule promulgated by a
						court regulating practice or procedure before the promulgating court(s).
Trial court
.-The court from which an
						appeal is first taken or to be taken.
Verified statement
.-A document filed
						with a clerk under these rules containing statements of fact and a statement by
						the signatory that it is made subject to the penalties of
						18 Pa.C.S. §
												4904 (unsworn
						falsification to authorities).