Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 123 - Applications for Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of applications for relief
.-Unless another form is
					 elsewhere prescribed by these rules, an application for an order or other
					 relief shall be made by filing a written application for such order or relief
					 with proof of service on all other parties. The application shall contain or be
					 accompanied by any matter required by a specific provision of these rules
					 governing such an application, shall state with particularity the grounds on
					 which it is based, and shall set forth the order or relief sought. If an
					 application is supported by briefs, verified statements, or other papers, they
					 shall be served and filed with the application. An application may be made in
					 the alternative and seek such alternative relief or action by the court as may
					 be appropriate. All grounds for relief demanded shall be stated in the
					 application and failure to state a ground shall constitute a waiver thereof.
					 Except as otherwise prescribed by these rules, a request for more than one type
					 of relief may be combined in the same application.
(b)
Answer
.-Any party may
					 file an answer to an application within 14 days after service of the
					 application, but applications under Chapter 17 (effect of appeals; supersedeas
					 and stays), or for delay in remand of the record, may be acted upon after
					 reasonable notice, unless the exigency of the case is such as to impel the
					 court to dispense with such notice. The court may shorten or extend the time
					 for answering any application. Answers shall be deemed filed on the date of
					 mailing if first class, express, or priority United States Postal Service mail
					 is utilized.
(c)
Speaking
					 applications
.-An application or answer which sets forth facts which do
					 not already appear of record shall be verified by some person having knowledge
					 of the facts, except that the court, upon presentation of such an application
					 or answer without a verified statement, may defer action pending the filing of
					 a verified statement or it may in its discretion act upon it in the absence of
					 a verified statement if the interests of justice so require.
(d)
Oral argument
.-Unless
					 otherwise ordered by the court, oral argument will not be permitted on any
					 application.
(e)
Power of
					 single judge to entertain applications
.-In addition to the authority
					 expressly conferred by these rules or by law or rule of court, a single judge
					 of an appellate court may entertain and may grant or deny any request for
					 relief which under these rules may properly be sought by application, except
					 that an appellate court may provide by order or rule of court that any
					 application or class of applications must be acted upon by the court. The
					 action of a single judge may be reviewed by the court except for actions of a
					 single judge under Pa.R.A.P. 3102(c)(2) (relating to quorum in Commonwealth
					 Court in any election matter).
(f)
Certificate of compliance with Case Records Public Access Policy of the
					 Unified Judicial System of Pennsylvania
.-An application or answer
					 filed under this Rule shall contain the certificate of compliance required by
					 Pa.R.A.P. 127.