reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FORM OF BRIEFS AND REPRODUCED RECORD › Rule 2174 - Tables of Contents and Citations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Tables of contents
.-The briefs and the reproduced record shall
					 each contain a full and complete table of contents, set forth either on the
					 inside of the front cover or on the first and immediately succeeding pages. The
					 table of contents of the reproduced record, in addition to the material
					 otherwise specified in this chapter, shall include a reference to all
					 reproduced exhibits, indicating what each is, and the names of witnesses,
					 indicating where the examination, cross-examination and re-examination of each
					 begin. Where the reproduced record is bound in more than one volume, there
					 shall be but one table of contents which shall indicate in which volume each
					 particular part of the record will be found. The combined table of contents
					 ordinarily shall be set forth in full at the front of each volume, but where
					 the combined table of contents is itself voluminous, a cross reference at the
					 front of the second and subsequent volumes to the combined table of contents at
					 the front of the first volume may be substituted for the text of the combined
					 table of contents.
(b)
Tables of citations
.-All briefs shall contain a table of
					 citations therein, arranged alphabetically, which shall be set forth
					 immediately following the table of contents.
(c)
Paging of introductory
					 tables
.-The pages of the tables specified in this rule need not be
					 numbered, but if numbered shall be numbered in Roman numerals: thus i, ii, iii,
etc.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FORM OF BRIEFS AND REPRODUCED RECORD › Rule 2175 - Sequence of Material in the Reproduced Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The
					 portions of the record which are reproduced pursuant to these rules shall
					 appear in the following order-headed in each case by the title of the
					 particular material in distinctive type or in type distinctively displayed:
(1) The relevant docket entries and related
					 matters. See Rule 2153 (docket entries and related matters).
(2) The other parts of the record, arranged
					 chronologically.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FORM OF BRIEFS AND REPRODUCED RECORD › Rule 2176 - Notes of Testimony and Other Papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Indication of original pagination
.-When material contained in
					 the notes or transcript of testimony is set out in the reproduced record, the
					 page of the original transcript at which such matter may be found shall be
					 clearly indicated.
(b)
Indication of omissions
.-Omissions in the text of papers or in
					 the transcript shall be indicated by asterisks.
(c)
Questions and answers
.-A
					 question and its answer may be contained in a single paragraph.
(d)
Exhibits
.-Exhibits
					 designated for inclusion in the reproduced record may be contained in a
					 separate volume, or volumes, suitably noted in the table of contents of the
					 reproduced record. See Rule 2174 (table of contents and citations).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FILING AND SERVICE › Rule 2186 - Service and Filing of Reproduced Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The
					 reproduced record shall be served and filed not later than:
(1) the date of service of the brief;
					 or
(2) 21 days from the date of
					 service of the appellee's brief in advance form, if the record is being
					 reproduced pursuant to Rule 2154(b) (large records).
Reproduced records shall be deemed filed on the date of
						mailing if first class, express, or priority United States Postal Service mail
						is utilized.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FILING AND SERVICE › Rule 2187 - Number of Copies to be Filed and Served

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing
.-To determine the
					 number of copies to be filed, see Pa.R.A.P. 124(c) and its
(b)
Service
.
(1)
General rule
.-A party
					 shall serve one copy of its definitive brief and reproduced record on every
					 other party separately represented.
(2)
In forma pauperis
.-A party proceeding in
					 forma pauperis shall only serve one copy of each definitive brief on every
					 other party separately represented. Pursuant to Pa.R.A.P. 2151(b), a party
					 proceeding in forma pauperis is not required to reproduce the record.
(3)
Advance text of
					 briefs
.-If the record is being reproduced pursuant to Pa.R.A.P.
					 2154(b) (large records), one copy of each brief without definitive reproduced
					 record pagination shall be served on each party separately represented. Proof
					 of service showing compliance with this rule, but not including the advance
					 text of the brief, shall be filed with the prothonotary of the appellate
					 court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FILING AND SERVICE › Rule 2188 - Consequence of Failure to File Briefs and Reproduced Records

Current through Register Vol. 54, No. 28, July 13, 2024
If an appellant fails to file his designation of
						reproduced record, brief or any required reproduced record within the time
						prescribed by these rules, or within the time as extended, an appellee may move
						for dismissal of the matter. If an appellee fails to file his brief within the
						time prescribed by these rules, or within the time as extended, he will not be
						heard at oral argument except by permission of the court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 21 - BRIEFS AND REPRODUCED RECORD › FILING AND SERVICE › Rule 2189 - Reproduced Record in Cases Involving the Death Penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Number of copies
. - Any
					 provisions of these rules to the contrary notwithstanding, in all cases
					 involving the death penalty, the entire record shall be reproduced and filed
					 with the prothonotary of the Supreme Court. to determine the number of copies
					 to be filed, see Pa.R.A.P. 124(c) and its Official Note.
(b)
Costs of reproduction
. -
					 the appellant, or, in cases where the appellant has been permitted to proceed
in forma pauperis
, the county where the prosecution was
					 commenced, shall bear the cost of reproduction.
(c)
Prior rules superseded
.
					 - To the extent that this rule conflicts with provisions of Pa.R.A.P. 2151(a),
					 (b) (relating to necessity of reproduction of records); Pa.R.A.P. 2152
					 (relating to content of reproduced records); Pa.R.A.P. 2154(a) (relating to
					 designation of contents of reproduced records); and Pa.R.A.P. 2155 (allocating
					 costs of reproduction of records), the same are superseded.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › IN GENERAL › Rule 2301 - Scope of Chapter

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this chapter are subject to any
						inconsistent rules on the same subject set forth in:
(1) Chapter 33 (business of the Supreme
					 Court) with respect to matters to be heard and determined in the Supreme
					 Court.
(2) Chapter 35 (business of
					 the Superior Court) with respect to matters to be heard and determined in the
					 Superior Court.
(3) Chapter 37
					 (business of the Commonwealth Court) with respect to matters to be heard and
					 determined in the Commonwealth Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › SCHEDULING OF ARGUMENT › Rule 2311 - Submission on Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-By agreement of the parties a case may be
					 submitted for decision on the briefs, but the court may direct that the case be
					 argued.
(b)
Post conviction
					 relief cases
.-All parties shall submit post conviction relief cases on
					 the briefs unless otherwise directed by the court on its own motion or upon
					 application.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › SCHEDULING OF ARGUMENT › Rule 2312 - Notice of Argument

Current through Register Vol. 54, No. 28, July 13, 2024
The prothonotary shall give written notice to all parties
						of the date and place at which oral argument has been scheduled.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › SCHEDULING OF ARGUMENT › Rule 2313 - Advancement or Continuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Advancement
.-Advancement of the argument of a case, or change
					 from the normal place of argument, shall be allowed only on application.
					 Ordinarily advancement will be granted to the earliest open date convenient to
					 the court, allowing about the usual time contemplated by these rules for the
					 service and filing of the briefs and any reproduced record, unless the
					 objection shall set forth good cause why the case should not be
					 advanced.
(b)
Continuance
.-Continuance of the argument of a case to a later
					 argument list than that designated in the notice from the prothonotary shall be
					 allowed only on application. The appellate court or a designated judge of the
					 appellate court may grant a continuance upon application of less than all
					 parties without notice to the other parties when exigent. A continuance shall
					 be granted only for compelling and persuasive reasons.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › SCHEDULING OF ARGUMENT › Rule 2314 - Non-Appearance of Parties

Current through Register Vol. 54, No. 28, July 13, 2024
If appellant or the moving party is not ready to proceed
						when a case is called for oral argument, the matter may be dismissed as of
						course. The court in its discretion may hear a party who is ready ex parte; or
						the court may act in such manner as under the circumstances may be deemed to be
						appropriate.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › SCHEDULING OF ARGUMENT › Rule 2315 - Time for Argument

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Oral argument is not a matter of right and will
					 be permitted only to the extent necessary to enable the appellate court to
					 acquire an understanding of the issues presented. The presiding judge may
					 terminate the argument for any party notwithstanding the fact that the maximum
					 time for argument specified in the applicable provision of these rules has not
					 been exhausted.
(b)
Assignment to lists
.-Argument lists shall consist of the
					 regular list and short list. All cases listed for argument shall be placed upon
					 the regular list unless all the parties upon
praecipe
to the
					 prothonotary of the appellate court request the case to be placed upon the
					 short list.
(c)
Short
					 list
.-The time for argument of cases on the short list shall be
					 limited to not more than 15 minutes for each side. On days when there are cases
					 on both the short list and on the regular list those on the short list shall be
					 heard first and in order of listing.
(d)
Regular list
.-The time
					 for argument of cases on the regular list shall be limited to not more than 30
					 minutes for each side. When there are two or more appeals from the same order,
					 and in joint appeals, even though they raise different or unrelated questions,
					 the person or persons arguing for all the appellants will be limited to a total
					 of not more than 30 minutes for argument, and the person or persons arguing for
					 all the appellees to a total of not more than 30 minutes. The maximum time
					 shall be divided between or among the appellants or between or among the
					 appellees respectively as they may decide, subject to reduction as prescribed
					 in paragraph (a) of this rule.
This rule cited in 210 Pa. Code §
													67.23 (relating to arguments-time
						  allowed).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › ORDER AND CONTENT OF ARGUMENT › Rule 2321 - Order and Content of Argument

Current through Register Vol. 54, No. 28, July 13, 2024
The appellant shall open, and if permitted by the court
						by way of rebuttal, may conclude the argument. A person presenting argument
						should not read at length from briefs, records, or
						authorities.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › ORDER AND CONTENT OF ARGUMENT › Rule 2322 - Cross and Separate Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
A cross or separate appeal shall be argued with the
						initial appeal at a single argument, unless the court otherwise directs. If a
						case involves a cross appeal, the plaintiff or moving party in the action below
						shall be deemed the appellant for the purposes of these rules unless the
						parties otherwise agree or the court otherwise directs. If two or more parties
						support the same argument, care shall be taken to avoid duplication of
						argument. Where two or more appeals, not being cross-appeals, are heard
						together, each appellant shall open the argument on his appeal, each appellee
						shall reply thereto, and (if permitted by the court by way of rebuttal) not
						more than two appellants will be heard in conclusion.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 23 - SESSIONS AND ARGUMENT › ORDER AND CONTENT OF ARGUMENT › Rule 2323 - Physical Exhibits

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise provided by an appellate court's
						internal operating procedures, if physical exhibits other than documents are to
						be used at the argument, the person presenting argument shall arrange to have
						them placed in the courtroom before the court convenes on the date of the
						argument. After the argument, the person bringing the exhibits shall cause the
						exhibits to be removed from the courtroom unless the court otherwise directs.
						If exhibits are not reclaimed by counsel within a reasonable time after notice
						given by the prothonotary, they shall be destroyed or otherwise disposed of as
						the prothonotary shall think best.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › IN GENERAL › Rule 2501 - Post-submission Communications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-After the argument of a case has been concluded
					 or the case has been submitted, no brief, memorandum or letter relating to the
					 case shall be presented or submitted, either directly or indirectly, to the
					 court or any judge thereof, except upon application or when expressly allowed
					 at bar at the time of the argument.
(b)
Change in status of
					 authorities
.-If any case or other authority relied upon in the brief
					 of a party is expressly reversed, modified, overruled or otherwise affected so
					 as to materially affect its status as an authoritative statement of the law for
					 which originally cited in the jurisdiction in which it was decided, enacted or
					 promulgated, any counsel having knowledge thereof shall file a letter, which
					 shall not contain any argument, transmitting a copy of the slip opinion or
					 other document wherein the authority relied upon was affected.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › APPLICATION FOR REARGUMENT › Rule 2541 - Form of Documents

Current through Register Vol. 54, No. 28, July 13, 2024
All documents relating to applications for reargument
						shall be prepared in the manner prescribed by Pa.R.A.P. 2171 (method of
						reproduction) through Pa.R.A.P. 2174 (table 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 25 - POST-SUBMISSION PROCEEDINGS › APPLICATION FOR REARGUMENT › Rule 2542 - Time for Application for Reargument Manner of Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time.
(1)
General
					 Rule.
Except as otherwise prescribed by this rule, an application for
					 reargument shall be filed with the prothonotary within 14 days after entry of
					 the judgment or other order involved.
(2)
Children's Fast Track
					 Appeals.
In a children's fast track appeal, an application for
					 reargument shall be filed with the prothonotary within 7 days after entry of
					 the judgment or other order involved.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › APPLICATION FOR REARGUMENT › Rule 2543 - Considerations Governing Allowance of Reargument

Current through Register Vol. 54, No. 28, July 13, 2024
Reargument before an appellate court is not a matter of
						right, but of sound judicial discretion, and reargument will be allowed only
						when there are compelling reasons therefor. An application for reargument is
						not permitted from a final order of an intermediate appellate court under:
(1) the Pennsylvania Election Code;
					 or
(2) the Local Government's Unit
					 Debt Act or any similar statute relating to the authorization of public
					 debt.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › APPLICATION FOR REARGUMENT › Rule 2544 - Contents of Application for Reargument

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The
					 application for reargument 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 reference to the order in question, or
					 the portions thereof sought to be reargued, and the date of its entry in the
					 appellate court. If the order is voluminous, it may, if more convenient, be
					 appended to the application.
(2) A
					 specification with particularity of the points of law or fact supposed to have
					 been overlooked or misapprehended by the court.
(3) A concise statement of the reasons relied
					 upon for allowance of reargument.
See
Pa.R.A.P. 2543
					 (considerations governing allowance of reargument).
(4) There shall be appended to the
					 application a copy of any opinions delivered relating to the order with respect
					 to which reargument is sought, and, if reference thereto is necessary to
					 ascertain the grounds of the application for reargument, slip opinions in
					 related cases. If whatever is required by this paragraph to be appended to the
					 application is voluminous, it may, if more convenient, be separately
					 presented.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › APPLICATION FOR REARGUMENT › Rule 2545 - Answer to Application for Reargument

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 an
					 application for reargument, 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. The answer shall
					 set forth any procedural, substantive or other argument or ground why the court
					 should not grant reargument. The answer shall contain the certificate of
					 compliance required by Pa.R.A.P. 127. No separate motion to dismiss an
					 application for reargument 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
					 application for reargument will not be filed. The failure to file an answer
					 will not be construed as concurrence in the request for reargument.
(b)
Children's fast track
					 appeals
.-In a children's fast track appeal, within 7 days after
					 service of an application for reargument, 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. The
					 answer shall set forth any procedural, substantive or other argument or ground
					 why the court should not grant reargument. The answer shall contain the
					 certificate of compliance required by Pa.R.A.P. 127. No separate motion to
					 dismiss an application for reargument 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 application for reargument will not be filed. The failure to file
					 an answer will not be construed as concurrence in the request for
					 reargument.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › APPLICATION FOR REARGUMENT › Rule 2546 - Transmission of Papers to and Action by the Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Transmission of
					 papers
.-Upon receipt of the application for reargument and any answers
					 in opposition, such papers shall be distributed by the prothonotary to the
					 court for its consideration.
(b)
Action by court
.-If an application for reargument is granted,
					 the court may restore the matter to the calendar for reargument, make final
					 disposition of the matter without further oral argument or take such other
					 action as may be deemed appropriate under the circumstances of the particular
					 case. Reargument may be allowed limited to one or more of the issues presented
					 in the application, in which case the order allowing the reargument shall
					 specify the issue or issues which will be considered by the court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › APPLICATION FOR REARGUMENT › Rule 2547 - Subsequent and Untimely Applications

Current through Register Vol. 54, No. 28, July 13, 2024
Second or subsequent applications for reargument, and
						applications for reargument which are out of time under these rules, will not
						be received.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › REMAND OF RECORD › Rule 2571 - Content of Remanded Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The record, as remanded to the lower court or
					 other tribunal, shall consist of the record as certified to the appellate court
					 and, unless the appellate court shall otherwise order, a certified copy of:
(1) The judgment of the appellate
					 court.
(2) The opinion of the
					 appellate court, if one has been filed.
(3) Any direction as to costs or damages
					 entered in the appellate court pursuant to Chapter 27 (fees and costs in
					 appellate courts and on appeal).
(4) Any papers filed in the appellate court
					 evidencing denial of review of the judgment by the Supreme Court of
					 Pennsylvania or the Supreme Court of the United States.
(5) In a criminal matter, a copy of the
					 docket entry under Rule 2572(e) (docket entry of remand).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › REMAND OF RECORD › Rule 2572 - Time for Remand of Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Except as provided in paragraphs (b) or (c), the
					 record shall be remanded after the entry of the judgment or other final order
					 of the appellate court possessed of the record.
(1)
Supreme Court
					 orders
.-The time for the remand of the record following orders of the
					 Supreme Court shall be
(i) Seven days after
					 expiration of the time for filing an appeal or petition for writ of
certiorari
to the United States Supreme Court in cases in
					 which the death penalty has been imposed, and
(ii) 14 days in all other
					 cases.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › REMAND OF RECORD › Rule 2573 - Direct Remand to Court of First Instance

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise ordered by the appellate court in which
						the matter is finally determined, whenever the final order in the matter does
						not contain any direction for further proceedings in an intermediate court in
						which the matter was previously pending, the prothonotary of the appellate
						court shall remand the record directly to:
(1) The lower court specified in the final
					 order of the appellate court, if a direction for further proceedings in such
					 lower court is contained in such final order.
(2) The court of first instance whose order
					 or other determination was affirmed or otherwise permitted to remain unaffected
					 by such final order. The prothonotary of the appellate court shall give written
					 notice in person or by first class mail to the clerk of each intermediate court
					 below through which the record would otherwise be remanded and to each party of
					 the direct remand pursuant to this rule.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 25 - POST-SUBMISSION PROCEEDINGS › REMAND OF RECORD › Rule 2591 - Proceedings on Remand

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-On remand of the record the court or other
					 government unit below shall proceed in accordance with the judgment or other
					 order of the appellate court and, except as otherwise provided in such order,
					 Rule 1701(a) (effect of appeals generally) shall no longer be applicable to the
					 matter.
(b)
Enforcement of
					 appellate court orders
.-At any time, upon its own motion or upon
					 application, an appellate court may issue any appropriate order requiring
					 obedience to or otherwise enforcing its judgment or other order.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › FEES › Rule 2701 - Payment of Fees Required

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A person upon filing any paper shall pay any fee
					 therefor prescribed by law.
(b)
Appeals by allowance or permission; petitions for review.
The
					 fee for filing a petition for allowance of appeal, a petition for permission to
					 appeal or a petition for review shall, except as otherwise required by statute,
					 be the same as the fee payable under Rule 907 (docketing of appeal). Where a
					 petition for allowance of appeal or a petition for permission to appeal has
					 been filed under these rules and is granted, no additional fee, except as
					 otherwise required by statute, shall be payable upon docketing the appeal in
					 the appellate court.
(c)
Temporary fee for filing notice of appeal.
Until otherwise
					 provided by law, the clerk upon filing a notice of appeal under Rule 905
					 (filing of notice of appeal) shall be entitled to receive an amount equal to
					 the fee otherwise payable, if any, upon the filing of a writ issued out of the
					 Supreme Court of Pennsylvania evidencing the fact that an appeal has been taken
					 to the Supreme Court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › FEES › Rule 2702 - Multiple Parties

Current through Register Vol. 54, No. 28, July 13, 2024
Where a joint notice of appeal is filed in the trial
						court or docketed in the appellate court, or a joint petition for allowance of
						appeal is filed under Pa.R.A.P. 512, or a joint petition for review is filed
						under Pa.R.A.P. 512 or otherwise, or a joint petition for permission to appeal
						is filed under Pa.R.A.P. 1312(e), or a joint petition for specialized review is
						filed, or where any other filing under these rules is effected jointly as
						permitted by these rules, only one fee is payable, regardless of the number of
						parties to the filing.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › FEES › Rule 2703 - Erroneously Filed Cases

Current through Register Vol. 54, No. 28, July 13, 2024
Upon a transfer under Rule 751 (transfer of erroneously
						filed cases) the appellant, petitioner or plaintiff shall pay as costs of
						transfer to the clerk of the transferee court within seven days after service
						of an invoice therefor the filing fee for the appeal or other matter in that
						court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › COSTS › Rule 2741 - Parties Entitled to Costs

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided by law:
(1) If an appeal or other matter is
					 dismissed, costs shall be taxed against the appellant or other moving party in
					 the appellate court unless otherwise agreed by the parties or ordered by the
					 court.
(2) If an order is affirmed,
					 costs shall be taxed against the appellant unless otherwise ordered.
(3) If an order is reversed, modified or
					 vacated with a direction for a new trial, costs shall be taxed against the
					 appellee, unless otherwise ordered, or unless the appellee causes the matter to
					 be retried below within one year after the remand of the record, in which event
					 the liability for costs shall follow the final judgment on such retrial unless
					 otherwise ordered.
(4) If an order
					 is reversed, without a direction for a new trial, costs shall be taxed against
					 the appellee unless otherwise ordered, or unless the lower court shall
					 determine that the matter is not finally closed between the parties, and the
					 appellee shall bring a new action against the appellant within 30 days after
					 such determination, in which event the liability for costs shall follow the
					 final judgment in such second or other matter relating to the same cause of
					 action.
(5) If an order is affirmed
					 or reversed in part, or is vacated, costs shall be allowed only as ordered by
					 the court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › COSTS › Rule 2742 - Costs of Briefs and Reproduced Records

Current through Register Vol. 54, No. 28, July 13, 2024
The cost of printing or otherwise producing necessary
						copies of briefs and reproduced records, including copies of the original
						record reproduced under Rule 2151(a) (consideration of matters on the original
						record without the necessity of reproduction) shall be taxable, except as
						otherwise ordered pursuant to Rule 2155 (allocation of cost of reproduced
						record) at rates not higher than those generally charged for such work in this
						Commonwealth.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › COSTS › Rule 2743 - Other Taxable Costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) General
					 rule.-Except as otherwise provided by law, taxable costs on appeal shall
					 include:
(1) Fees in the appellate court paid
					 in the matter pursuant to Rule 2701 (payment of fees required).
(2) In cases in which an evidentiary record
					 is made before the appellate court, other than by the filing of a stipulation
					 of facts, the cost of the original transcript as determined in the same manner
					 as the costs of transcripts in the courts of common pleas are
					 determined.
(3) Costs authorized by
					 or pursuant to this chapter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › COSTS › Rule 2744 - Further Costs. Counsel Fees. Damages for Delay

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to other costs allowable by general rule or
						Act of Assembly, an appellate court may award as further costs damages as may
						be just, including
(1) a reasonable
					 counsel fee and
(2) damages for
					 delay at the rate of 6%
per annum
in addition to legal
					 interest, if it determines that an appeal is frivolous or taken solely for
					 delay or that the conduct of the participant against whom costs are to be
					 imposed is dilatory, obdurate or vexatious. The appellate court may remand the
					 case to the trial court to determine the amount of damages authorized by this
					 rule.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › COSTS › Rule 2751 - Applications for Further Costs and Damages

Current through Register Vol. 54, No. 28, July 13, 2024
An application for further costs and damages must be made
						before the record is remanded, unless the appellate court, for cause shown,
						shall otherwise direct. Such an application must set forth specifically the
						reasons why it should be granted, and shall be accompanied by the opinion of
						the court and the briefs used therein. An application for further costs and
						damages 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 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › COSTS › Rule 2761 - Insertion of Costs in Remanded Record and Taxation of Costs

Current through Register Vol. 54, No. 28, July 13, 2024
Where specific costs are awarded in an appellate court
						under Rule 2155 (allocation of cost of reproduced record) or Rule 2744 (damages
						for delay) or otherwise, the prothonotary of the appellate court shall prepare
						and certify an itemized statement of any such costs taxed in the appellate
						court for inclusion in the remanded record. If the record has been remanded
						before final determination of such costs, the statement, or any amendment
						thereof, may be added to the remanded record at any time upon request to the
						prothonotary of the appellate court. Unless otherwise ordered, all other costs
						on appeal, including any costs awarded by the appellate court under Rule 2155
						or Rule 2744 in terms of a fraction or percentage of any amount which has not
						yet been taxed of record, shall be taxed in the lower court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › COSTS › Rule 2762 - Procedure for Collection of Costs in Appellate Courts and on Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) General
					 rule.-Costs on appeal from a lower court shall be collected in the same manner
					 as costs taxed in such court are collected.
(b) Commonwealth Court.-Costs in the
					 Commonwealth Court which are not collectable under Subdivision (a) of this rule
					 shall be entered by the Prothonotary of the Commonwealth Court as a judgment
					 against the party liable therefor and shall be collected in the same manner as
					 other judgments of the Commonwealth Court are enforced.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 27 - FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL › COSTS › Rule 2771 - Costs on Appeal Taxable in the Lower Court

Current through Register Vol. 54, No. 28, July 13, 2024
Costs incurred in the preparation and transmission of the
						record, the costs of the notes of testimony or other transcript, if necessary
						to a determination of the appeal, the premiums paid for cost of supersedeas
						bonds or other bonds to preserve rights pending appeal, and the fee for filing
						the notice of appeal, shall be taxed in the lower court as costs of the appeal
						in favor of the party entitled to costs under this chapter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › IN GENERAL › Rule 3101 - Appellate Courts Always Open

Current through Register Vol. 54, No. 28, July 13, 2024
An appellate court shall be deemed always open for the
						purpose of filing any proper paper, of issuing and returning process and of
						making applications and orders.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › IN GENERAL › Rule 3102 - Quorum and Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Quorum
. A majority of the Supreme Court and, except as
					 otherwise prescribed in this rule, a panel of three judges of any other
					 appellate court shall be a quorum of the court.
(b)
Absence from panel.
If
					 less than three members of a panel attend a session of the panel, another judge
					 or judges shall be designated to complete the panel if reasonably possible, and
					 if it is not reasonably possible to do so the presiding judge with the consent
					 of the parties present may direct that the matter be heard and determined by a
					 panel of two judges. If the two judges who so heard the matter are unable to
					 agree upon the disposition thereof, the president judge of the court may direct
					 either that the matter be submitted on the briefs to a third judge, or that the
					 matter be reargued before a full panel.
(c)
Commonwealth Court evidentiary
					 hearing and election matters
. A single judge of the Commonwealth Court
					 shall be a quorum of the Court for the purposes of hearing and determining:
(1) Any matter which under the applicable law
					 may be determined in whole or in part upon the record made before the
					 court.
(2) Any election
					 matter.
(3) Any enforcement
					 proceeding under Rule 3761 (relating to enforcement proceedings).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › IN GENERAL › Rule 3103 - Court En Banc

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Composition.
All intermediate appellate courts en banc shall
					 consist of seven members. Insofar as practicable, the president judge shall
					 assign members of the court to en banc panels in such a fashion that each
					 member sits substantially the same number of times with each other member.
(1)
Superior Court
. The
					 court en banc shall consist of no more than nine active members of the
					 court.
(2)
Commonwealth
					 Court.
The court en banc shall consist of seven active members of the
					 court.
Insofar as practicable, the president judge shall assign
						members of the court to en banc panels in such a fashion that each member sits
						substantially the same number of times with each other member.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › IN GENERAL › Rule 3111 - Prothonotary

Current through Register Vol. 54, No. 28, July 13, 2024
Each appellate court shall appoint a clerk of the court,
						who shall be known as the "Prothonotary of (the respective) Court of
						Pennsylvania". The prothonotary shall serve at the pleasure of the
						court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › IN GENERAL › Rule 3112 - Office of the Prothonotary

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be an office of the prothonotary of each
						appellate court, which shall be known as the "Office of the Prothonotary of
						(the respective) Court of Pennsylvania," which shall be the office of the
						prothonotary of the court, and which shall be maintained at such place or
						places as may be specified by rule of court. It shall be supervised by the
						prothonotary of the court who shall, either personally, by deputy, by other
						duly authorized personnel of the system, or by duly authorized agent, exercise
						the power and perform the duties by law vested in and imposed upon the
						prothonotary or the office of the prothonotary of the court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › IN GENERAL › Rule 3113 - Docket and Records

Current through Register Vol. 54, No. 28, July 13, 2024
The prothonotary shall keep, in conformity with law, a
						docket of matters pending and decided in the court, and such other records as
						may be required by law or necessary for the operation of the
						court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › IN GENERAL › Rule 3114 - Original Papers

Current through Register Vol. 54, No. 28, July 13, 2024
No original record or paper shall be taken from its
						appropriate place among the records or files of an appellate court, without a
						written order from a judge of the court, or from the prothonotary or other
						authorized officer, and the giving of a written receipt therefor. If such order
						is given, the officer permitting the record or paper to be removed shall see
						that it is returned immediately on the expiration of the time specified in the
						order, or within one day after it is taken out, if no time is specified
						therein.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 31 - BUSINESS OF THE COURTS GENERALLY › IN GENERAL › Rule 3115 - Inactive Matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The prothonotary shall list for general call at
					 the first session held after September 1 of each year all matters which appear
					 to be inactive for an unreasonable period of time and shall give notice thereof
					 to the parties as provided by Rule 1901(c) of the Pennsylvania Rules of
					 Judicial Administration (prompt disposition of matters; termination of inactive
					 cases). If no action is taken or no written objection is docketed in the matter
					 prior to the commencement of the general call, the prothonotary shall strike
					 the matter from the list and enter an order as of course marking the matter
					 "Terminated Under Pa. R.J.A. 1901." If no good cause for continuing a matter is
					 shown at the general call, an appropriate order shall be entered quashing or
					 non prossing for want of prosecution or marking the matter "Terminated Under
					 Pa. R.J.A. 1901." Thereafter the record shall be remanded as prescribed by
					 these rules.
(b)
Proceedings in lower court.
A termination under this rule
					 terminates proceedings in the appellate court, but does not affect the status
					 of the matter in the lower court, except that the period during which the
					 matter was inactive in the appellate court may be considered by the lower court
					 in making its own determination in the matter under Rule 1901 of the
					 Pennsylvania Rules of Judicial Administration.