In re Order Amending Rules 102
| Decision Date | 07 January 2020 |
| Docket Number | APPELLATE PROCEDURAL RULES DOCKET NO. 287 |
| Parties | IN RE: ORDER AMENDING RULES 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501, 1502, 1503, 1504, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1531, 1532, 1541, 1542, 1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 AND ADOPTING RULES 1601, 1602, 1603, 1604, 1605, 1606, 1610, 1611, 1612, 1613 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE |
| Court | Pennsylvania Supreme Court |
AMENDED ORDER
AND NOW, this 7th day of January, 2020, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been published for public comment at 46 Pa.B. 2518 (May 21, 2016):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501, 1502, 1503, 1504, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1531, 1532, 1541, 1542, 1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 of the Pennsylvania Rules of Appellate Procedure are amended and Rules 1601, 1602, 1603, 1604, 1605, 1606, 1610, 1611, 1612, and 1613 of the Pennsylvania Rules of Appellate Procedure are adopted in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective August 1, 2020.
Additions to the rule are shown in bold and are underlined.
Deletions from the rule are shown in bold and brackets.
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] 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.
Note: Under these rules a "subordinate governmental determination" includes an order of a trial court. The definition of "government unit" includes courts, and the definition of "determination" includes action or inaction by (and specifically an order entered by) a court or other government unit. In general, any appeal now extends to the whole record, with like effect as upon an appeal from a judgment entered upon the verdict of a jury in an action at law and the scope of review of an order on appeal is not limited as on broad or narrow certiorari. See 42 Pa.C.S. § 5105(d) (scope of appeal).
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. §§ 53[0]21 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 (); or (b) a statement pursuant to Pa.R.A.P. 2119(f) (). See 42 Pa.C.S. § 9781.
Petition for permission to appeal.—A petition under Pa.R.A.P. 1311 ().
Petition for review.—A petition under [Pa.R.A.P. 1511 ()] 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 ().
Official Note: Based on 42 Pa.C.S. § 102 (definitions). The definition of "determination" is not intended to affect the scope of review provided by 42 Pa.C.S. § 5105(d) (scope of appeal) or other provision of law.
(a) Liberal construction and modification of rules.—These rules shall be liberally construed to secure the just, speedy, and inexpensive determination of every matter to which they are applicable. In the interest of expediting decision, or for other good cause shown, an appellate court may, except as otherwise provided in [Subdivision] paragraph (b) of this rule, disregard the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction.
(b) Enlargement of time.—An appellate court for good cause shown may upon application enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time, but the court may not enlarge the time for filing a notice of appeal, a petition for allowance of appeal, a petition for permission to appeal, [or] a petition for review, or a petition for specialized review.
Official Note: 42 Pa.C.S. § 5504 [] provides that the time limited by, [inter alia] inter alia, Chapter 55D [(appeals)] of the Judicial Code shall not be extended by order, rule, or otherwise, except that the time limited may be extended to relieve fraud or its equivalent, but [that] there [shall] will be no extension of time as a matter of indulgence or with respect to any criminal proceeding. However, under 42 Pa.C.S. § 5571(a), [(appeals generally)] statutory time limits under Chapter 55D do not apply to appeals to or other judicial review by the Supreme, Superior, or Commonwealth Courts.
[Subdivision] Paragraph (b) of this rule is not intended to affect the power of a court to grant relief in the case of fraud or breakdown in the processes of a court.
Any counsel filing papers required or permitted to be filed in an appellate court must enter an appearance with the prothonotary of the appellate court unless that counsel has been previously noted on the docket as counsel pursuant to Pa.R.A.P. 907(b), 1112(f), 1311(d), [or] 1514(d), or 1602(d). New counsel appearing for a party after docketing pursuant to Pa.R.A.P. 907(b), 1112(f), 1311(d), [or] 1514(d), or 1602(d) shall file an entry of appearance...
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