THE COURTS
Title 210--APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
[210 PA. CODE CHS. 1, 9, 11, 13, 15 AND 17]
Adoption of New Pa.Rs.A.P. 120 and 1703 and Proposed Amendments to the Notes to Pa.Rs.A.P. 121, 907, 1112, 1311 and 1514
[32 Pa.B. 5259]
Internal Recommendation No. 36 The Appellate Court Procedural Rules Committee proposes to adopt new Rules 120 and 1703 and amend existing Rules 121, 907, 1112, 1311 and 1514 of the Pennsylvania Rules of Appellate Procedure. These proposals are being submitted to the bench and bar for comments and suggestions prior to their submission to the Supreme Court.
All communications in reference to the proposed adoption and amendments should be sent not later than sixty days from the date of this publication to Dean R. Phillips, Esquire, P. O. Box 3010, 925 Harvest Drive, Blue Bell, PA 19422.
The Explanatory Comment published with this proposal has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.
By the Appellate Court Procedural Rules Committee
HONORABLE JOSEPH A. HUDOCK,
Chair
Annex A
TITLE 210. APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
ARTICLE I. PRELIMINARY PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
DOCUMENTS GENERALLY Rule 120. Entry of Appearance.
(a) Filing. 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 Rules 907(b), 1112(f), 1311(d) or 1514(d). New counsel appearing for a party after docketing pursuant to Rules 907(b), 1112(f), 1311(d) or 1514(d) shall file an entry of appearance simultaneous with or prior to the filing of any papers signed by new counsel. The entry of appearance shall specifically designate each party the attorney represents and the attorney shall file a certificate of service pursuant to Subdivision (d) of Rule 121 and Rule 122. Where new counsel enters an appearance on behalf of a party currently represented by counsel and there is no simultaneous withdrawal of appearance, new counsel shall serve the party that new counsel represents and all other counsel of record and file a certificate of service.
Official Note: See Subdivision (b) of Rule 907. Subdivision (f) of Rule 1112, Subdivision (d) of Rule 1311 and Subdivision (d) of Rule 1514.
Rule 121. Filing and Service.
* * * * * Official Note:
* * * * * With respect to appearances by new counsel following the initial docketing of appearances pursuant to Subdivision (d) of this rule, please note the requirements of Rule 120.
ARTICLE II. APPELLATE PROCEDURE
CHAPTER 9. APPEALS FROM LOWER COURTS Rule 907. Docketing of Appeal.
* * * * * Official Note:
* * * * * With respect to appearances by new counsel following the initial docketing appearances pursuant to Subdivision (b) of this rule, please note the requirements of Rule 120.
[See Explanatory Note--1979 following Rule 905]
CHAPTER 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT
PETITION FOR ALLOWANCE OF APPEAL Rule 1112. Appeals by Allowance.
* * * * * Official Note:
* * * * * The U.S. Postal Service Form may be in substantially the following form:
* * * * * With regard to Subdivision (f) and withdrawal of appearance without leave of the appellate court, counsel may nonetheless be subject to trial court supervision pursuant to Pa.R.Crim.P. 904 (Appointment of Counsel; Forma Pauperis).
With respect to appearances by new counsel following the initial docketing of appearances pursuant to Subdivision (f) of this rule, please note the requirements of Rule 120.
CHAPTER 13. INTERLOCUTORY APPEALS BY PERMISSION Rule 1311. Interlocutory Appeals by Permission.
* * * * * Official Note:
* * * * * With respect to appearances by new counsel following the initial docketing of appearances pursuant to Subdivision (d) of this rule, please note the requirements of Rule 120.
CHAPTER 15. JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS
PETITION FOR REVIEW Rule 1514. Filing and Service of the Petition for Review.
* * * * *
Explanatory Note--1979 * * * * * With respect to appearances by new counsel following the initial docketing of appearances pursuant to Subdivision (d) of this rule, please note the requirements of Rule 120.
CHAPTER 17. EFFECT OF APPEALS; SUPERSEDEAS AND STAYS
IN GENERAL Rule 1703. Contents of Application for Stay.
In addition to the requirements set forth in Rule 123 (Application for Relief) an Application for stay pursuant to this chapter shall set forth the procedural posture of the case, including the result of any application for relief in any court below or federal court, the specific rule under which a stay or supersedeas is sought, grounds for relief, and, if expedited relief is sought, the nature of the emergency. The Application shall also identify and set forth the procedural posture of all related proceedings.
Explanatory Comment to Internal Recommendation No. 36 The proposed adoption of new Pa.R.A.P. 120 and 1703 and amendments to the Notes to Pa.R.A.P. 121, 907, 1112, 1311 and 1514 addresses the problem of representation of appellants where new counsel purports to represent an appellant while that party is already represented by existing counsel.
The proposed recommendation would adopt new Rule 120 (Entry of Appearance) requiring any counsel filing papers to enter an appearance designating who the party represents unless that counsel has been previously noted on the docket as counsel pursuant to Rules 121, 907(b), 1112(f), 1311(d) or 1514(d). The new Rule requires counsel who enters an appearance on behalf of a party who is already represented to serve the entry of appearance on the party and all other counsel of record.
This recommendation also proposes to adopt new Rule 1703 requiring any party seeking a stay to set forth the procedural posture of the case including: the result of any application for relief in any court below or federal court, the specific rule under which a stay or supersedeas is sought, grounds for relief, and, if expedited relief is sought, the nature of the emergency. The application shall also identify and set forth the procedural posture of all related proceedings. The Committee believes that this proposed new Rule will more easily address duplicative filings in multiple forums and orient counsel to their obligations to the Court when seeking emergency relief.
Finally, this recommendation proposes an internal mechanism which provides the Prothonotary with authority on a case-by-case basis to require warrants of attorney, entries of appearance and/or withdrawals of appearance similar to procedure utilized currently in the federal system. The Prothonotary would be given authority to issue a Rule requiring counsel to explain or justify conflicting representation and/or filings, where there is an actual dispute regarding representation or where there are inconsistent multiple filings. It would then be necessary for the Court to resolve the dispute. This would allow the Prothonotary to assemble facts and legal issues for the Court on an expedited basis especially where it appears that counsel is not representing the actual wishes of appellant. This is particularly important where an appellant has filed a pro se filing challenging the actions of an attorney or next friend purportedly acting on his behalf, but actually acting against appellant's wishes. The Committee suggests that the Court provide latitude to the Prothonotary to review such pro se filings and forward them to the court in appropriate cases.
[Pa.B. Doc. No. 02-1870. Filed for public inspection October 25, 2002, 9:00 a.m.]
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