Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 96-888

THE COURTS

Title 210--APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

[210 PA. CODE CH. 11]

Amendments to Rule 1123; No. 101; Doc. No. 1

[26 Pa.B. 2482]

Order

Per Curiam:

   And Now, this 16th day of May, 1996, the amendment to Rule 1123 of the Pennsylvania Rules of Appellate Procedure is adopted as follows.

   To the extent that notice of proposed rulemaking would be required by Rule 103, Pa.R.J.A. or otherwise, the immediate amendment of Rule 1123 is hereby found to be required in the interest of justice and efficient administration.

   This order shall be processed in accordance with Rule 103(b), Pa.R.J.A. and shall become effective July 1, 1996.

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE II.  APPELLATE PROCEDURE

CHAPTER 11.  APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT

PETITION FOR ALLOWANCE OF APPEAL

Rule 1123.  Denial of Appeal; Reconsideration.
 

*      *      *      *      *

   (b)  Reconsideration. Applications for reconsideration of denial of allowance of appeal are not favored and will be considered only in the most extraordinary circumstances. An application for reconsideration of denial of a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within [seven] fourteen days after [service of notice of] entry of the order denying the petition for allowance of appeal. Any application filed under this subdivision must:
 

*      *      *      *      *

   (c)  Manner of filing. If the application for reconsideration is transmitted to the prothonotary of the appellate court by means of first class mail, the application shall be deemed received by the prothonotary for the purposes of Rule 121(a) (filing) on the date deposited in the United States mail as shown on a United States Postal Service Form 3817 Certificate of Mailing. The certificate of mailing shall show the docket number of the matter in the court in which reconsideration is sought and shall be enclosed with the application or separately mailed to the prothonotary. Upon actual receipt of the application, the prothonotary shall immediately stamp it with the date of actual receipt. That date, or the date of earlier deposit in the United States mail as prescribed in this subdivision, shall constitute the date when application was sought, which date shall be shown on the docket.

   Official Note:  [This rule is based on the last paragraph of former Supreme Court Rule 62 and U. S. Supreme Court Rule 58. Under Rule 105(b) the time for reconsideration may be enlarged by order.

   It is important to note that unlike certain other provisions of these rules, the mailing of an application for reconsideration does not toll the time for seeking reconsideration. Under this rule and Rule 121 (filing and service) the petition for reconsideration must be received by the Prothonotary within the applicable period.] The 1996 amendment to subdivision (b) lengthens the time for filing an application for reconsideration from seven days after service of notice of entry of the order denying a petition for allowance of appeal to fourteen days after entry of the order. The 1996 amendment adding subdivision (c) provides that an application shall be deemed received on the date deposited in the United States mail as shown on a United States Postal Service Form 3817--certificate of mailing. These amendments conform reconsideration practice under Rule 1123 to reargument practice under Rule 2542.

[Pa.B. Doc. No. 96-888. Filed for public inspection May 31, 1996, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.