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PA Bulletin, Doc. No. 97-1138

THE COURTS

Title 210--APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE
[210 PA. CODE CH. 3]

[Correction]

Collateral Orders; No. 108; Doc. No. 1

[27 Pa.B. 3995]

   An error appeared at 27 Pa.B. 3503, 3504 (July 19, 1997). Rule 313 (relating to collateral orders) was inadvertently rescinded. The text of the rule is being printed in Annex A.

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE I.  PRELIMINARY PROVISIONS

CHAPTER 3.  ORDERS FROM WHICH APPEALS MAY BE TAKEN

INTERLOCUTORY APPEALS

Rule 313.  Collateral Orders.

   (a)  General Rule. An appeal may be taken as of right from a collateral order of an administrative agency or lower court.

   (b)  Definition. A collateral order is an order separable from and collateral to the main cause of action where the right involved is too important to be denied review and the question presented is such that if review is postponed until final judgment in the case, the claim will be irreparably lost.

   Official Note: Rule 313 is a codification of existing case law with respect to collateral orders. See Pubar v. Greco, 483 Pa. 68, 73, 394 A.2d 542, 545 (1978) (quoting Cohen v. Beneficial Industrial Corp., 337 U. S. 541 (1949)). Examples of collateral orders include an order denying a pre-trial motion to dismiss based on double jeopardy, Commonwealth v. Brady, 510 Pa. 363, 508 A.2d 286, 289-91 (1986) (allowing an immediate appeal from denial of double jeopardy claim under collateral order doctrine where trial court makes a finding that motion is not frivolous); an order denying a petition to permit the payment of death taxes, Hankin v. Hankin, 338 Pa. Super. 442, 487 A.2d 1363 (1985); and an order denying a petition for removal of an executor, Re: Estate of Georgianna, 312 Pa. Super. 339, 458 A.2d 989 (1983), aff'd, 504 Pa. 510, 475 A.2d 744. Thorough discussions of the collateral order doctrine as it has been applied by Pennsylvania appellate courts are found in the following sources: Darlington, McKeon, Schuckers and Brown, 1 Pennsylvania Appellate, Practice Second Edition, §§ 313:1-313:201 (1994) and Byer, Appealable orders under the Pennsylvania Rules of Appellate Procedures in Practice and Procedures in Pennsylvania Appellate Courts (PBI No. 1994-869); Pines, Pennsylvania Appellate Practice: Procedural Requirements and the Vagaries of Jurisdiction, 91 Dick. L. Rev. 55, 107-115 (1986).

   If an order falls under Rule 313, an immediate appeal may be taken as of right simply by filing a notice ofappeal. The procedures set forth in Rules 341(c) and 1311 do not apply under Rule 313.

[Pa.B. Doc. No. 97-97-1138. Filed for public inspection July 18, 1997, 9:00 a.m.]

   


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