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PA Bulletin, Doc. No. 01-815

THE COURTS

[210 PA. CODE CH. 9]

Amendment to Pa.R.A.P. 903 and Note; No. 128; Appellate Court Rules Doc. No. 1

[31 Pa.B. 2469]

Order

Per Curiam:

   Now, this 26th day of April, 2001, upon the recommendation of the Appellate Court Procedural Rules Committee, this Recommendation having been submitted without publication in the interest of justice pursuant to Pa.R.J.A. 103(a)(3):

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the amendments to Pa.R.A.P. 903 and Note thereto are adopted in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective July 1, 2001.

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE II.  APPELLATE PROCEDURE

CHAPTER 9.   APPEALS FROM LOWER COURTS

Rule 903.  Time for Appeal.

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   (c)  Special provisions. Notwithstanding any other provision of this rule[,]:

   (1) [an]  An appeal from any of the following orders shall be taken within ten days after the entry of the order from which the appeal is taken:

   [(1)] (i)  An order changing venue or venire in a criminal proceeding. See Rule 311(a)(3) (change of criminal venue or venire).

   [(2)] (ii)  An order in any matter arising under the Pennsylvania Election Code.

   [(3)]  (iii) An order in any matter arising under the Local Government Unit Debt Act or any similar statute relating to the authorization of public debt.

   (2)  Where an election has been filed under Rule 311(b) (order sustaining venue or personal or in rem jurisdiction), the [ten day period under this subdivision shall run from] notice of appeal shall be filed within 30 days after the filing of the election.

Official Note:

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   [Subdivision (a) is patterned after 42 Pa.C.S. § 5571(b) (other courts). Where an appeal is taken under Rule 311 (interlocutory appeals as of right), unless an extension to plead is obtained it will as a practical matter continue to be necessary to take the appeal within the 20 day pleading period specified in Pa.R.Civ.P. 1026.]

*      *      *      *      *

Explanatory Comment--2000

   The 2000 amendment to Subdivision (c) clarifies that the appeal period for appealing from orders in civil cases sustaining venue or personal or in rem jurisdiction runs from the date of the election under Pa.R.A.P. 311(b)(1), not the date of the original order. The 2000 amendment extends the appeal period following such an election from ten days to thirty days to conform the appeal period for civil orders changing venue pursuant to Pa.R.A.P. 311(c).

   The portion of the Note suggesting the necessity of taking an appeal within the 20 day pleading period is misleading and is deleted. For this reason, the bracketed material of the note is deleted.

[Pa.B. Doc. No. 01-815. Filed for public inspection May 11, 2001, 9:00 a.m.]


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