THE COURTS

Title 210--APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

[210 PA. CODE CHS. 1 AND 21]

Proposed Amendments to Pa.R.A.P. 124, 2135 and 2171

[32 Pa.B. 2751]

   The Appellate Court Procedural Rules Committee proposes to amend Pennsylvania Rules of Appellate Procedure 124, 2135 and 2171. The amendments are being submitted to the bench and bar for comments and suggestions prior to their submission to the Supreme Court.

   Proposed new material is bold while deleted material is bold and bracketed.

   All communications in reference to the proposed amendments should be sent not later than July 20, 2002 to the Appellate Court Procedural Rules Committee, c/o Dean R. Phillips, Esquire, P. O. Box 3010, 925 Harvest Drive, Blue Bell, PA 19422.

   An Explanatory Comment follows the proposed amendments and 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 Appellate Court Procedural Rules Committee

HONORABLE JOSEPH M. AUGELLO,   
Chair

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE I.  PRELIMINARY PROVISIONS

CHAPTER 1.  GENERAL PROVISIONS

DOCUMENTS GENERALLY

Rule 124.  Form of Papers; Number of Copies.

   (a)  Size and other physical characteristics.--[No paper or other document may be filed in an appellate court on any paper other than paper approximating 8 1/2 inches by 11 inches in size. Any paper or other document filed in an appellate court shall be sufficient as to format and other physical characteristics if it substantially complies with the following requirements:] All documents filed in an appellate court shall be on 8 1/2 inch by 11 inch paper and shall comply with the following requirements:

   (1)  [Prepared] The document shall be prepared on white paper (except for covers, dividers and similar sheets) of good quality [with typed or printed matter 6 1/2 inches by 9 1/2 inches].

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   (3)  [The lettering shall be clearly legible and, except as otherwise prescribed in Rule 2171 (method of reproduction) for printed paperbooks, shall be not smaller than typewriting pica with line spacing (except for quotations) not closer than typewriting double spacing.] The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Except as provided in subdivision (2), margins must be at least one inch on all four sides.

   (4)  The lettering shall be clear and legible and no smaller than point 11. The lettering shall be on only one side of a page, except that exhibits and similar supporting documents and paperbooks may be lettered on both sides of a page.

   (5)  [Firmly bound.] Any metal fasteners or staples must be covered. Documents and papers must be firmly bound.

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   (c)  Copies.--Except as otherwise prescribed by these rules:

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   (2)  An original and [seven] eight copies of any other application in the Supreme Court and an original and three copies of any other application in the Superior Court or the Commonwealth Court shall be filed but the court may require that additional copies be furnished.

   [Official Note: Subdivision (a) is intended to provide a ''safe harbor'' upon which the bar may rely in preparing appellate papers. The effect of the 8 1/2 inch by 11 inch requirement will be to effectively mandate the future use of letter-size paper throughout the unified judicial system, since the requirement extends to original records filed pursuant to Chapter 19 (preparation and transmission of record and related matters). The requirement is prospective only, however. It will not be necessary or appropriate to transcribe any existing legal-size or printed brief-size (6 inch by 9 inch) documents onto letter-size paper. Moreover, it is anticipated that a reasonable time (approximately six months after the requirement takes effect) will be required to permit the exhaustion of existing supplies of legal-size forms and other documents. After March 1, 1980 the clerk of a court should accept a document (whether an order, opinion, transcript, pleading, brief, reproduced record or otherwise) on other than letter-size paper only upon a showing of exceptional circumstances.

   Paragraph (a)(5) is based on Third Circuit Rule 21(2)A(b).

   Under these rules a reference to ''two copies'' or the like does not imply that a third document is required; the terminology is used so as to permit the filing party to retain the executed original and file only photocopies. Thus under Rule 905 (filing of notice of appeal) an original and two copies of the notice of appeal are not required; only two photocopies.

   Explanatory Note: Supreme Court ''short paper'' (i.e. 11 inch rather than 13 or 14 inch legal size) rule is extended to the entire Pennsylvania judicial system. This result follows from a new requirement that all papers filed in an appellate court, including the original record made before the trial court, be submitted on short paper. The change also applies to printed paperbooks (briefs and reproduced records). The note to the rule makes clear that the change is prospective only, but that by early 1980 it is anticipated that the bar and all elements of the Pennsylvania judicial system will have converted over to the use of modern letter-size paper.]

ARTICLE II.  APPELLATE PROCEDURE

CHAPTER 21.  BRIEFS AND REPRODUCED RECORD

CONTENT OF BRIEFS

Rule 2135.  Length of Briefs.

   [Except by permission of the court, briefs (exclusive of pages containing the table of contents, tables of citations and any addendum containing opinions, etc., or any other similar supplementary matter provided for by these rules) shall not exceed:

   (1)  50 pages of conventional typographical printing or 70 pages of reproduction by any other process of duplicating or copying, in the case of principal briefs.

   (2)  15 pages of conventional typographical printing or 25 pages of reproduction by any other process of duplicating or copying, in the case of reply briefs.]

   Unless otherwise provided by an appellate court:

   (a)  a principal brief shall not exceed 70 pages of production when produced on a word processor/computer or typewriter.

   (b)  a reply brief shall not exceed 25 pages of production when produced on a word processor/computer or typewriter.

   Official Note: The 2002 amendment eliminates a confusing distinction between typewritten, word processor/computer and conventional offset printing methods of production which are no longer meaningful. In light of the 1979 amendments eliminating paperbooks and the advances in word processor/computer technology, offset printing of briefs has become obsolete as a method for production of briefs. The 2002 amendment permits typewritten briefs despite the fact that the vast majority of briefs are produced on word processor/computers.

   A principal brief is any party's initial brief and, in the case of a cross appeal, the appellant's second brief, which responds to the initial brief in the cross appeal. See the notes to Pa.R.A.P. 2136. Reply briefs permitted by Rule 2113 and any subsequent brief permitted by leave of court are subject to the page limit set by this rule.

   It is important to note that each appellate court has the option of reducing the number of pages allowed for a brief, either by general rule, see Chapter 33 (Business of the Supreme Court), Chapter 35 (Business of the Superior Court), and Chapter 37 (Business of the Commonwealth Court), or by order in a particular case.

FORM OF BRIEFS AND REPRODUCED RECORD

Rule 2171.  Method of Reproduction. Separate Brief and Record.

   (a)  General Rule.--Briefs and reproduced records may be [produced] reproduced by [conventional typographical printing or by] any duplicating or copying process which produces a clear black image on white paper. [Briefs and records reproduced by conventional typographical printing shall be printed throughout from type at least as large as point 11 with 2 point lead. Briefs and records not reproduced by conventional typographical printing shall be firmly bound at the left margin so that they may be conveniently bound together as a volume.] Briefs and records shall comply with the requirements of Rule 124 and shall be firmly bound at the left margin.

   (b)  Separate brief and record.--In all cases the reproduced record may be [reproduced] bound separately, and must be if it and the brief together contain more than 100 pages.

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   [Explanatory Note: Conforming changes are made to this rule.]

Explanatory Comment

Internal Recommendation 48
Proposed Amendments to Pa.R.A.P. 124, 2135 and 2171

   The proposed amendments to Pa.R.A.P. 124, 2135 and 2171 eliminates a confusing distinction between typewritten, word processors or computers and conventional offset printing methods of production which are no longer meaningful and provides for a uniform general approach to the number of pages permitted in all appellate courts. However, an appellate court may adopt a different page limit, either by general rule or by order in a particular case. See Note to Rule 2135.

   The proposed amendments permit typewritten briefs despite the fact that the vast majority of briefs are produced on word processors or computers. It should be understood that a typewriter yields fewer characters per line due to the process of ''kerning'' by word processors which is the subtraction of space between two characters making them closer together. These proposed amendments, however, do not allow a commensurate expansion of page limits for typed briefs, without leave of court.

   A principal brief is any party's initial brief, and, in the case of a cross appeal, the appellant's second brief, which responds to the initial brief in the cross appeal. Reply briefs permitted under Rule 2113 and any subsequent brief permitted by leave of court are subject to the page limit set by these proposed amendments.

   Counsel should also note that the Supreme Court is requesting an original and eight copies of any application filed with the Court. Previously, only seven copies were required.

[Pa.B. Doc. No. 02-974. Filed for public inspection June 7, 2002, 9:00 a.m.]

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