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PA Bulletin, Doc. No. 03-1789

THE COURTS

PART I. RULES OF APPELLATE PROCEDURE

[210 PA. CODE CH. 21]

Proposed Amendment of Rule 2117, Statement of the Case

[33 Pa.B. 4552]

   The Appellate Court Procedural Rules Committee proposes to amend Pennsylvania Rules of Appellate Procedure 2117 (Statement of the Case). The amendment is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed amendment should be sent no later than September 30, 2003 to the Appellate Court Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, PA 17055.

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 II.  APPELLATE PROCEDURE

CHAPTER 21.  BRIEFS AND REPRODUCED RECORD

CONTENT OF BRIEFS

Rule 2117. Statement of the Case.

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   (d)  [Appeals from case stated] Appeals from cases submitted on stipulated facts.--When the appeal is from an order on a [case stated, in the nature of a special verdict,] case submitted on stipulated facts, the statement of the case may consist of the facts as [agreed upon] stipulated by the parties.

Official Note:

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   The 2003 amendment replaces references in subdivision (d) to appeals from a ''case stated'' because this procedure was abolished pursuant to Pa.R.C.P. 1038.2. In its place, the Supreme Court adopted Pa.R.C.P. 1038.1 providing for a ''case submitted on stipulated facts.'' The statement of the case under subdivision (a)(1) of this rule may now only consist of those facts stipulated to by the parties.

[Pa.B. Doc. No. 03-1789. Filed for public inspection September 12, 2003, 9:00 a.m.]


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