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PA Bulletin, Doc. No. 04-363

THE COURTS

Title 210--APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

[210 PA. CODE CH. 21]

Order Adopting Pa.R.A.P. 2117; No. 149 Appellate Procedural Rules; Doc. No. 1

[34 Pa.B. 1320]

Order

Per Curiam:

   And Now, this 18th day of February, 2004, upon the recommendation of the Appellate Court Procedural Rules Committee, the proposal having been published before adoption at 33 Pa.B. 4552 (September 13, 2003),

   It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that the amendment to Pa.R.A.P. 2117 is adopted.

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

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

Official Note:

*      *      *      *      *

   The 2004 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. 04-363. Filed for public inspection March 5, 2004, 9:00 a.m.]


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