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PA Bulletin, Doc. No. 04-895

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. 2688]

Amended 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 following 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.

*      *      *      *      *

   (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:

*      *      *      *      *

   Subdivision (c) is new. Rule 2119(e) (statement of place of raising or preservation of issues) requires that the argument contain a reference to the manner of raising or preservation of an issue in immediate connection with the argument relating thereto. See Rule 302 (requisites for reviewable issue), and Rule 1551(a) (review of quasijudicial orders).

   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)(4) of this rule may now only consist of those facts stipulated to by the parties.

[Pa.B. Doc. No. 04-895. Filed for public inspection May 21, 2004, 9:00 a.m.]


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