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PA Bulletin, Doc. No. 07-926

THE COURTS

PART I. RULES OF APPELLATE PROCEDURE

[210 PA. CODE CH. 19]

Order Adopting Amendments to Pa.R.A.P 1931; No. 179 Appellate Procedural Rules; Doc. No. 1

[37 Pa.B. 2408]
[Saturday, May 26, 2007]

Order

Per Curiam:

   And Now, this 10th day of May, 2007, 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 Pennsylvania Rule of Appellate Procedure 1931 is amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective 60 days after adoption.

   Mr. Justice Fitzgerald did not participate in the consideration or decision of this matter.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

ARTICLE II. APPELLATE PROCEDURE

CHAPTER 19. PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS

RECORD ON APPEAL FROM LOWER COURT

Rule 1931. Transmission of the Record.

   (a)  Time for transmission.--The record on appeal, including the transcript and exhibits necessary for the determination of the appeal, shall be transmitted to the appellate court within [40] 60 days after the filing of the notice of appeal. If an appeal has been allowed or if permission to appeal has been granted, the record shall be transmitted as provided by Rule 1122 (allowance of appeal and transmission of record) or by Rule 1322 (permission to appeal and transmission of record), as the case may be. The appellate court may shorten or extend the time prescribed by this subdivision for a class or classes of cases.

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   (d)  Service of the [ List of Record Documents] list of record documents.--The clerk of the lower court shall, at the time of the transmittal of the record to the appellate court, mail a copy of the list of record documents to all counsel of record, or if unrepresented by counsel, to the parties at the address they have provided to the clerk. The clerk shall note on the docket the giving of such notice.

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Explanatory Comment--2007

   The 2007 amendment expands the time period for the trial court to transmit the certified record, including any opinions drafted pursuant to Pa.R.A.P. 1925(a), from forty to sixty days. Theappellate court retains the ability to establish a shorter (or longer) period of time for the transmittal of the record in any class or classes of cases.

[Pa.B. Doc. No. 07-926. Filed for public inspection May 25, 2007, 9:00 a.m.]


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