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PA Bulletin, Doc. No. 08-1832

THE COURTS

Title 210--APPELLATE PROCEDURE

ARTICLE II.  APPELLATE PROCEDURE

[210 PA. CODE CH. 11]

Order Amending PA.R.A.P 1115; No. 196 Appellate Procedural Rules; Doc. No. 1

[38 Pa.B. 5589]
[Saturday, October 11, 2008]

Order

Per Curiam:

   And Now, this 25th day of September, 2008, 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. No. 103(a)(3):

   It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that Pennsylvania Rule of Appellate Procedure 1115 is amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall become effective as to all petitions for allowance of appeal filed more than 30 days after entry of the order.

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

ARTICLE I. PRELIMINARY PROVISIONS

CHAPTER 11.  APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT

Rule 1115.  Content of the Petition for Allowance of Appeal.

   (a)  General rule.--The petition for allowance of appeal need not be set forth in numbered paragraphs in the manner of a pleading, and shall contain the following (which shall, insofar as practicable, be set forth in the order stated):

*      *      *      *      *

   (6)  There shall be appended to the petition a copy of any opinions delivered relating to the order sought to be reviewed, as well as all opinions of government units or lower courts in the case, and, if reference thereto is necessary to ascertain the grounds of the order, opinions in companion cases. If an application for reargument was filed in the Superior Court or Commonwealth Court, there also shall be appended to the petition a copy of any order granting or denying the application for reargument. If whatever is required by this paragraph to be appended to the petition is voluminous, it may, if more convenient, be separately presented.

   (7)  There shall be appended to the petition the verbatim texts of the pertinent provisions of constitutional provisions, statutes, ordinances, regulations or other similar enactments which the case involves, and the citation to the volume and page where they are published, including the official edition, if any.

*      *      *      *      *

Explanatory Comment 2008

   The purpose of the requirement in Subsection (a)(6) requiring the attachment of any order granting or denying an application for reargument (which also includes applications for ''reconsideration'' and ''rehearing'', see Pa.R.A.P. 102) filed in the Superior Court or Commonwealth Court is to allow the Prothonotary of the Supreme Court to confirm compliance with the time requirements for filing a petition for allowance of appeal under Pa.R.A.P. 1113(a).

[Pa.B. Doc. No. 08-1832. Filed for public inspection October 10, 2008, 9:00 a.m.]


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