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PA Bulletin, Doc. No. 13-2250

THE COURTS

PART I. RULES OF APPELLATE PROCEDURE

[ 210 PA. CODE CH. 19 ]

Order Amending Rule 1973 of the Rules of Appellate Procedure; No. 238 Appellate Procedural Rules Doc.

[43 Pa.B. 7074]
[Saturday, December 7, 2013]

Order

 Per Curiam

 And Now, this 19th day of November, 2013, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration:

 It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Appellate Procedure 1973 is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective December 20, 2013.

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

DISPOSITION WITHOUT REACHING THE MERITS

Rule 1973. Discontinuance.

 (a) General rule.—An appellant may discontinue an appeal or other matter as to all appellees as a matter of course [at any time prior to argument] until 14 days after the date on which the appellee's principal brief is due, or thereafter by leave of court upon application. A discontinuance may not be entered by appellant as to less than all appellees except by stipulation for discontinuance signed by all the parties, or by leave of court upon application. Discontinuance by one appellant shall not affect the right of any other appellant to continue the appeal.

 (b) Filing of discontinuance.—If an appeal has not been docketed, the appeal may be discontinued in the lower court. Otherwise all papers relating to the discontinuance shall be filed in the appellate court and the appellate prothonotary shall give written notice of the discontinuance in person or by first class mail to the prothonotary or clerk of the lower court or to the clerk of the government unit, to the persons named in the proof of service accompanying the appeal or other matter and to the Administrative Office. If an appeal has been docketed in the appellate court, the prothonotary or clerk of the lower court or the clerk of the government unit shall not accept a praecipe to discontinue the action until it has received notice from the appellate court prothonotary or certification of counsel that all pending appeals in the action have been discontinued.

 Official Note: [Based on former Supreme Court Rule 20A; former Superior Court Rule 10A, and former Commonwealth Court Rule 28 (except last sentence).] When leave of court is required for discontinuance, the appellant must file an application for relief pursuant to Pa.R.A.P. 123. Prompt discontinuance of an appeal once there is a reason to do so promotes efficient use of judicial resources.

[Pa.B. Doc. No. 13-2250. Filed for public inspection December 6, 2013, 9:00 a.m.]


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