THE COURTS
Title 210—APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
[ 210 PA. CODE CHS. 1, 5, 7, 9, 11, 13, 15, 17, 19, 21, 25 AND 27 ]
Proposed Adoption of Pa.R.A.P. 127 and Proposed Amendment of Pa.R.A.P. 123, 531, 552, 752, 910, 911, 1115, 1116, 1123, 1312, 1314, 1513, 1516, 1573, 1703, 1732, 1770, 1781, 1931, 1952, 2544, 2545 and 2751
[47 Pa.B. 4622]
[Saturday, August 12, 2017]The Appellate Court Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the adoption of Pa.R.A.P. 127 governing the certification and filing of confidential information and confidential documents, and corollary amendments throughout the Pennsylvania Rules of Appellate Procedure.
Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They will neither constitute a part of the rules nor will be officially adopted by the Supreme Court.
Additions to the text of the proposal are bolded; deletions to the text are bolded and bracketed.
The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:
Appellate Court Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 6200
P.O. Box 62635
Harrisburg, Pennsylvania 17106-2635
FAX: (717) 231-9551
appellaterules@pacourts.usAll communications in reference to the proposal should be received by September 12, 2017. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.
By the Appellate Court
Procedural Rules CommitteeHONORABLE PATRICIA A. McCULLOUGH,
Chair
Annex A
TITLE 210. APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
ARTICLE I. PRELIMINARY PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
DOCUMENTS GENERALLY Rule 123. Application for Relief.
(a) Contents of applications for relief.—Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a written application for such order or relief with proof of service on all other parties. The application shall contain or be accompanied by any matter required by a specific provision of these rules governing such an application, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If an application is supported by briefs, verified statements, or other papers, they shall be served and filed with the application. An application may be made in the alternative and [pray for] seek such alternative relief or action by the court as may be appropriate. All grounds for relief demanded shall be stated in the application and failure to state a ground shall constitute a waiver thereof. Except as otherwise prescribed by these rules, a request for more than one type of relief may be combined in the same application.
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(e) Power of single judge to entertain applications.—In addition to the authority expressly conferred by these rules or by law or rule of court, a single judge of an appellate court may entertain and may grant or deny any request for relief which under these rules may properly be sought by application, except that an appellate court may provide by order or rule of court that any application or class of applications must be acted upon by the court. The action of a single judge may be reviewed by the court except for actions of a single judge under [Rule] Pa.R.A.P. 3102(c)(2) (relating to quorum in Commonwealth Court in any election matter).
(f) Certificate of compliance with Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.—An application or answer filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127.
Official Note: The 1997 amendment precludes review by the Commonwealth Court of actions of a single judge in election matters.
(Editor's Note: The following rule is proposed to be added and printed in regular type to enhance readability.)
Rule 127. Confidential Information and Confidential Documents. Certification.
(a) Unless constrained by applicable authority, any attorney or any unrepresented party who files a document pursuant to these rules shall comply with the requirements of Sections 7.0 and 8.0 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts (Policy). Unless otherwise authorized by rule of court, any attorney or unrepresented party shall file a certificate of compliance with the Policy with every document filed with the court.
(b) Unless an appellate court orders otherwise, case records or documents that are sealed by a court, government unit, or other tribunal shall remain sealed on appeal.
Official Note: Paragraph (a)—''Applicable authority'' includes but is not limited to statute, procedural rule, or court order. The Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts (Policy) can be found at http://www.pacourts.us/public-record-policies. Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form:
I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.Appropriate forms can be found at http://www.pacourts.us/public-record-policies. Pursuant to Section 7.0(C) of the Policy and Pa.R.J.A. No. 103(c), a court may adopt a rule or order that permits in lieu of certification, the filing of a document in two versions, that is, a ''Redacted Version'' and an ''Unredacted Version.''
Paragraph (b)—Once a document is sealed, it shall remain sealed on appeal unless the appellate court orders, either sua sponte or on application, that the case record or document be opened.
CHAPTER 5. PERSONS WHO MAY TAKE OR PARTICIPATE IN APPEALS
AMICUS CURIAE Rule 531. Participation by Amicus Curiae.
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(b) Briefs
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(2) Content.—An amicus curiae brief must contain a statement of the interest of amicus curiae. The statement of interest shall disclose the identity of any person or entity other than the amicus curiae, its members, or counsel who (i) paid in whole or in part for the preparation of the amicus curiae brief or (ii) authored in whole or in part the amicus curiae brief. It does not need to contain a Statement of the Case and does not need to address jurisdiction or the order or other determinations in question. An amicus curiae brief shall contain the certificate of compliance required by Pa.R.A.P. 127.
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FORMA PAUPERIS Rule 552. Application to Lower Court for Leave to Appeal In Forma Pauperis.
(a) General rule.—A party who is not eligible to file a verified statement under [Rule] Pa.R.A.P. 551 (continuation of in forma pauperis status for purposes of appeal) may apply to the lower court for leave to proceed on appeal in forma pauperis. The application may be filed before or after the taking of the appeal, but if filed before the taking of the appeal, the application shall not extend the time for the taking of the appeal.
(b) Accompanying verified statement.—Except as prescribed in [Subdivision] paragraph (d) of this rule, the application shall be accompanied by a verified statement substantially conforming to the requirements of [Rule] Pa.R.A.P. 561 (form of IFP verified statement) showing in detail the inability of the party to pay the fees and costs provided for in Chapter 27 (fees and costs in appellate courts and on appeal).
(c) No filing fee required.—The clerk of the lower court shall file an application under this rule without the payment of any filing fee.
(d) Automatic approval in certain cases.—If the applicant is represented by counsel who certifies on the application or by separate document that the applicant is indigent and that such counsel is providing free legal service to the applicant, the clerk of the lower court shall forthwith enter an order granting the application. The clerk may accept and act on an application under this [subdivision] paragraph without an accompanying verified statement by the party.
(e) Consideration and action by the court.—Except as prescribed in [Subdivision] paragraph (d) of this rule, the application and verified statement shall be submitted to the court, which shall enter its order thereon within 20 days from the date of the filing of the application. If the application is denied, in whole or in part, the court shall briefly state its reasons.
(f) Certificate of compliance with Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.—An application filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127.
Official Note: Extends the substance of former Supreme Court Rule 61(b) (part) and 61(c) (part) to the Superior and Commonwealth Courts and provides for action by the clerk in lieu of the court. It is anticipated that an application under this rule ordinarily would be acted upon prior to the docketing of the appeal in the appellate court and the transmission of the record.
Relief from requirements for posting a supersedeas bond in civil matters must be sought under [Rule] Pa.R.A.P. 1732 (application for stay or injunction pending appeal) and relief from bail requirements in criminal matters must be sought as prescribed by [Rule] Pa.R.A.P. 1762 (release in criminal matters), but under [Rule] Pa.R.A.P. 123 (applications for relief) the applications under [Rule] Pa.R.A.P. 552 (or 553) and other rules may be combined into a single document.
CHAPTER 7. COURTS TO WHICH APPEALS SHALL BE TAKEN
TRANSFERS OF CASES Rule 752. Transfers Between Superior and Commonwealth Courts.
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(b) Content of application; answer.—The application shall contain a statement of the facts necessary to an understanding of the same or related questions of fact, law, or discretion; a statement of the questions themselves; and a statement of the reasons why joint consideration of the appeals would be desirable. The application shall be served on all other parties to all appeals or other matters involved, and shall include or have annexed thereto a copy of each order from which any appeals involved were taken and any findings of fact, conclusions of law, and opinions relating thereto. Any other party to any appeal or other matter involved may file an answer in opposition in accordance with [Rule] Pa.R.A.P. 123(b). An application or answer filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127. The application and answer shall be submitted without oral argument unless otherwise ordered.
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ARTICLE II. APPELLATE PROCEDURE
CHAPTER 9. APPEALS FROM LOWER COURTS Rule 910. Jurisdictional Statement. Content. Form.
(a) General rule.—The jurisdictional statement required by [Rule] Pa.R.A.P. 909 shall contain the following in the order set forth:
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(b) Matters of form.—The jurisdictional statement need not be set forth in numbered paragraphs in the manner of a pleading. It shall be as short as possible and shall not exceed 1000 words, excluding the appendix.
(c) Certificate of compliance.
(1) Word count.—A jurisdictional statement that does not exceed five pages when produced on a word processor or typewriter shall be deemed to meet the requirements of [subdivision] paragraph (b) of this rule. In all other cases, the attorney or the unrepresented filing party shall include a certification that the statement complies with the word count limits. The certificate may be based on the word count of the word processing system used to prepare the statement.
(2) Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.—A jurisdictional statement shall contain the certificate of compliance required by Pa.R.A.P. 127.
(d) Nonconforming statements.—The Prothonotary of the Supreme Court shall not accept for filing any statement that does not comply with this rule. [He shall return it] The Prothonotary shall return the statement to the appellant, and inform all parties in which respect the statement does not comply with the rule. The prompt filing and service of a new and correct statement within seven days after return by the Prothonotary shall constitute a timely filing of the jurisdictional statement.
Rule 911. Answer to Jurisdictional Statement. Content. Form.
(a) General rule.—An answer to a jurisdictional statement shall set forth any procedural, substantive, or other argument or ground why the order appealed from is not reviewable as of right and why the Supreme Court should not grant an appeal by allowance. The answer need not be set forth in numbered paragraphs in the manner of a pleading and shall not exceed 1000 words.
(b) Certificate of compliance.
(1) Word count.—An answer to a jurisdictional statement that does not exceed five pages when produced on a word processor or typewriter shall be deemed to meet the requirements of [subdivision] paragraph (a) of this rule. In all other cases, the attorney or the unrepresented filing party shall include a certification that the statement complies with the word count limits. The certificate may be based on the word count of the word processing system used to prepare the statement.
(2) Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.—An answer to a jurisdictional statement shall contain the certificate of compliance required by Pa.R.A.P. 127.
Official Note: The Supreme Court has, in a number of cases, determined that a party has no right of appeal, but has treated the notice of appeal as a petition for allowance of appeal and granted review. See Gossman v. Lower Chanceford Tp. Bd. of Supervisors, [503 Pa. 392,] 469 A.2d 996 (Pa. 1983); Xpress Truck Lines, Inc. v. Pennsylvania Liquor Control Board, [503 Pa. 399,] 469 A.2d 1000 (Pa. 1983); O'Brien v. State Employment Retirement Board, [503 Pa. 414,] 469 A.2d 1008 (Pa. 1983). See also Pa.R.A.P. 1102. Accordingly, a party opposing a jurisdictional statement shall set forth why the order appealed from is not reviewable on direct appeal and why the Court should not grant an appeal by allowance.
CHAPTER 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT
PETITION FOR ALLOWANCE OF APPEAL 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):
[1.] (1) A reference to the official and unofficial reports of the opinions delivered in the courts below, if any, and if reported. Any such opinions shall be appended as provided in item 6 of paragraph (a) of this rule.
[2.] (2) The text of the order in question, or the portions thereof sought to be reviewed, and the date of its entry in the appellate court below. If the order is voluminous, it may, if more convenient, be appended to the petition.
[3.] (3) The questions presented for review, expressed in the terms and circumstances of the case but without unnecessary detail. The statement of questions presented will be deemed to include every subsidiary question fairly comprised therein. Only the questions set forth in the petition, or fairly comprised therein, will ordinarily be considered by the court in the event an appeal is allowed.
[4.] (4) A concise statement of the case containing the facts material to a consideration of the questions presented.
[5.] (5) A concise statement of the reasons relied upon for allowance of an appeal. See Pa.R.A.P. 1114.
[6.] (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.] (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.
(8) The certificate of compliance required by Pa.R.A.P. 127.
(b) Caption and parties.—All parties to the proceeding in the appellate court below shall be deemed parties in the Supreme Court, unless the petitioner shall notify the Prothonotary of the Supreme Court of the belief of the petitioner that one or more of the parties below have no interest in the outcome of the petition. A copy of such notice shall be served on all parties to the matter in the lower court, and a party noted as no longer interested may remain a party in the Supreme Court by filing a notice that he has an interest in the petition with the Prothonotary of the Supreme Court. All parties in the Supreme Court other than petitioner shall be named as respondents, but respondents who support the position of the petitioner shall meet the time schedule for filing papers which is provided in this chapter for the petitioner, except that any response by such respondents to the petition shall be filed as promptly as possible after receipt of the petition.
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Rule 1116. Answer to the Petition for Allowance of Appeal.
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(d) Supplementary matter.—The cover of the answer, pages containing the table of contents, table of citations, proof of service, signature block and anything appended to the answer shall not count against the word count limitations of this rule.
(e) Certificate of compliance with Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.—An answer to a petition for allowance of appeal shall contain the certificate of compliance required by Pa.R.A.P. 127.
Official Note: This rule and Pa.R.A.P. 1115 contemplate that the petition and answer will address themselves to the heart of the issue, such as whether the Supreme Court ought to exercise its discretion to allow an appeal, without the need to comply with the formalistic pattern of numbered averments in the petition and correspondingly numbered admissions and denials in the response. While such a formalistic format is appropriate when factual issues are being framed in a trial court (as in the petition for review under Chapter 15) such a format interferes with the clear narrative exposition necessary to outline succinctly the case for the Supreme Court in the allocatur context.
Rule 1123. Denial of Appeal; Reconsideration.
(a) Denial. If the petition for allowance of appeal is denied the Prothonotary of the Supreme Court shall immediately give written notice in person or by first class mail of the entry of the order denying the appeal to each party who has appeared in the Supreme Court. After the expiration of the time allowed by [Subdivision] paragraph (b) of this rule for the filing of an application for reconsideration of denial of a petition for allowance of appeal, if no application for reconsideration is filed, the Prothonotary of the Supreme Court shall notify the prothonotary of the appellate court below of the denial of the petition.
(b) Reconsideration. Applications for reconsideration of denial of allowance of appeal are not favored and will be considered only in the most extraordinary circumstances. An application for reconsideration of denial of a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within fourteen days after entry of the order denying the petition for allowance of appeal. In a children's fast track appeal, the application for reconsideration of denial of a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within 7 days after entry of the order denying the petition for allowance of appeal. Any application filed under this [subdivision must] paragraph must comport with the following:
(1) Briefly and distinctly state grounds which are confined to intervening circumstances of substantial or controlling effect.
(2) Be supported by a certificate of counsel to the effect that it is presented in good faith and not for delay. Counsel must also certify that the application is restricted to the grounds specified [in Paragraph (1) of this subdivision] under subparagraph (b)(1).
(3) Contain the certificate of compliance required by Pa.R.A.P. 127.
No answer to an application for reconsideration will be received unless requested by the Supreme Court. Second or subsequent applications for reconsideration, and applications for reconsideration which are out of time under this rule, will not be received.
(c) Manner of filing. If the application for reconsideration is transmitted to the prothonotary of the appellate court by means of first class, express, or priority United States Postal Service mail, the application shall be deemed received by the prothonotary for the purposes of [Rule] Pa.R.A.P. 121(a) (filing) on the date deposited in the United States mail as shown on a United States Postal Service Form 3817 Certificate of Mailing, or other similar United States Postal Service form from which the date of deposit can be verified. The certificate of mailing or other similar Postal Service form from which the date of deposit can be verified shall be cancelled by the Postal Service, shall show the docket number of the matter in the court in which reconsideration is sought and shall be enclosed with the application or separately mailed to the prothonotary. Upon actual receipt of the application, the prothonotary shall immediately stamp it with the date of actual receipt. That date, or the date of earlier deposit in the United States mail as prescribed in this [subdivision] paragraph, shall constitute the date when application was sought, which date shall be shown on the docket.
CHAPTER 13. INTERLOCUTORY APPEALS BY PERMISSION Rule 1312. Content of the Petition for Permission to Appeal.
(a) General rule.—The petition for permission to 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):
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(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.
(8) The certificate of compliance required by Pa.R.A.P. 127.
(b) Caption and parties.—All parties to the proceeding in the lower court or other government unit other than petitioner shall be named as respondents, but respondents who support the position of the petitioner shall meet the time schedule for filing papers which is prescribed in this chapter for the petitioner, except that any response by such respondents to the petition shall be filed as promptly as possible after receipt of the petition.
(c) No supporting brief.—All contentions in support of a petition for permission to appeal shall be set forth in the body of the petition as prescribed [by Paragraph (a)(5) of this rule] under subparagraph (a)(5). Neither the briefs below nor any separate brief in support of a petition for permission to appeal will be received, and the prothonotary of the appellate court will refuse to file any petition for permission to appeal to which is annexed or appended any brief below or supporting brief.
(d) Essential requisites of petition.—The failure of a petitioner to present with accuracy, brevity, and clearness whatever is essential to a ready and adequate understanding of the points requiring consideration will be a sufficient reason for denying the petition.
(e) Multiple petitioners.—Where permitted by [Rule] Pa.R.A.P. 512 (joint appeals) a single petition for permission to appeal may be filed.
Official Note: Based on former Commonwealth Court Rule 114. [Subdivision] subparagraph (a)(2) of this rule makes clear that the order of the tribunal below must contain a statement that the order involves a controlling question of law as to which there is a difference of opinion.
Interlocutory appeals as of right may be taken by filing a notice of appeal under Chapter 9 (appeals from lower courts), rather than by petition under this rule. See [Rule] Pa.R.A.P. 311 (interlocutory appeals as of right).
Rule 1314. Answer to the Petition for Permission to Appeal.
Within 14 days after service of a petition for permission to appeal an adverse party may file an answer. The answer shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized. The answer need not be set forth in numbered paragraphs in the manner of a pleading, shall set forth any procedural, substantive or other argument or ground why the interlocutory order involved should not be reviewed by the appellate court and shall comply with [Rule] Pa.R.A.P. 1312(a)(7) (content of petition for permission to appeal). An answer to a petition for permission to appeal shall contain the certificate of compliance required by Pa.R.A.P. 127. No separate motion to dismiss a petition for permission to appeal will be received. A party entitled to file an answer under this rule who does not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter stating that an answer to the petition for permission to appeal will not be filed. The failure to file an answer will not be construed as concurrence in the request for permission to appeal.
CHAPTER 15. JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS
PETITION FOR REVIEW Rule 1513. Petition for Review.
(a) Caption and parties on appeal.—In an appellate jurisdiction petition for review, the aggrieved party or person shall be named as the petitioner and, unless the government unit is disinterested, the government unit and no one else shall be named as the respondent. If the government unit is disinterested, all real parties in interest, and not the government unit, shall be named as respondents.
(b) Caption and parties in original jurisdiction actions.—The government unit and any other indispensable party shall be named as respondents. Where a public act or duty is required to be performed by a government unit, it is sufficient to name the government unit, and not its individual members, as respondent.
(c) Form.—Any petition for review shall be divided into consecutively numbered paragraphs. Each paragraph shall contain, as nearly as possible, a single allegation of fact or other statement. When petitioner seeks review of an order refusing to certify an interlocutory order for immediate appeal, numbered paragraphs need not be used.
(d) Content of appellate jurisdiction petition for review.—An appellate jurisdiction petition for review shall contain the following:
[1.] (1) a statement of the basis for the jurisdiction of the court;
[2.] (2) the name of the party or person seeking review;
[3.] (3) the name of the government unit that made the order or other determination sought to be reviewed;
[4.] (4) reference to the order or other determination sought to be reviewed, including the date the order or other determination was entered;
[5.] (5) a general statement of the objections to the order or other determination, but the omission of an issue from the statement shall not be the basis for a finding of waiver if the court is able to address the issue based on the certified record;
[6.] (6) a short statement of the relief sought; [and]
[7.] (7) a copy of the order or other determination to be reviewed, which shall be attached to the petition for review as an exhibit[.]; and
(8) the certificate of compliance required by Pa.R.A.P. 127.
No notice to plead or verification is necessary.
Where there were other parties to the proceedings conducted by the government unit, and such parties are not named in the caption of the petition for review, the petition for review shall also contain a notice to participate, which shall provide substantially as follows:
If you intend to participate in this proceeding in the (Supreme, Superior or Commonwealth, as appropriate) Court, you must serve and file a notice of intervention under Pa.R.A.P. 1531 of the Pennsylvania Rules of Appellate Procedure within 30 days.(e) Content of original jurisdiction petition for review.—A petition for review addressed to an appellate court's original jurisdiction shall contain the following:
[1.] (1) a statement of the basis for the jurisdiction of the court;
[2.] (2) the name of the person or party seeking relief;
[3.] (3) the name of the government unit whose action or inaction is in issue and any other indispensable party;
[4.] (4) a general statement of the material facts upon which the cause of action is based;
[5.] (5) a short statement of the relief sought; [and]
[6.] (6) a notice to plead and verification either by oath or affirmation or by verified statement[.]; and
(7) the certificate of compliance required by Pa.R.A.P. 127.
(f) Alternative objections.—Objections to a determination of a government unit and the related relief sought may be stated in the alternative, and relief of several different types may be requested.
Official Note: The 2004 amendments to this rule clarify what must be included in a petition for review addressed to an appellate court's appellate jurisdiction and what must be included in a petition for review addressed to an appellate court's original jurisdiction. Where it is not readily apparent whether a ''determination'' (defined in Pa.R.A.P. 102 as ''[a]ction or inaction by a government unit'') is reviewable in the court's appellate or original jurisdiction, compliance with the requirements of paragraphs (d) and (e) is appropriate.
Paragraphs (a) and (b) reflect the provisions of Pa.R.A.P. 501, Pa.R.A.P. 503, Section 702 of the Administrative Agency Law, 2 Pa.C.S. § 702 (Appeals), and Pa.R.C.P. [No.] 1094 (regarding parties defendant in mandamus actions).
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Rule 1516. Other Pleadings Allowed.
(a) Appellate jurisdiction petitions for review.—No answer or other pleading to an appellate jurisdiction petition for review is authorized, unless the petition for review is filed pursuant to the Notes to [Rules] Pa.R.A.P. 341 or 1311 (seeking review of a trial court or other government unit's refusal to certify an interlocutory order for immediate appeal), [Rule] Pa.R.A.P. 1573 (review of orders finding an assertion of double jeopardy frivolous), [Rule] Pa.R.A.P. 1762 (regarding release in criminal matters), [Rule] Pa.R.A.P. 1770 (regarding placement in juvenile delinquency matters), [Rule] Pa.R.A.P. 3321 (regarding appeals from decisions of the Legislative Reapportionment Commission) or [Rule] Pa.R.A.P. 3331 (regarding review of special prosecutions and investigations). Where an answer is authorized, the time for filing an answer shall be as stated in [Rule 123(b)] Pa.R.A.P. 123(b), and the answer shall contain the certificate of compliance required by Pa.R.A.P. 127.
(b) Original jurisdiction petitions for review.—Where an action is commenced by filing a petition for review addressed to the appellate court's original jurisdiction, the pleadings are limited to the petition for review, an answer thereto, a reply if the answer contains new matter or a counterclaim, a counter-reply if the reply to a counterclaim contains new matter, a preliminary objection, and an answer thereto. A pleading shall contain the certificate of compliance required by Pa.R.A.P. 127. Every pleading filed after an original jurisdiction petition for review shall be filed within 30 days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading is endorsed with a notice to plead.
Official Note: The 2004, 2012, and 2013 amendments made clear that, with limited exceptions, no answer or other pleading to a petition for review addressed to an appellate court's appellate jurisdiction is proper. With regard to original jurisdiction proceedings, practice is patterned after Rules of Civil Procedure 1017(a) (Pleadings Allowed) and 1026 (Time for Filing. Notice to Plead). The ten additional days in which to file a subsequent pleading are in recognition of the time required for agency coordination where the Commonwealth is a party. See [Rule] Pa.R.A.P. 1762(b)(2) regarding bail applications. See [Rule] Pa.R.A.P. 1770 regarding placement in juvenile delinquency matters.
REVIEW OF DETERMINATIONS OF THE BOARD OF FINANCE AND REVENUE Rule 1571. Determinations of the Board of Finance and Revenue.
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(c) Form.—The petition for review shall contain a statement of the basis for the jurisdiction of the court; the name of the party seeking review; a statement that the Board of Finance and Revenue made the determination sought to be reviewed; reference to the order or other determination sought to be reviewed; and a general statement of the objections to the order or other determination. The petition for review need not be verified and shall not contain or have endorsed upon it notice to plead. A petition for review of a taxpayer or similar party shall name the ''Commonwealth of Pennsylvania'' as respondent and a petition for review filed by the Commonwealth of Pennsylvania shall name all real parties in interest before the Board as respondents. The petition for review shall contain the certificate of compliance required by Pa.R.A.P. 127.
(d) Service.—In the case of a petition for review by a taxpayer or similar party, a copy of the petition shall be served on the Board of Finance and Revenue and on the Attorney General by the petitioner in accordance with [Rule] Pa.R.A.P. 1514(c). All other parties before the Board shall be served as prescribed by [Rule] Pa.R.A.P. 121(b) (service of all papers required).
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(h) Scope of review.—[Rule] Pa.R.A.P. 1551(a) (appellate jurisdiction petitions for review) shall be applicable to review of a determination of the Board of Finance and Revenue except that:
(1) A question will be heard and considered by the court if it was raised at any stage of the proceedings below and thereafter preserved.
(2) To the extent provided by the applicable law, the questions raised by the petition for review shall be determined on the record made before the court. See [Subdivision] paragraph (f) of this rule.
(i) Exceptions.—Any party may file exceptions to an initial determination by the court under this rule within 30 days after the entry of the order to which exception is taken. Such timely exceptions shall have the effect, for the purposes of [Rule] Pa.R.A.P. 1701(b)(3) (authority of lower court or agency after appeal) of an order expressly granting reconsideration of the determination previously entered by the court. Issues not raised on exceptions are waived and cannot be raised on appeal.
Official Note: [Subdivision] Paragraph (b) represents an exercise of the power conferred by 42 Pa.C.S. § 5105(a) (right to appellate review) to define final orders by general rule. The following statutes expressly require the Board of Finance and Revenue to act within six months in certain cases:
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The basis of jurisdiction of the court under this rule will ordinarily be 42 Pa.C.S. § 763 (direct appeals from government agencies). [Subdivision] Paragraph (c) is not intended to change the practice in connection with the review of orders of the Board of Finance and Revenue insofar as the amount of detail in the pleadings is concerned. What is required is that the petitioner raise every legal issue in the petition for review which the petitioner wishes the court to consider. The legal issues raised need only be specific enough to apprise the respondent of the legal issues being contested (e.g. ''valuation,'' ''manufacturing,'' ''sale for resale,'' etc.). See generally House of Pasta, Inc. v. Commonwealth, [37 Pa. Cmwlth. Ct. 317,] 390 A.2d 341 (Pa. Cmwlth. 1978).
[Subdivision] Paragraph (e) is based on Section 1104(e) of The Fiscal Code, which was suspended absolutely by these rules, and subsequently repealed.
[Subdivision] Paragraph (f) is based on 2 Pa.C.S. § 501(b)(1) (scope of subchapter) and 2 Pa.C.S. § 701(b)(1) (scope of subchapter), which exclude tax matters from the on-the-record review requirements of 2 Pa.C.S. § 704 (disposition of appeal).
[Subdivision] Paragraph (h) is based on Section 1104(d) of The Fiscal Code, which was suspended absolutely by these rules and subsequently repealed, and is intended as a continuation of the prior law, except, of course, that the separate specification of objections has been abolished by these rules.
[Subdivision] Paragraph (i) is intended to make clear that the failure to file exceptions will result in waiver by a petitioner of any issues previously presented to the Commonwealth Court.
See also [Rule] Pa.R.A.P. 1782 (security on review in tax matters).
REVIEW OF DETERMINATIONS BY A COURT OF COMMON PLEAS THAT A CLAIM OF DOUBLE JEOPARDY IS FRIVOLOUS Rule 1573. Review of Orders in Which the Court Finds an Assertion of Double Jeopardy Frivolous.
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(b) Contents.—The contents of the petition for review are not governed by Pa.R.A.P. 1513. Instead, the petition for review 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):
[(i)] (1) A statement of the basis for the jurisdiction of the appellate court.
[(ii)] (2) The text of the order in question, and the date of its entry in the trial court. If the order is voluminous, it may, if more convenient, be appended to the petition.
[(iii)] (3) A concise statement of the case containing the facts necessary to an understanding of the frivolousness issue(s) presented.
[(iv)] (4) The question(s) presented, expressed in the terms and circumstances of the case but without unnecessary detail.
[(v)] (5) A concise statement of the reasons why the trial court erred in its determination of frivolousness.
[(vi)] (6) There shall be appended to the petition a copy of any opinions relating to the order sought to be reviewed, including findings of fact and conclusions of law in support of the frivolousness determination, as well as a copy of any transcripts or other record documents necessary to the appellate court's review.
[(vii)] (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.
[(viii)] (8) There shall be appended to the petition any briefs filed in the trial court in support of the motion to dismiss.
(9) The certificate of compliance required by Pa.R.A.P. 127.
(c) Caption and parties.—The parties in the trial court shall be named as parties in the appellate court. If there are multiple defendants but the order for which review is sought adjudicates the motion of only a single defendant, only that defendant may file a petition for review.
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(g) Answer to petition for review.—If the Commonwealth does not intend to file an answer under this rule, it shall, within the time fixed by these rules for filing an answer, file a letter stating that it does not intend to file an answer to the petition for review. The failure to file an answer will not be construed as concurrence in the petition for review. The appellate court may, however, direct the Commonwealth to file an answer. An answer to a petition for review shall contain the certificate of compliance required by Pa.R.A.P. 127.
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Official Note: The trial court's determination and the procedure for determining a motion to dismiss on double jeopardy grounds is set forth in Pa.R.Crim.P. 587. If a trial court denies such a motion without expressly finding that the motion is frivolous, the order is immediately appealable by means of a notice of appeal under Pa.R.A.P. 313. If, however, the trial court finds the motion to be frivolous, appellate review can be secured only if the appellate court grants a petition for review. See Commonwealth v. Orie, 22 A.3d 1021 (Pa. 2011); Commonwealth v. Brady, [510 Pa. 336,] 508 A.2d 286 (Pa. 1986). If the Superior Court does not grant the petition for review, the defendant may file a petition for allowance of appeal with the Supreme Court.
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CHAPTER 17. EFFECT OF APPEALS; SUPERSEDEAS AND STAYS
IN GENERAL Rule 1703. Contents of Application for Stay.
In addition to the requirements set forth in [Rule] Pa.R.A.P. 123 (Application for Relief), an application for stay pursuant to this chapter shall set forth the procedural posture of the case, including the result of any application for relief in any court below or federal court, the specific rule under which a stay or supersedeas is sought, grounds for relief, and, if expedited relief is sought, the nature of the emergency. The application shall also identify and set forth the procedural posture of all related proceedings. The application shall contain the certificate of compliance required by Pa.R.A.P. 127.
STAY OR INJUNCTION IN CIVIL MATTERS Rule 1732. Application for Stay or Injunction Pending Appeal.
(a) Application to lower court.—Application for a stay of an order of a lower court pending appeal, or for approval of or modification of the terms of any supersedeas, or for an order suspending, modifying, restoring, or granting an injunction during the pendency of an appeal, or for relief in the nature of peremptory mandamus, must ordinarily be made in the first instance to the lower court, except where a prior order under this chapter has been entered in the matter by the appellate court or a judge thereof.
(b) Contents of application for stay.—An application for stay of an order of a lower court pending appeal, or for approval of or modification of the terms of any supersedeas, or for an order suspending, modifying, restoring, or granting an injunction during the pendency of an appeal, or for relief in the nature of peremptory mandamus, may be made to the appellate court or to a judge thereof, but the application shall show that application to the lower court for the relief sought is not practicable, or that the lower court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the lower court for its action. The application shall also show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the application shall be supported by sworn or verified statements or copies thereof. With the application shall be filed such parts of the record as are relevant. Where practicable, the application should be accompanied by the briefs, if any, used in the lower court. The application shall contain the certificate of compliance required by Pa.R.A.P. 127.
(c) Number of copies.—Seven copies of applications under this rule in the Supreme Court or the Superior Court, and three copies of applications under this rule in the Commonwealth Court, shall be filed with the original.
Official Note: The subject matter of this rule was covered by former Supreme Court Rule 62, former Superior Court Rule 53, and former Commonwealth Court Rule 112. The flat seven day period for answer of former Supreme Court Rule 62 (which presumably was principally directed at allocatur practice) has been omitted in favor of the more flexible provisions of [Rule] Pa.R.A.P. 123(b).
REVIEW OF DISPOSITIONAL ORDER FOR OUT OF HOME PLACEMENT IN JUVENILE DELINQUENCY MATTERS Rule 1770. Review of Out of Home Placement in Juvenile Delinquency Matters.
(a) General rule.—If a court under the Juvenile Act, 42 Pa.C.S. § 6301 et seq., enters an order after an adjudication of delinquency of a juvenile pursuant to Rules of Juvenile Court Procedure 409(A)(2) and 515, which places the juvenile in an out of home overnight placement in any agency or institution that shall provide care, treatment, supervision, or rehabilitation of the juvenile (''Out of Home Placement''), the juvenile may seek review of that order pursuant to a petition for review under Chapter 15 (judicial review of governmental determinations). The petition shall be filed within ten days of the said order.
(b) Content.—A petition for review under subdivision (a) shall contain the following:
[(i)] (1) a specific description of any determinations made by the juvenile court;
[(ii)] (2) the matters complained of;
[(iii)] (3) a concise statement of the reasons why the juvenile court abused its discretion in ordering the Out of Home Placement;
[(iv)] (4) the proposed terms and conditions of an alternative disposition for the juvenile; and
[(v)] (5) a request that the official court reporter for the juvenile court transcribe the notes of testimony as required by [subdivision] paragraph (g) of this Rule.
Any order(s) and opinion(s) relating to the Out of Home Placement and the transcript of the juvenile court's findings shall be attached as appendices. The petition shall be supported by a certificate of counsel to the effect that it is presented in good faith and not for delay. The petition shall contain the certificate of compliance required by Pa.R.A.P. 127.
(c) Objection to specific agency or institution, or underlying adjudication of delinquency, is not permitted.
(1) A petition for review under [subdivision] paragraph (a) shall not challenge the specific agency or specific institution that is the site of the Out of Home Placement and instead shall be limited to the Out of Home Placement itself.
(2) A petition for review under [subdivision] paragraph (a) shall not challenge the underlying adjudication of delinquency.
(d) Answer.—Any answer shall be filed within ten days of service of the petition, and no other pleading is authorized. Any answer shall contain the certificate of compliance required by Pa.R.A.P. 127. [Rule] Pa.R.A.P. 1517 (applicable rules of pleading) and [Rule] Pa.R.A.P. 1531 (intervention) through 1551 (scope of review) shall not be applicable to a petition for review filed under [subdivision] paragraph (a).
(e) Service.—A copy of the petition for review and any answer thereto shall be served on the judge of the juvenile court and the official court reporter for the juvenile court. All parties in the juvenile court shall be served in accordance with [Rule] Pa.R.A.P. 121(b) (service of all papers required). The Attorney General of Pennsylvania need not be served in accordance with [Rule] Pa.R.A.P. 1514(c) (service), unless the Attorney General is a party in the juvenile court.
(f) Opinion of juvenile court.—Upon receipt of a copy of a petition for review under [subdivision] paragraph (a), if the judge who made the disposition of the Out of Home Placement did not state the reasons for such placement on the record at the time of disposition pursuant to Rule of Juvenile Court Procedure 512 (D), the judge shall file of record a brief statement of the reasons for the determination or where in the record such reasons may be found, within five days of service of the petition for review.
(g) Transcription of Notes of Testimony.—Upon receipt of a copy of a petition for review under [subdivision] paragraph (a), the court reporter shall transcribe the notes of testimony and deliver the transcript to the juvenile court within five business days. If the transcript is not prepared and delivered in a timely fashion, the juvenile court shall order the court reporter to transcribe the notes and deliver the notes to the juvenile court, and may impose sanctions for violation of such an order. If the juvenile is proceeding in forma pauperis, the juvenile shall not be charged for the cost of the transcript. Chapter 19 of the Rules of Appellate Procedure shall not otherwise apply to petitions for review filed under this Rule.
(h) Non-waiver of objection to placement.—A failure to seek review under this rule of the Out of Home Placement shall not constitute a waiver of the juvenile's right to seek review of the placement in a notice of appeal filed by the juvenile from a disposition after an adjudication of delinquency.
Official Note: This Rule provides a mechanism for the expedited review of an order of Out of Home Placement entered pursuant to Rule of Juvenile Court Procedure 515. Rule of Juvenile Court Procedure 512(D) requires the judge who made the disposition of an Out of Home Placement to place the reasons for an Out of Home Placement on the record at the time of the disposition, and [subdivision] paragraph (f) of this Rule is only applicable in the exceptional circumstance where the judge who made the disposition of an Out of Home Placement fails to comply with Rule of Juvenile Court Procedure 512(D). The Juvenile Act, 42 Pa.C.S. § 6352, sets forth the considerations for a dispositional order following an adjudication of delinquency and the alternatives for disposition. The standard for review of a dispositional order is an abuse of discretion. See In the Interest of A.D., 771 A.2d 45 (Pa. Super. 2001) (en banc).
STAY PENDING ACTION ON PETITION FOR REVIEW Rule 1781. Stay Pending Action on Petition for Review.
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(b) Contents of application for stay or supersedeas.—An application for stay or supersedeas of an order or other determination of a government unit, or for an order granting an injunction pending review, or for relief in the nature of peremptory mandamus, may be made to the appellate court or to a judge thereof, but the application shall show that application to the government unit for the relief sought is not practicable, or that application has been made to the government unit and denied, with the reasons given by it for the denial, or that the action of the government unit did not afford the relief which the applicant had requested. The application shall also show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the application shall be supported by sworn or verified statements or copies thereof. With the application shall be filed such parts, if any, of the record as are relevant to the relief sought. The application shall contain the certificate of compliance required by Pa.R.A.P. 127.
(c) Notice and action by court.—Upon such notice to the government unit as is required by [Rule] Pa.R.A.P. 123 (applications for relief) the appellate court, or a judge thereof, may grant an order of stay or supersedeas, including the grant of an injunction pending review or relief in the nature of peremptory mandamus, upon such terms and conditions, including the filing of security, as the court or the judge thereof may prescribe. Where a statute requires that security be filed as a condition to obtaining a supersedeas, the court shall require adequate security.
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.
(1) General rule.—Except as otherwise prescribed by this rule, the record on appeal, including the transcript and exhibits necessary for the determination of the appeal, shall be transmitted to the appellate court within 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] Pa.R.A.P. 1122 (allowance of appeal and transmission of record) or by [Rule] Pa.R.A.P. 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.
(2) Children's fast track appeals.—In a children's fast track appeal, the record on appeal, including the transcript and exhibits necessary for the determination of the appeal, shall be transmitted to the appellate court within 30 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] Pa.R.A.P. 1122 (allowance of appeal and transmission of record) or by [Rule] Pa.R.A.P. 1322 (permission to appeal and transmission of record), as the case may be.
(b) Duty of lower court.—After a notice of appeal has been filed the judge who entered the order appealed from shall comply with [Rule] Pa.R.A.P. 1925 (opinion in support of order), shall cause the official court reporter to comply with [Rule] Pa.R.A.P. 1922 (transcription of notes of testimony) or shall otherwise settle a statement of the evidence or proceedings as prescribed by this chapter, and shall take any other action necessary to enable the clerk to assemble and transmit the record as prescribed by this rule.
(c) Duty of clerk to transmit the record.—When the record is complete for purposes of the appeal, the clerk of the lower court shall transmit it to the prothonotary of the appellate court. The clerk of the lower court shall number the documents comprising the record and shall transmit with the record a list of the documents correspondingly numbered and identified with sufficient specificity to allow the parties on appeal to identify each document and to determine whether the record on appeal is complete. If any case records or documents were sealed in the lower court, the list of documents comprising the record shall specifically identify such records or documents as having been sealed in the lower court. Documents of unusual bulk or weight and physical exhibits other than documents shall not be transmitted by the clerk unless he or she is directed to do so by a party or by the prothonotary of the appellate court. A party must make advance arrangements with the clerk for the transportation and receipt of exhibits of unusual bulk or weight. Transmission of the record is effected when the clerk of the lower court mails or otherwise forwards the record to the prothonotary of the appellate court. The clerk of the lower court shall indicate, by endorsement on the face of the record or otherwise, the date upon which the record is transmitted to the appellate court.
(d) Service of the 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.
(e) Multiple appeals.—Where more than one appeal is taken from the same order, it shall be sufficient to transmit a single record, without duplication.
(f) Inconsistency between list of record documents and documents actually transmitted.—If the clerk of the lower court fails to transmit to the appellate court all of the documents identified in the list of record documents, such failure shall be deemed a breakdown in processes of the court. Any omission shall be corrected promptly pursuant to [Rule] Pa.R.A.P. 1926 (correction or modification of the record) and shall not be the basis for any penalty against a party.
Official Note: [Rule] Pa.R.A.P. 1926 (correction or modification of the record) provides the means to resolve any disagreement between the parties as to what should be included in the record on appeal.
RECORD ON PETITION FOR REVIEW OF ORDERS OF GOVERNMENT UNITS OTHER THAN COURTS Rule 1952. Filing of Record in Response to Petition for Review.
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(b) Certificate of record.—The government unit shall certify the contents of the record and a list of all documents, transcripts of testimony, exhibits and other material comprising the record. The government unit shall (1) arrange the documents to be certified in chronological order, (2) number them, and (3) affix to the right or bottom edge of the first page of each document a tab showing the number of that document. These shall be bound and shall contain a table of contents identifying each document in the record. If any case records or documents were sealed in the government unit, the list of documents comprising the record shall specifically identify such records or documents as having been sealed in the government unit. The certificate shall be made by the head, chairman, deputy, or secretary of the government unit. The government unit may file the entire record or such parts thereof as the parties may designate by stipulation filed with the government unit. The original papers in the government unit or certified copies thereof may be filed. Instead of filing the record or designated parts thereof, the government unit may file a certified list of all documents, transcripts of testimony, exhibits, and other material comprising the record, or a certified list of such parts thereof as the parties may designate, adequately describing each, and the filing of the certified list shall constitute filing of the record. If any case records or documents were sealed in the government unit, the certified list of documents comprising the record shall specifically identify such records or documents as having been sealed in the government unit. The parties may stipulate that neither the record nor a certified list be filed with the court. The stipulation shall be filed with the prothonotary of the court, and the date of its filing shall be deemed the date on which the record is filed. If a certified list is filed, or if the parties designate only parts of the record for filing or stipulate that neither the record nor a certified list be filed, the government unit shall retain the record or parts thereof. Upon request of the court or the request of a party, the record or any part thereof thus retained shall be transmitted to the court notwithstanding any prior stipulation. All parts of the record retained by the government unit shall be a part of the record on review for all purposes.
(c) Notice to counsel of contents of certified record.—At the time of transmission of the record to the appellate court, the government unit shall send a copy of the list of the contents of the certified record to all counsel of record, or, if a party is unrepresented by counsel, to that party at the address provided to the government unit.
Official Note: The addition of [subdivision] paragraph (c) in 2012 requires government units other than courts to notify counsel of the contents of the certified record. This is an extension of the requirement in [Rule] Pa.R.A.P. 1931 (transmission of the record) that trial courts give such notice.
CHAPTER 21. BRIEFS AND REPRODUCED RECORD
CONTENT OF BRIEFS Rule 2111. Brief of the Appellant.
(a) General rule.—The brief of the appellant, except as otherwise prescribed by these rules, shall consist of the following matters, separately and distinctly entitled and in the following order:
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(10) The opinions and pleadings specified in [Subdivisions] paragraphs (b) and (c) of this rule.
(11) In the Superior Court, a copy of the statement of errors complained of on appeal, filed with the trial court pursuant to [Rule] Pa.R.A.P. 1925(b), or an averment that no order requiring a statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) was entered.
(12) The certificates of compliance required by Pa.R.A.P. 127 and 2135(d).
(b) Opinions below.—There shall be appended to the brief a copy of any opinions delivered by any court or other government unit below relating to the order or other determination under review, if pertinent to the questions involved. If an opinion has been reported, that fact and the appropriate citation shall also be set forth.
(c) Pleadings.—When pursuant to [Rule] Pa.R.A.P. 2151(c) (original hearing cases) the parties are not required to reproduce the record, and the questions presented involve an issue raised by the pleadings, a copy of the relevant pleadings in the case shall be appended to the brief.
(d) Brief of the Appellant.—In the Superior Court, there shall be appended to the brief of the appellant a copy of the statement of errors complained of on appeal, filed with the trial court pursuant to Pa.R.A.P. 1925(b). If the trial court has not entered an order directing the filing of such a statement, the brief shall contain an averment that no order to file a statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) was entered by the trial court.
Official Note: The 1999 amendment requires a statement of the scope and standard of review. '''Scope of review' refers to 'the confines within which an appellate court must conduct its examination.' (Citation omitted.) In other words, it refers to the matters (or 'what') the appellate court is permitted to examine. In contrast, 'standard of review' refers to the manner in which (or 'how') that examination is conducted.'' Morrison v. Commonwealth, Dept. of Public Welfare, [538 Pa. 122, 131,] 646 A.2d 565, 570 (Pa. 1994). This amendment incorporates the prior practice of the Superior Court pursuant to Pa.R.A.P. 3518 which required such statements. Accordingly, [Rule] Pa.R.A.P. 3518 has been rescinded as its requirement is now subsumed under paragraph (a)(2) of this Rule.
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Rule 2112. Brief of the Appellee.
The brief of the appellee, except as otherwise prescribed by these rules, need contain only a summary of argument and the complete argument for appellee, and may also include counter-statements of any of the matters required in the appellant's brief as stated in Pa.R.A.P. 2111(a). Unless the appellee does so, or the brief of the appellee otherwise challenges the matters set forth in the appellant's brief, it will be assumed the appellee is satisfied with them, or with such parts of them as remain unchallenged. The brief of the appellee shall contain the certificates of compliance required by Pa.R.A.P. 127 and 2135(d).
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Rule 2113. Reply Brief.
(a) General rule.—In accordance with [Rule] Pa.R.A.P. 2185(a) (time for serving and filing briefs), the appellant may file a brief in reply to matters raised by appellee's brief or in any amicus curiae brief and not previously addressed in appellant's brief. If the appellee has cross appealed, the appellee may file a similarly limited reply brief. A reply brief shall contain the certificates of compliance required by Pa.R.A.P. 127 and 2135(d).
(b) Response to draft or plan.—A reply brief may be filed as prescribed in [Rule] Pa.R.A.P. 2134 (drafts or plans).
(c) Other briefs.—No further briefs may be filed except with leave of court.
Official Note: An appellant now has a general right to file a reply brief. The scope of the reply brief is limited, however, in that such brief may only address matters raised by appellee and not previously addressed in appellant's brief. No subsequent brief may be filed unless authorized by the court.
The length of a reply brief is set by [Rule] Pa.R.A.P. 2135 (length of briefs). The due date for a reply brief is found in [Rule] Pa.R.A.P. 2185(a) (service and filing of briefs).
Where there are cross appeals, the deemed or designated appellee may file a similarly limited reply brief addressing issues in the cross appeal. See also [Rule] Pa.R.A.P. 2136 (briefs in cases involving cross appeals).
The 2011 amendment to [subdivision] paragraph (a) authorized an appellant to address in a reply brief matters raised in amicus curiae briefs. Before the 2011 amendment, the rule permitted the appellant to address in its reply brief only matters raised in the appellee's brief. The 2011 amendment did not change the requirement that the reply brief must not address matters previously addressed in the appellant's principal brief.
CONTENT OF REPRODUCED RECORD Rule 2152. Content and Effect of Reproduced Record.
(a) General rule.—The reproduced record shall contain the following:
(1) The relevant docket entries and any relevant related matter (see [Rule] Pa.R.A.P. 2153 (docket entries and related matter)).
(2) Any relevant portions of the pleadings, charge or findings (see [Rule] Pa.R.A.P. 2175(b) (order and opinions) which provides for a cross reference note only to orders and opinions reproduced as part of the brief of appellant).
(3) Any other parts of the record to which the parties wish to direct the particular attention of the appellate court.
(4) The certificate of compliance required by Pa.R.A.P. 127.
(b) Immaterial formal matters.—Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) shall be omitted.
(c) Effect of reproduction of record.—The fact that parts of the record are not included in the reproduced record shall not prevent the parties or the appellate court from relying on such parts.
Official Note: The general rule has long been that evidence which has no relation to or connection with the questions involved must not be reproduced. See former Supreme Court Rule 44, former Superior Court Rule 36 and former Commonwealth Court Rule 88. See also, e.g., Shapiro v. Malarkey, 278 Pa. 78, 84, 122 Atl. 341, 342, 29 A.L.R. 1358 (1923); Sims v. Pennsylvania R.R. Co., 279 Pa. 111, 117, 123 Atl. 676, 679 (1924).
See [Rule] Pa.R.A.P. 2189 for procedure in cases involving the death penalty.
Rule 2156. Supplemental Reproduced Record.
When, because of exceptional circumstances, the parties are not able to cooperate on the preparation of the reproduced record as a single document, the appellee may, in lieu of proceeding as otherwise provided in this chapter, prepare, serve, and file a [Supplemental Reproduced Record] supplemental reproduced record setting forth the portions of the record designated by the appellee. A supplemental reproduced record shall contain the certificate of compliance required by Pa.R.A.P. 127.
Official Note: Former Supreme Court Rules 36, 38, and 57, former Superior Court Rules 28, 30, and 47 and former Commonwealth Court Rules 32A, 82, and 84 all inferentially recognized that a supplemental record might be prepared by the appellee, but the former rules were silent on the occasion for such a filing. The preparation of a single reproduced record has obvious advantages, especially where one party designates one portion of the testimony, and the other party designates immediately following testimony on the same subject. However, because of emergent circumstances or otherwise, agreement on the mechanics of a joint printing effort may collapse, without affording sufficient time for the filing and determination of an application for enforcement of the usual procedures. In that case an appellee may directly present the relevant portions of the record to the appellate court.
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CHAPTER 25. POST-SUBMISSION PROCEEDINGS
APPLICATION FOR REARGUMENT Rule 2544. Contents of Application for Reargument.
(a) General rule.—The application for reargument 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):
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(3) A concise statement of the reasons relied upon for allowance of reargument. See [Rule] Pa.R.A.P. 2543 (considerations governing allowance of reargument).
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(d) Certificate of compliance.[—]
(1) Word count.—An application for reargument that does not exceed 8 pages when produced on a word processor or typewriter shall be deemed to meet the limitation in [subdivision] paragraph (c) of this rule. In all other cases, the attorney or unrepresented filing party shall include a certification that the application for reargument complies with the word count limits. The certificate may be based on the word count of the word processing system used to prepare the application for reargument.
(2) Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.—An application for reargument shall contain the certificate of compliance required by Pa.R.A.P. 127.
(e) Essential requisites of application.—The failure of an applicant to present with accuracy, brevity, and clearness whatever is essential to a ready and adequate understanding of the points requiring reconsideration will be a sufficient reason for denying the application.
(f) Multiple applicants.—Where permitted by [Rule] Pa.R.A.P. 512 (joint appeals) a single application for reargument may be filed.
Rule 2545. Answer to Application for Reargument.
(a) General rule.—Except as otherwise prescribed by this rule, within 14 days after service of an application for reargument, an adverse party may file an answer. The answer shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized. The answer need not be set forth in numbered paragraphs in the manner of a pleading. The answer shall set forth any procedural, substantive or other argument or ground why the court should not grant reargument. The answer shall contain the certificate of compliance required by Pa.R.A.P. 127. No separate motion to dismiss an application for reargument will be received. A party entitled to file an answer under this rule who does not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter stating that an answer to the application for reargument will not be filed. The failure to file an answer will not be construed as concurrence in the request for reargument.
(b) Children's fast track appeals.—In a children's fast track appeal, within 7 days after service of an application for reargument, an adverse party may file an answer. The answer shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized. The answer need not be set forth in numbered paragraphs in the manner of a pleading. The answer shall set forth any procedural, substantive or other argument or ground why the court should not grant reargument. The answer shall contain the certificate of compliance required by Pa.R.A.P. 127. No separate motion to dismiss an application for reargument will be received. A party entitled to file an answer under this rule who does not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter stating that an answer to the application for reargument will not be filed. The failure to file an answer will not be construed as concurrence in the request for reargument.
CHAPTER 27. FEES AND COSTS IN APPELLATE COURTS AND ON APPEAL
COSTS Rule 2751. Applications for Further Costs and Damages.
An application for further costs and damages must be made before the record is remanded, unless the appellate court, for cause shown, shall otherwise direct. Such an application must set forth specifically the reasons why it should be granted, and shall be accompanied by the opinion of the court and the briefs used therein. An application for further costs and damages shall contain the certificate of compliance required by Pa.R.A.P. 127.
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Explanatory Comment On January 6, 2017, the Supreme Court of Pennsylvania adopted the Public Access Policy: Case Records of the Appellate and Trial Courts (Policy), which will become effective January 6, 2018. In anticipation of the implementation of the Policy, the Appellate Court Procedural Rules Committee is proposing new Pa.R.A.P. 127, which provides that absent any applicable authority that constrains public access, all appellate court filings must comply with the Policy. Of particular importance are the requirements of Sections 7.0 and 8.0 governing confidential information and confidential documents. In addition, the rule provides that all practitioners and unrepresented parties must certify that a filing is compliant with the Policy. Reference to the requirements of Pa.R.A.P. 127 have been inserted through the Rules pertaining to filings.
The Committee is also proposing amendment of Pa.R.A.P. 1931 and 1952 to provide for the identification of sealed case records or documents in the lower court or government unit. These amendments, in conjunction with Pa.R.A.P. 127(b), will provide that documents previously sealed will remain sealed on appeal unless an appellate court orders otherwise.
[Pa.B. Doc. No. 17-1328. Filed for public inspection August 11, 2017, 9:00 a.m.]
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