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PA Bulletin, Doc. No. 08-1792

THE COURTS

Title 210--APPELLATE PROCEDURE

[ 210 PA. CODE CH. 19 ]

Order Amending Pa.R.A.P. 1921; No. 194; Appellate Procedural Rules; Doc. No. 1

[38 Pa.B. 5422]
[Saturday, October 4, 2008]

Amended Order

Per Curiam:

   And Now, this 13th day of August, 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 1921 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 immediately.

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 1921. Composition of Record on Appeal.

   The original papers and exhibits filed in the lower court, hard copies of legal papers filed with the prothonotary by means of electronic filing, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the lower court shall constitute the record on appeal in all cases.

   Official Note: The rule is intended as a codification of present practice. An appellate court may consider only the facts which have been duly certified in the record on appeal. Commonwealth v. Young, 456 Pa. 102, 115, 317 A.2d 258, 264 (1974).

Explanatory Comment--2008

   Pa.R.C.P. No. 205.4(a)(1) authorizes a court by local rule to permit or require electronic filing of legal papers with the prothonotary. Therefore, the amendment to Rule 1921 provides that where such electronic filing is utilized, hard copies of legal papers electronically filed shall become part of the record on appeal.

[Pa.B. Doc. No. 08-1792. Filed for public inspection October 3, 2008, 9:00 a.m.]


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