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PA Bulletin, Doc. No. 12-758

THE COURTS

Title 210—APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

[ 210 PA. CODE CHS. 1, 9, 11 AND 15 ]

Order Amending Rules 121, 903, 1113 and 1512 of the Rules of Appellate Procedure; No. 218 Appellate Procedural Rules Doc.

[42 Pa.B. 2269]
[Saturday, April 28, 2012]

Order

Per Curiam

 And Now, this 9th day of April, 2012, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been published for public comment at 40 Pa.B. 7207 (December 18, 2010):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 121, 903, 1113 and 1512 of the Pennsylvania Rules of Appellate Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and the amendments herein shall be effective in 30 days.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

ARTICLE I. PRELIMINARY PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

DOCUMENTS GENERALLY

Rule 121. Filing and Service.

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 Official Note: 

 Subdivision (a)—The term ''related papers'' in [Subdivision] subdivision (a) of this rule includes any appeal papers required under Rule 1702 (stay ancillary to appeal) as a prerequisite to an application for a stay or similar relief.

 In 2008, the term ''paperbooks'' was replaced with ''briefs and reproduced records'' throughout these rules. The reference to the deemed filing date for paperbooks when first class mail was used that was formerly found in subdivision (a) is now found in [Pa.R.A.P.] Rule 2185 regarding filing briefs and in [Pa.R.A.P.] Rule 2186 regarding filing reproduced records.

 As to pro se filings by persons incarcerated in correctional facilities, see Commonwealth v. Jones, 549 Pa. 58, 700 A.2d 423 (1997); Smith v. Pa. Bd. of Prob. & Parole, 546 Pa. 115, 683 A.2d 278 (1996); Commonwealth v. Johnson, 860 A.2d 146 (Pa. Super. 2004).

 Subdivision (c)—An acknowledgement of service may be executed by an individual other than the person served, e.g., by a clerk or other responsible person.

 Subdivision (d)—With respect to appearances by new counsel following the initial docketing of appearances pursuant to [Subdivision] subdivision (d) of this rule, please note the requirements of Rule 120 (entry of appearance).

 Subdivision (e)—Subdivision (e) of the rule does not apply to the filing of a notice of appeal, a petition for allowance of appeal, a petition for permission to appeal, or a petition for reconsideration or re-argument, since under these rules the time for filing such papers runs from the entry and service of the related order, nor to the filing of a petition for review, which is governed by similar considerations. However, these rules permit the filing of such notice and petitions (except a petition for reconsideration or re-argument) in the local county (generally in the county court house; otherwise in a post office), thus eliminating a major problem under the prior practice. The amendments to Rules 903(b), 1113(b) and 1512(a)(2) clarified that subdivision (e) does apply to calculating the deadline for filing cross-appeals, cross-petitions for allowance of appeal and additional petitions for review.

ARTICLE II. APPELLATE PROCEDURE

CHAPTER 9. APPEALS FROM LOWER COURTS

Rule 903. Time for Appeal.

*  *  *  *  *

 (b) Cross appeals. Except as otherwise prescribed in [Subdivision] subdivision (c) of this rule, if a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days of the date on which the first notice of appeal was [filed] served, or within the time otherwise prescribed by this rule, whichever period last expires.

 (c) Special provisions. Notwithstanding any other provision of this rule:

*  *  *  *  *

 (3) In a criminal case in which no post-sentence motion has been filed, the notice of appeal shall be filed within 30 days of the imposition of the [judgement] judgment of sentence in open court.

 Official Note: 42 Pa.C.S. § 5571(a) (appeals generally) provides that the time for filing an appeal, a petition for allowance of appeal, a petition for permission to appeal or a petition for review or a quasi-judicial order, in the Supreme Court, the Superior Court or the Commonwealth Court shall be governed by general rules and that no other provision of 42 Pa.C.S. Ch. 55D shall be applicable to such matters. In order to prevent inadvertent legislative creation of nonuniform appeal times, 42 Pa.C.S. § 1722(c) (time limitations) expressly authorizes the suspension by general rule of nonuniform statutory appeal times. See also 42 Pa.C.S. § 5501(a) (scope of chapter), which makes Chapter 55 (limitation of time) of the Judicial Code subordinate to any other statute prescribing a different time in the case of an action or proceeding, but which does not so provide in the case of an appeal.

 Thus, on both a statutory and constitutional basis, this rule supersedes all inconsistent statutory provisions prescribing times for appeal.

 As to subdivision (b), compare 42 Pa.C.S. § 5571(f) (cross appeals).

 A party filing a cross appeal pursuant to [Subdivision] subdivision (b) should identify it as a cross appeal in the notice of appeal to assure that the prothonotary will process the cross appeal with the initial appeal. See also Rule 511 (cross appeals), Rule 2113 ([Reply Brief] reply brief), Rule 2136 ([Briefs in Cases of Cross Appeals] briefs in cases involving cross appeals), Rule 2185 ([Time for Serving and Filing of Briefs] service and filing of briefs) and Rule 2322 [Cross and Separate Appeals] (cross and separate appeals).

 In Re Petition of the Board of School Directors of the Hampton Township School District, 688 A.2d 279 (Pa. Cmwlth. 1997), the Commonwealth Court panel held that Rule 903(b) does not extend the appeal period for any other party to file an appeal unless the party is ''adverse.'' Under the 2002 amendment to Rule 511, the requirement that a party be adverse in order to file a cross appeal is eliminated. Once a notice of appeal is filed by one party, any other party may file a cross appeal within fourteen days.

 Rule of Appellate Procedure 107 incorporates by reference the rules of construction of the Statutory Construction Act of 1972, 1 Pa.C.S. §§ [1901 through 1991] 1901—1991. See 1 Pa.C.S. § 1908 relating to computation of time for the rule of construction relating to (1) the exclusion of the first day and inclusion of the last day of a time period and (2) the omission of the last day of a time period which falls on Saturday, Sunday or legal holiday.

 See [Pa.R.A.P.] Rule 108 (date of entry of orders) and Explanatory Comment—2007 thereto, [Pa.R.A.P.] Rule 301(a)(1) and (2) (entry upon docket below), and Pa.R.Crim.P. 462, 720, and 721 governing criminal appeals.

*  *  *  *  *

CHAPTER 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT

PETITION FOR ALLOWANCE OF APPEAL

Rule 1113. Time for Petitioning for Allowance of Appeal.

*  *  *  *  *

 (b) Cross petitions.—Except as otherwise prescribed in [Subdivision] subdivision (c) of this rule, if a timely petition for allowance of appeal is filed by a party, any other party may file a petition for allowance of appeal within 14 days of the date on which the first petition for allowance of appeal was [filed] served, or within the time otherwise prescribed by this rule, whichever period last expires.

 (c) Special provisions.—Notwithstanding any other provision of this rule, a petition for allowance of appeal from an order in any matter arising under any of the following shall be filed within ten days after the entry of the order sought to be reviewed:

 (1) Pennsylvania Election Code.

 (2) Local Government Unit Debt Act or any similar statute relating to the authorization of public debt.

 Official Note: See note to Rule 903 (time for appeal).

 A party filing a cross petition for allowance of appeal pursuant to [Subdivision] subdivision (b) should identify it as a cross petition to assure that the prothonotary will process the cross petition with the initial petition. See also Rule 511 (cross appeals), Rule 2136 ([Briefs in Cases Involving Cross Appeals] briefs in cases involving cross appeals) and Rule 2322 ([Cross and Separate Appeals] cross and separate appeals).

CHAPTER 15. JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS

PETITION FOR REVIEW

Rule 1512. Time for Petitioning for Review.

 (a) Appeals authorized by law.—Except as otherwise prescribed by [Subdivision] subdivision (b) of this rule:

 (1) A petition for review of a quasijudicial order, or an order appealable under 42 Pa.C.S. § 763(b) (awards of arbitrators) or under any other provision of law, shall be filed with the prothonotary of the appellate court within 30 days after the entry of the order.

 (2) If a timely petition for review of such an order is filed by a party, any other party may file a petition for review within 14 days of the date on which the first petition for review was [filed] served, or within the time otherwise prescribed by [Subdivision] subdivision (a)(1) of this rule, whichever period last expires.

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[Pa.B. Doc. No. 12-758. Filed for public inspection April 27, 2012, 9:00 a.m.]


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