Rule 1504. Improvident Petitions for Review.
If a filing in a court is labeled as a petition for review but the proper mode of relief is an original jurisdiction action in equity, replevin, mandamus or quo warranto, or a petition for a declaratory judgment or for a writ of certiorari or prohibition, this alone shall not be a ground for dismissal. The filing shall be regarded and acted upon as a complaint or other proper process and as if filed at the time the improvident filing was made. The court may require that the filing be clarified by amendment.
Official Note
Based on 42 Pa.C.S. § 102 (definitions) (which includes petition for review proceedings within the statutory definition of ‘‘appeal’’) and 42 Pa.C.S. § 708(b) (appeals). When the moving party files a clarifying amendment, the amendment will operate to specify that one form of action which the party elects to proceed on.
Source The provisions of this Rule 1504 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3862; amended January 7, 2020, effective August 1, 2020, 50 Pa.B. 505. Immediately preceding text appears at serial page (365257).
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