Rule 4001. Scope of Chapter.
This Chapter shall apply to all appeals from a court-martial as permitted by the Pennsylvania Code of Military Justice, 51 Pa.C.S. § 5100 et seq. The other chapters of the Pennsylvania Rules of Appellate Procedure shall also be applicable, provided such application is not inconsistent with the Pennsylvania Code of Military Justice or preempted by the rules contained in this Chapter.
Official Note
The Pennsylvania Code of Military Justice (‘‘Code’’), 51 Pa.C.S. § 5100 et seq., provides for a right of appeal to the Superior Court from certain final judgments of courts-martial and specific interlocutory orders or rulings. This right of appeal under the Code is applicable only to proceedings involving ‘‘state military forces’’ or members of the Pennsylvania National Guard not in a status subjecting them to the exclusive jurisdiction of the United States.
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