CHAPTER 1. GENERAL PROVISIONS

Rule 101. Title and Citation of Rules.

 Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule:

   Action—Any action or proceeding at law or in equity.

   Argument—Where required by the context, the term includes submission on briefs.

   Administrative Office—The Administrative Office of Pennsylvania Courts.

   Appeal—Any petition or other application to a court for review of subordinate governmental determinations. The term includes an application for certiorari under 42 Pa.C.S. §  934 (writs of certiorari) or under any other provision of law. Where required by the context, the term includes proceedings on petition for review.

   Note

   Under these rules a ‘‘subordinate governmental determination’’ includes an order of a lower court. The definition of ‘‘government unit’’ includes courts, and the definition of ‘‘determination’’ includes action or inaction by (and specifically an order entered by) a court or other government unit. In general any appeal now extends to the whole record, with like effect as upon an appeal from a judgment entered upon the verdict of a jury in an action at law and the scope of review of an order on appeal is not limited as on broad or narrow certiorari. See 42 Pa.C.S. §  5105(d) (scope of appeal).

   Appellant—Includes petitioner for review.

   Appellate court—The Supreme Court, the Superior Court or the Commonwealth Court.

   Appellee—Includes a party named as respondent in a petition for review.

   Application—Includes a petition or a motion.

   Appropriate security—Security which meets the requirements of Rule 1734 (appropriate security).

   Children’s fast track appeal—Any appeal from an order involving dependency, termination of parental rights, adoptions, custody or paternity. See 42 Pa.C.S. § §  6301 et seq.; 23 Pa.C.S. § §  2511 et seq.; 23 Pa.C.S. § §  2101 et seq.; 23 Pa.C.S. § §  5301 et seq.; 23 Pa.C.S. § §  5102 et seq.

   Clerk—Includes prothonotary.

   Counsel—Counsel of record.

   Determination—Action or inaction by a government unit which action or inaction is subject to judicial review by a court under Section 9 of Article V of the Constitution of Pennsylvania or otherwise. The term includes an order entered by a government unit.

   Docket Entries—Includes the schedule of proceedings of a government unit.

   General rule—A rule or order promulgated by or pursuant to the authority of the Supreme Court.

   Government unit—The Governor and the departments, boards, commissions, officers, authorities and other agencies of the Commonwealth, including the General Assembly and its officers and agencies and any court or other officer or agency of the unified judicial system, and any political subdivision or municipal or other local authority or any officer or agency of any such political subdivision or local authority. The term includes a board of arbitrators whose determination is subject to review under 42 Pa.C.S. §  763(b) (awards of arbitrators).

   Judge—Includes a justice of the Supreme Court.

   Lower court—The court from which an appeal is taken or to be taken. With respect to matters arising under Chapter 17 (effect of appeals; supersedeas and stays) the term means the trial court from which the appeal was first taken.

   Matter—Action, proceeding or appeal. The term includes a petition for review.

   Order—Includes judgment, decision, decree, sentence and adjudication.

   Petition for allowance of appeal—A petition under Rule 1112 (appeals by allowance).

   Petition for permission to appeal—A petition under Rule 1311 (interlocutory appeals by permission).

   Petition for review—A petition under Rule 1511 (manner of obtaining judicial review of governmental determinations).

   President judge—When applied to the Supreme Court, the term means the Chief Justice of Pennsylvania.

   Proof of service—Includes acknowledgment of service endorsed upon a pleading.

   Quasijudicial order—An order of a government unit, made after notice and opportunity for hearing, which is by law reviewable solely upon the record made before the government unit, and not upon a record made in whole or in part before the reviewing court.

   Reargument—Includes, in the case of applications for reargument under Chapter 25 (post-submission proceedings), reconsideration and rehearing.

   Reconsideration—Includes reargument and rehearing.

   Reproduced Record—That portion of the record which has been reproduced for use in an appellate court. The term includes any supplemental reproduced record.

   Rule of court—A rule promulgated by a court regulating practice or procedure before the promulgating court.

   Verified Statement—A document filed with a clerk under these rules containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. §  4904 (unsworn falsification to authorities).

   Official Note

   Based on 42 Pa.C.S. §  102 (definitions). The definition of ‘‘determination’’ is not intended to affect the scope of review provided by 42 Pa.C.S. §  5105(d) (scope of appeal) or other provision of law.

 (a)  General rule.—Each appellate court may from time to time make and amend rules of court governing its practice:

   (1)  On any subject within the scope of Chapter 23 (sessions and arguments) notwithstanding any inconsistent provision of such chapter.

   (2)  On any subject covered by these rules where these rules expressly authorize the adoption of a rule of court inconsistent with a provision of these rules applicable to appellate courts generally.

   (3)  On any other subject, if such rule of court is not inconsistent with these rules.
All rules of court and changes therein adopted pursuant to this rule shall be promulgated as amendments to Chapters 33, 35 or 37, as appropriate. In all cases not provided for by rule, the appellate courts may regulate their practice in any manner not inconsistent with these rules.

 (b)  Briefs and reproduced records in Commonwealth Court evidentiary hearing matters.—The Commonwealth Court may from time to time make and amend rules of court governing its practice in matters which under the applicable law may be determined in whole or in part upon the record made before the court, notwithstanding any inconsistent provision of Chapter 21 (briefs and reproduced record) or Chapter 25 (post-submission proceedings).

   Note

   Under 42 Pa.C.S. §  323 (powers) every court has, except as otherwise prescribed by general rules, power to make such rules and orders of court as the interest of justice or the business of the court may require.

   All rules of court must be adopted in compliance with Pa. R.J.A. No. 103, which (except in the case of Supreme Court rules of court) requires filing in the Administrative Office prior to the effectiveness of such rules.

   Rules contained in Chapters 33, 35 and 37 applicable to a particular appellate court should always be examined to determine whether they have superseded provisions of these rules applicable to appellate courts generally. Also, review of any applicable internal operating procedures may afford material guidance. See, e.g. 210 Pa. Code Ch. 67 (internal operating procedures of the Commonwealth Court).

 (a)  Liberal construction and modification of rules.—These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every matter to which they are applicable. In the interest of expediting decision, or for other good cause shown, an appellate court may, except as otherwise provided in Subdivision (b) of this rule, disregard the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction.

 (b)  Enlargement of time.—An appellate court for good cause shown may upon application enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time, but the court may not enlarge the time for filing a notice of appeal, a petition for allowance of appeal, a petition for permission to appeal, or a petition for review.

   Official Note

   42 Pa.C.S. §  5504 (judicial extension of time) provides that the time limited by, inter alia, Chapter 55D (appeals) of the Judicial Code shall not be extended by order, rule or otherwise except that the time limited may be extended to relieve fraud or its equivalent, but that there shall be no extension of time as a matter of indulgence or with respect to any criminal proceeding. However, under 42 Pa.C.S. §  5571(a) (appeals generally) statutory time limits under Chapter 55D do not apply to appeals to or other judicial review by the Supreme, Superior or Commonwealth Courts.

   Subdivision (b) of this rule is not intended to affect the power of a court to grant relief in the case of fraud or breakdown in the processes of a court.

 Unless otherwise prescribed by these rules the practice and procedure in matters brought before an appellate court within its original jurisdiction shall be in accordance with the appropriate general rules applicable to practice and procedure in the courts of common pleas, so far as they may be applied.

   Official Note

   Based on former Commonwealth Court Rule 119. The last clause of the rule refers to provisions which must be adapted to the nature and jurisdiction of the court involved.

 Chapter 19 of Title 1 of the Pennsylvania Consolidated Statutes (rules of construction) so far as not inconsistent with any express provision of these rules, shall be applicable to the interpretation of these rules and all amendments hereto to the same extent as if these rules were enactments of the General Assembly.

   Official Note

 (a)  General rule.

   (1)  Except as otherwise prescribed in this rule, in computing any period of time under these rules involving the date of entry of an order by a court or other government unit, the day of entry shall be the day the clerk of the court or the office of the government unit mails or delivers copies of the order to the parties, or if such delivery is not otherwise required by law, the day the clerk or office of the government unit makes such copies public. The day of entry of an order may be the day of its adoption by the court or other government unit, or any subsequent day, as required by the actual circumstances.

   (2)  When pursuant to law a determination of a government unit other than a court is deemed to have been made by reason of the expiration of a specified period of time after submission of a matter to the government unit or after another prior event, any person affected may treat the expiration of such period as equivalent to the entry of an order for the purposes of appeal (in which event the notice of appeal or other document seeking review shall set forth briefly facts showing the applicability of this paragraph) and shall so treat the expiration of the period where the person has actual knowledge (other than knowledge of the mere lapse of time) that the implied determination has occurred.

 (b)  Civil orders.—The date of entry of an order in a matter subject to the Pennsylvania Rules of Civil Procedure shall be the day on which the clerk makes the notation in the docket that notice of entry of the order has been given as required by Pa. R.Civ.P. 236(b).

 (c)  Emergency appeals.—Notwithstanding Subdivisions (a) and (b) of this rule, an order subject to Rule 301(e) (emergency appeals) shall be deemed entered for the purposes of these rules when the party intending to appeal has complied with such rule to the extent practicable under the circumstances.

 (d)  Criminal orders.

   (1)  In determining the date of entry of criminal orders, subdivision (a)(1) shall apply except as provided in subparagraph (d)(2).

   (2)  In a criminal case in which no post-sentence motion has been filed, the date of imposition of sentence in open court shall be deemed to be the date of entry of the judgment of sentence.

   Official Note

   Based in part on 42 Pa.C.S. §  5572 (time of entry of order) (which is not applicable to appeals to or judicial review of quasijudicial orders by the Supreme, Superior or Commonwealth Courts; see 42 Pa.C.S. §  5571(a) (appeals generally)) and 1 Pa. Code §  31.13. The purpose of this rule is to fix a date from which the time periods such as those set forth in Rules 903 (time for appeal), 1113 (time for petitioning for allowance of appeal), 1311 (interlocutory appeals by permission), 1512 (time for petitioning for review) and 2542 (time for application for reargument) shall be computed. Rule 5101(g) (statutes suspended) suspends all inconsistent statutes so that all appellate time periods are now computed on the same basis.

   Subdivision (a)(2) is patterned after 42 Pa.C.S. §  5571(c)(6) (implied determinations). See note to Rule 903 (time for appeal). The purpose of the provision is, on the one hand, to permit an aggrieved party to appeal immediately after the expiration of the period notwithstanding the failure of the government unit to take formal action, and on the other, to eliminate complicated calendar watching by forcing the government unit or another affected person to notify all parties of the expiration of the period as a prerequisite to commencement of the running of the appeal period for the purpose of the finality of the implied determination. See, e.g. Rule 1571(b)(3) (determinations of the Board of Finance and Revenue).

   See Pa.R.A.P. 301(a)(1) and (2), Pa.R.A.P. 903(c)(3), and Pa.R.Crim. P. 462, 720, and 721 governing criminal appeals.

   Where a determination is implied by the passage of time without action by a government unit, an aggrieved party is given the option either to appeal at once at the expiration of the period or to rely on the government unit or other affected person to give notice that an implied determination has been made.

   New subdivision (d) governs criminal appeals. Under new subdivision (d), when no post-sentence motion is filed, the time for appeal begins to run from the date of imposition of sentence. See Pa.R.Crim.P. 462(G)(2), 720(A)(3) and (D), and 721(B)(2)(a)(ii), and the conforming amendments to Pa.R.A.P. 301(a)(2) and 903(c)(3), and 2006 Explanatory Comment thereto. See also Commonwealth v. Green, 862 A.2d 613 (Pa. Super. 2004) (en banc), allocatur denied, 584 Pa. 692, 882 A.2d 477 (2005). When post-sentence motions are denied by operation of law, the appeal period shall run from the date of entry of the order denying the motion by operation of law. See Pa.R.Crim.P. 720(B)(3)(c).

   The provisions of this Rule 108 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740; amended February 27, 1980, 10 Pa.B. 1038, effective date as set forth at 10 Pa.B. 1038; amended January 18, 2007, effective August 1, 2007, 37 Pa.B. 521. Immediately preceding text appears at serial pages (321596) and (303523).

DOCUMENTS GENERALLY

Rule 120. Entry of Appearance.

 (a)  Filing.—Any counsel filing papers required or permitted to be filed in an appellate court must enter an appearance with the prothonotary of the appellate court unless that counsel has been previously noted on the docket as counsel pursuant to Rules 907(b), 1112(f), 1311(d) or 1514(d). New counsel appearing for a party after docketing pursuant to Rules 907(b), 1112(f), 1311(d), or 1514(d) shall file an entry of appearance simultaneous with or prior to the filing of any papers signed by new counsel. The entry of appearance shall specifically designate each party the attorney represents and the attorney shall file a certificate of service pursuant to Subdivision (d) of Rule 121 and Rule 122. Where new counsel enters an appearance on behalf of a party currently represented by counsel and there is no simultaneous withdrawal of appearance, new counsel shall serve the party that new counsel represents and all other counsel of record and file a certificate of service.

   Official Note

   See Subdivision (b) of Rule 907, Subdivision (f) of Rule 1112, Subdivision (d) of Rule 1311 and Subdivision (d) of Rule 1514.

 (a)  Filing.—Papers required or permitted to be filed in an appellate court shall be filed with the prothonotary. Filing may be accomplished by mail addressed to the prothonotary, but except as otherwise provided by these rules, filing shall not be timely unless the papers are received by the prothonotary within the time fixed for filing. If an application under these rules requests relief which may be granted by a single judge, a judge in extraordinary circumstances may permit the application and any related papers to be filed with that judge. In that event the judge shall note thereon the date of filing and shall thereafter transmit such papers to the clerk.

 A pro se filing submitted by a prisoner incarcerated in a correctional facility is deemed filed as of the date it is delivered to the prison authorities for purposes of mailing or placed in the institutional mailbox, as evidenced by a properly executed prisoner cash slip or other reasonably verifiable evidence of the date that the prisoner deposited the pro se filing with the prison authorities.

 (b)  Service of all papers required.—Copies of all papers filed by any party and not required by these rules to be served by the prothonotary shall, concurrently with their filing, be served by a party or person acting on behalf of that party or person on all other parties to the matter. Service on a party represented by counsel shall be made on counsel.

 (c)  Manner of service.—Service may be:

   (1)  by personal service, which includes delivery of the copy to a clerk or other responsible person at the office of the person served, but does not include inter-office mail;

   (2)  by first class, express, or priority United States Postal Service mail;

   (3)  by commercial carrier with delivery intended to be at least as expeditious as first class mail if the carrier can verify the date of delivery to it;

   (4)  by facsimile or e-mail with the agreement of the party being served as stated in the certificate of service.

 Service by mail is complete on mailing.

 (d)  Proof of service.—Papers presented for filing shall contain an acknowledgement of service by the person served, or proof of service certified by the person who made service. Acknowledgement or proof of service may appear on or be affixed to the papers filed. The clerk may permit papers to be filed without acknowledgement or proof of service but shall require such to be filed promptly thereafter.

 (e)  Additional time after service by mail and commercial carrier.—Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon that party (other than an order of a court or other government unit) and the paper is served by United States mail or by commercial carrier, three days shall be added to the prescribed period.

   Official Note

   Subdivision (a)—The term ‘‘related papers’’ in 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. 2185 regarding filing briefs and in Pa.R.A.P. 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 (d) of this rule, please note the requirements of Rule 120.

   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.

 (a)  Content.—A proof of service shall contain a statement of the date and manner of service and of the names of the persons served.

 (b)  Form.—Each name and address shall be separately set forth in the form of a mailing address, including applicable zip code, regardless of the actual method of service employed. The proof of service shall also show the telephone number, the party represented, and, where applicable, an e-mail or facsimile address. The name, address and telephone number of the serving party shall be similarly set forth, followed by the attorney’s registration number. A proof of service may be in substantially the following form:

 I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121:

   Official Note

   Under 18 Pa.C.S. §  4904 (unsworn falsification to authorities) a knowingly false proof of service constitutes a misdemeanor of the second degree.

 (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 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.

 (b)  Answer.—Any party may file an answer to an application within 14 days after service of the application, but applications under Chapter 17 (effect of appeals; supersedeas and stays), or for delay in remand of the record, may be acted upon after reasonable notice, unless the exigency of the case is such as to impel the court to dispense with such notice. The court may shorten or extend the time for answering any application. Answers shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized.

 (c)  Speaking applications.—An application or answer which sets forth facts which do not already appear of record shall be verified by some person having knowledge of the facts, except that the court, upon presentation of such an application or answer without a verified statement, may defer action pending the filing of a verified statement or it may in its discretion act upon it in the absence of a verified statement if the interests of justice so require.

 (d)  Oral argument.—Unless otherwise ordered by the court, oral argument will not be permitted on any application.

 (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 3102(c)(2) (relating to quorum in Commonwealth Court in any election matter).

   Official Note

   The 1997 amendment precludes review by the Commonwealth Court of actions of a single judge in election matters.

 (a)  Size and other physical characteristics.—All documents filed in an appellate court shall be on 8 1/2 inch by 11 inch paper and shall comply with the following requirements:

   (1)  The document shall be prepared on white paper (except for covers, dividers and similar sheets) of good quality.

   (2)  The first sheet (except the cover of a brief or reproduced record) shall contain a 3 inch space from the top of the paper for all court stampings, filing notices, etc.

   (3)  The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Except as provided in subdivision (2), margins must be at least one inch on all four sides.

   (4)  The lettering shall be clear and legible and no smaller than point 12. The lettering shall be on only one side of a page, except that exhibits and similar supporting documents, briefs and reproduced records may be lettered on both sides of a page.

   (5)  Any metal fasteners or staples must be covered. Documents and papers must be firmly bound.

   (6)  No backers shall be necessary.

 (b)  Nonconforming papers.—The prothonotary of an appellate court may accept any nonconforming paper or other document.

 (c)  Copies.—Except as otherwise prescribed by these rules:

   (1)  An original of an application for continuance or advancement of a matter shall be filed.

   (2)  An original and eight copies of any other application in the Supreme Court and an original and three copies of any other application in the Superior Court or the Commonwealth Court shall be filed but the court may require that additional copies be furnished.

   The provisions of this Rule 124 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended May 24, 1979, effective September 21, 1979, 9 Pa.B. 1853; amended May 16, 2003, effective 60 days after adoption, 33 Pa.B. 2586; amended September 10, 2008, effective December 1, 2008, 38 Pa.B. 5257. Immediately preceding text appears at serial page (322813).