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Rule 1114. Considerations Governing Allowance of Appeal.
Except as prescribed in Rule 1101 (appeals as of right from the Commonwealth Court), review of a final order of the Superior Court or the Commonwealth Court is not a matter of right, but of sound judicial discretion, and an appeal will be allowed only when there are special and important reasons therefor.
Official Note
Based on U.S. Supreme Court Rule 19. The following, while neither con- trolling nor fully measuring the discretion of the Supreme Court, indicate the character of the reasons which will be considered:
(1) Where the appellate court below has decided a question of substance not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with applicable decisions of the Supreme Court of Pennsylvania or the Supreme Court of the United States.
(2) Where an appellate court has rendered a decision in conflict with the decision of the other appellate court below on the same question, or has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by an administrative agency or lower court, as to call for an exercise of the power of supervision of the Supreme Court.
(3) Where the question involves an issue of immediate public importance such as would justify assumption of plenary jurisdiction under 42 Pa.C.S. § 726 (extraordinary jurisdiction).
Source The provisions of this Rule 1114 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802. Immediately preceding text appears at serial page (27918).
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