Rule 1935. Notices and Reports Concerning Delinquent Transmission of Record.
(a) Notice to trial court judge.The prothonotary of the appropriate appellate court, within ten days after the date for filing the record in that court under Rule 1931, shall give written notice to the trial court judge of any delinquency in the transmission of the record. A copy of this notice shall also be forwarded to the president judge of the judicial district.
(b) Report to Supreme Court.If the record is further delayed and satisfactory explanation of the delay is not given, the appellate court prothonotary shall inform the Administrative Office, and where appropriate, the Court Administrator shall report any such case of neglect or refusal to comply with this chapter to the Supreme Court, which may consider and act on the matter as provided by Rule 506(b) of the Rules of Judicial Administration.
It is intended that the prothonotaries of the appellate courts monitor appeals in which the record is not timely filed under Rule 1931, and bring to the attention of the trial court judge any delinquency in such filing. Where the reminder from the prothonotary is unavailing, the matter is referred to the Administrative Office for further action.
The trial court has direct control over the official court reporter and staff, and it is appropriate, therefore, that notice of delinquency in filing the record on appeal be sent to the trial court judge. See e.g. Commonwealth v. Morgan, 469 Pa. 35, n.2, 364 A.2d 891, 892 n.2 (1976).
The provisions of this Rule 1935 issued under Article V, section 10, of the Constitution of Pennsylvania.
The provisions of this Rule 1935 amended through April 30, 1981, effective June 15, 1981, 11 Pa.B. 1625. Immediately preceding text appears at serial pages (45546) and (45547).
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