Rule 1972. Dispositions on Motion.

 Subject to Rule 123 (applications for relief), any party may move:

   (1)  To transfer the record of the matter to another court because the matter should have been commenced in, or the appeal should have been taken to, such other court. See Rule 741 (waiver of objections to jurisdiction).

   (2)  To transfer to another appellate court under Rule 752 (transfers between Superior and Commonwealth Courts).

   (3)  To dismiss for want of jurisdiction in the unified judicial system of this Commonwealth.

   (4)  To dismiss for mootness.

   (5)  To dismiss for failure to preserve the question below, or because the right to an appeal has been otherwise waived. See Rule 302 (requisites for reviewable issue) and Rule 1551(a) (review of quasijudicial orders).

   (6)  To continue generally or to quash because the appellant is a fugitive.

   (7)  To quash for any other reason appearing on the record.

 Any two or more of the grounds specified in this rule may be joined in the same motion. Unless otherwise ordered by the appellate court, a motion under this rule shall not relieve any party of the duty of filing his paperbooks within the time otherwise prescribed therefor. The court may grant or refuse the motion, in whole or in part; may postpone consideration thereof until argument of the case on the merits; or may make such other order as justice may require.

   Official Note

   Based on former Supreme Court Rule 33 and former Superior Court Rule 25.

   As to Paragraph (6) see, e.g. Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975) (continuing generally), Commonwealth v. Barron, 237 Pa. Super. 369, 352 A.2d 84 (1975) (quashing). Rule 1933 (record for preliminary hearing in appellate court) makes clear the right of a moving party to obtain immediate transmission of as much of the record as may be necessary for the purposes of a motion under this rule. See Rule 123(c) (speaking applications).

Source

   The provisions of this Rule 1972 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. Immediately preceding text appears at serial page (43039).



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