CONTENT OF BRIEFS


Rule 2111. Brief of the Appellant.

 (a)  General rule.—The brief of the appellant, except as otherwise prescribed by these rules, shall consist of the following matters, separately and distinctly entitled and in the following order:

   (1)  Statement of jurisdiction.

   (2)  Order or other determination in question.

   (3)  Statement of both the scope of review and the standard of review.

   (4)  Statement of the questions involved.

   (5)  Statement of the case.

   (6)  Summary of argument.

   (7)  Statement of the reasons to allow an appeal to challenge the discretionary aspects of a sentence, if applicable.

   (8)  Argument for appellant.

   (9)  A short conclusion stating the precise relief sought.

   (10)  The opinions and pleadings specified in Subdivisions (b) and (c) of this rule.

   (11)  In the Superior Court, a copy of the statement of errors complained of on appeal, filed with the trial court pursuant to Rule 1925(b), or an averment that no order requiring a statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) was entered.

 (b)  Opinions below.—There shall be appended to the brief a copy of any opinions delivered by any court or other government unit below relating to the order or other determination under review, if pertinent to the questions involved. If an opinion has been reported, that fact and the appropriate citation shall also be set forth.

 (c)  Pleadings.—When pursuant to Rule 2151(c) (original hearing cases) the parties are not required to reproduce the record, and the questions presented involve an issue raised by the pleadings, a copy of the relevant pleadings in the case shall be appended to the brief.

 (d)  Brief of the Appellant.—In the Superior Court, there shall be appended to the brief of the appellant a copy of the statement of errors complained of on appeal, filed with the trial court pursuant to Pa.R.A.P. 1925(b). If the trial court has not entered an order directing the filing of such a statement, the brief shall contain an averment that no order to file a statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) was entered by the trial court.

   Official Note

   The 1999 amendment requires a statement of the scope and standard of review. ‘‘ ‘Scope of review’ refers to ‘the confines within which an appellate court must conduct its examination.’ (Citation omitted.) In other words, it refers to the matters (or ‘what’) the appellate court is permitted to examine. In contrast, ‘standard of review’ refers to the manner in which (or ‘how’) that examination is conducted.’’ Morrison v. Commonwealth, Dept. of Public Welfare, 538 Pa. 122, 131, 646 A.2d 565, 570 (1994). This amendment incorporates the prior practice of the Superior Court pursuant to Pa.R.A.P. 3518 which required such statements. Accordingly, Rule 3518 has been rescinded as its requirement is now subsumed under paragraph (a)(2) of this Rule.

   Pa.R.A.P. 2119(f) requires a separate statement of reasons that an appellate court should allow an appeal to challenge the discretionary aspects of a sentence. The 2008 amendments recognize that, while Pa.R.A.P. 2119(f) does not apply to all appeals, an appellant must include the reasons for allowance of appeal as a separate enumerated section immediately before the Argument section if he or she desires to challenge the discretionary aspects of a sentence.

Source

   The provisions of this Rule 2111 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 14, 1999, effective January 14, 1999, 29 Pa.B. 544; amended March 20, 2003, effective immediately, 33 Pa.B. 1711; amended April 14, 2003, effective immediately, 33 Pa.B. 2044; amended October 15, 2004, effective 60 days thereafter, 34 Pa.B. 5888; amended May 10, 2007, effective 60 days after adoption, 37 Pa.B. 2409; amended June 5, 2008, effective 30 days after adoption, 38 Pa.B. 3355. Immediately preceding text appears at serial pages (327974) to (327975).



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