Rule 2140. Brief on Remand or Following Grant of Reargument or Reconsideration.

 (a)  General Rule.—Following a remand from the Supreme Court to the Superior Court or the Commonwealth Court, or an Order allowing reargument or reconsideration by any appellate court, unless otherwise directed by the Court having jurisdiction of the case, each party shall, within the time period specified below, either refile the brief previously filed together with a supplemental brief if desired, or prepare and file a substituted brief in accordance with this Rule.

 (b)  Cover on brief.—The brief (whether new or refiled) shall be appropriately titled to reflect the current status of the case (e.g. brief on remand, supplemental brief on remand, brief on reargument, supplemental brief on reargument).

 (c)  Order and time for filing.—On reargument or reconsideration, the party which petitioned for reargument or reconsideration shall file its brief, including any supplemental brief, within 21 days of the order allowing reargument or reconsideration. The respondent shall file its brief within 21 days after service of the petitioner’s brief. The petitioner may file a reply brief within 10 days after service of the respondent’s brief.

 On remand the original appellant or original petitioner shall file its brief, including any supplemental brief, within 21 days of the remand order. The original appellee or respondent shall file its brief within 21 days after service of the appellant’s or petitioner’s brief. The original appellant or original petitioner may file a reply brief within 10 days after service of the appellee’s or respondent’s brief.

 (d)  Page limits.—A substituted brief shall not exceed 70 pages when produced on a word processor/computer or typewriter. A supplemental brief shall not exceed 40 pages when produced on a word processor/computer or typewriter. A reply brief shall not exceed 25 pages when produced on a word processor/computer or typewriter.

   Official Note

   The number of copies of original, substituted and supplemental briefs to be filed on reargument or reconsideration is to be set by the Prothonotary of the Appellate Court with jurisdiction over the appeal and may be changed from time to time without notice to bar.

   The provisions of this Rule 2140 adopted March 31, 1989, effective July 1, 1989, 19 Pa.B. 1721; amended July 7, 1997, effective in 60 days, 27 Pa.B. 3503; amended September 22, 2006, effective immediately, 36 Pa.B. 6086. Immediately preceding text appears at serial pages (293796) to (293797).