RULE 8. [Reserved]

Rule


8.1—8.8    [Reserved].

Rule 8.1—8.8. [Reserved].


Source

   The provisions of these Rules 8.1—8.8 reserved December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098. Immediately preceding text appears at serial pages (236797) to (236798).

CHAPTER VIII. RECONSIDERATION


Rule


8.1.    Exceptions and Post-Trial Motions.
8.2.    Motions for Reconsideration.

Source

   The provisions of this Chapter VIII adopted December 1, 2015, effective September 1, 2016, 45 Pa.B. 7098, unless otherwise noted.

Rule 8.1. Exceptions and Post-Trial Motions.

 Except as provided in Rule 8.2, no exceptions or post-trial motions may be filed to any order or decree of the court.

   Explanatory Comment

   The former exception practice is discontinued, and this Rule clarifies that post-trial motion practice applicable in the Civil Division of the Court of Common Pleas is not applicable in the Orphans’ Court Division.

Rule 8.2. Motions for Reconsideration.

 (a)  By motion, a party may request the court to reconsider any order that is final under Pa.R.A.P. 341(b) or 342, or interlocutory orders subject to immediate appeal under Pa.R.A.P. 311, so long as the order granting reconsideration is consistent with Pa.R.A.P. 1701(b)(3).

 (b)  Upon a motion to do so, a court may reconsider an interlocutory order at any time.

 (c)  Motions for reconsideration are not permitted to any order in involuntary termination or adoption matters under the Adoption Act, 23 Pa.C.S. §  2101 et seq.

   Explanatory Comment

   The period for filing an appeal is not tolled by the filing of a motion for reconsideration unless the court grants the motion for reconsideration prior to the expiration of the appeal period. See Pa.R.A.P. 1701(b)(3). Interlocutory orders may be reconsidered anytime during the pendency of the proceeding. See Key Automotive Equip. Specialists, Inc. v. Abernethy, 636 A.2d 1126, 1128 (Pa. Super. 1994); 42 Pa.C.S. §  5505.



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.