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In re Order Amending Rule 1925 of Pennsylvania Rules of Appellate Procedure

Supreme Court of Pennsylvania

March 18, 2014

IN RE: ORDER AMENDING RULE 1925 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE

APPELLATE PROCEDURAL RULES DOCKET

ORDER

PER CURIAM

AND NOW, this 18th day of March, 2014, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice:

IT IS ORDERED, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Appellate Procedure 1925 is amended in the attached form.

This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective April 18, 2014.

Additions to the rule are shown in bold and are underlined. Deletions from the rule are shown in bold and in brackets.

Rule 1925. Opinion in Support of Order

(a) Opinion in support of order

** ** *

(b) Direction to file statement of errors complained of on appeal; instructions to the appellant and the trial court.—If the judge entering the order giving rise to the notice of appeal ("judge") desires clarification of the errors complained of on appeal, the judge may enter an order directing the appellant to file of record in the trial court and serve on the judge a concise statement of the errors complained of on appeal ("Statement").

(1) Filing and service.—Appellant shall file of record the Statement and concurrently shall serve the judge. Filing of record and service on the judge shall be in person or by mail as provided in Pa.R.A.P. 121(a) and shall be complete on mailing if appellant obtains a United States Postal Service Form 3817, Certificate of Mailing, or other similar United States Postal Service form from which the date of deposit can be verified in compliance with the requirements set forth in Pa.R.A.P. 1112(c). Service on parties shall be concurrent with filing and shall be by any means of service specified under Pa.R.A.P. 121(c).

(2) Time for filing and service.—The judge shall allow the appellant at least 21 days from the date of the order's entry on the docket for the filing and service of the Statement. Upon application of the appellant and for good cause shown, the judge may enlarge the time period initially specified or permit an amended or supplemental Statement to be filed. Good cause includes, but is not limited to, delay in the production of a transcript necessary to develop the Statement so long as the delay is not attributable to a lack of diligence in ordering or paying for such transcript by the party or counsel on appeal. In extraordinary circumstances, the judge may allow for the filing of a Statement or amended or supplemental Statement [nunc pro tunc]nunc pro tunc.

(3) Contents of order.—The judge's order directing the filing and service of a Statement shall specify:


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