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In re Order Amending Rule 2119 of Pennsylvania Rules of Appellate Procedure

Supreme Court of Pennsylvania

April 14, 2014

IN RE: ORDER AMENDING RULE 2119 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE

APPELLATE PROCEDURAL RULES

ORDER

PER CURIAM

AND NOW, this 14th day of April, 2014, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of efficient administration:

IT IS ORDERED, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 2119 of the Pennsylvania Rules of Appellate Procedure 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 immediately.

Additions to the rule are shown in bold and are underlined.

Deletions from the rule are shown in bold and in brackets.

Rule 2119. Argument. *

(b) Citations of authorities.—Citations of authorities must set forth the principle for which they are cited. Citations of uncodified statutes shall make reference to the book and page of the Laws of Pennsylvania (Pamphlet Laws) or other official edition, and also to a standard digest, where the statutes may be found. Citations of provisions of the Pennsylvania Consolidated Statutes may be in the form: ''1 Pa.C.S. § 1928 (rule of strict and liberal construction)'' and the official codifications of other jurisdictions may be cited similarly. Quotations from authorities or statutes shall also set forth the pages from which they are taken. Opinions of an appellate court of this or another jurisdiction shall be cited from the National Reporter System, if published therein[, and to the official reports of Pennsylvania appellate courts, if published therein].

* Official Note:

[Based on former Supreme Court Rule 55, former Superior Court Rule 45 and former Commonwealth Court Rule 95. The requirement for parallel citation to the Atlantic Reporter is extended to the Supreme Court and the Commonwealth Court and the related certificate of nonpublication in the official reports has been omitted. The requirement of former Superior Court Rule 45 that a party print in bold face up to three citations under each head chiefly relied upon, has been omitted. Counsel having available the Atlantic Reporter can readily obtain the official citation from cross-reference sheets ordinarily pasted on the flyleaf of each Atlantic Reporter volume; counsel having the official reports available can obtain the Atlantic Reporter citation from cross-references available in Shepard's Pennsylvania Citations - Case Edition or the National Reporter Blue Book.]

The 2014 amendment to paragraph (b) eliminated the requirement for parallel citation to the Pennsylvania State Reports, which is the official court reports of the Pennsylvania Supreme Court, the Pennsylvania Superior Court Reports, which had been the official court reports of the Pennsylvania Superior Court, and the Pennsylvania Commonwealth Court Reports, which had been the official court reports of the Commonwealth Court.

In some circumstances an appellant may have a right to appellate review of the discretionary aspects of a sentence. See Official Note to Pa.R.A.P. 341 [note to Rule 341 (final orders generally)]. In such cases a citation to the controlling authority will suffice for purposes of [Subdivision] paragraph (f).


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