IN RE: ORDER AMENDING RULE 462 AND REVISING THE COMMENT TO RULE 460 OF THE PENNSYLVANIA RULES OF CRIMINAL PROCEDURE
PROCEDURAL RULES DOCKET
NOW, this 29th day of December, 2017,
upon the recommendation of the Criminal Procedural Rules
Committee; the proposal having been published before adoption
at 47 Pa.B. 3959 (July 22, 2017), and a Final
Report to be published with this ORDER:
IS ORDERED pursuant to Article V, Section 10 of the
Constitution of Pennsylvania that Pennsylvania Rule of
Criminal Procedure 462 is amended and the Comment to
Pennsylvania Rule of Criminal Procedure 460 is revised, in
the attached form.
ORDER shall be processed in accordance with
Pa.R.J.A. No. 103(b), and shall be effective April 1, 2018.
to the rules are shown in bold and are underlined.
from the rules are shown in bold and brackets.
460. NOTICE OF APPEAL.
When an appeal is authorized by law in a summary proceeding,
including an appeal following a prosecution for violation of
a municipal ordinance that provides for imprisonment upon
conviction or upon failure to pay a fine, an appeal shall be
perfected by filing a notice of appeal within 30 days after
the entry of the guilty plea, the conviction, or other final
order from which the appeal is taken. The notice of appeal
shall be filed with the clerk of courts.
notice of appeal shall contain the following information:
(1) the name and address of the appellant;
(2) the name and address of the issuing authority who
accepted the guilty plea or heard the case;
(3) the magisterial district number in which the case was
(4) the name and mailing address of the affiant as shown on
the complaint or citation;
(5) the date of the entry of the guilty plea, the conviction,
or other final order from which the appeal is taken;
(6) the offense(s) of which convicted or to which a guilty
plea was entered, if any;
(7) the sentence imposed, and if the sentence includes a
fine, costs, or restitution, whether the amount due has been
(8) the type or amount of bail or collateral, if any,
furnished to the issuing authority;
(9) the name and address of the attorney, if any, filing the
notice of appeal; and
(10) except when the appeal is from a guilty plea or a
conviction, the grounds relied upon for appeal.
Within 5 days after filing the notice of appeal, a copy shall
be served either personally or by mail by the clerk of courts
upon the issuing authority, the affiant, and the appellee or
appellee's attorney, if any.
issuing authority shall, within 20 days after receipt of the
notice of appeal, file with the clerk of courts:
(1) the transcript of the proceedings;
(2) the original complaint or citation, if any;
(3) the summons or warrant of arrest, if any; and
(4) the bail bond, if any.
This rule shall provide the exclusive means of appealing from
a summary guilty plea or conviction. Courts of common pleas
shall not issue writs of certiorari in such cases.
This rule shall not apply to appeals from contempt
COMMENT: This rule is derived from former Rule 86(A), (D),
(E), (F), (H), and (I).
This rule applies to appeals in all summary proceedings,
including appeals from prosecutions for violations of
municipal ordinances [which] that provide for the
possibility of imprisonment, and default hearings.
This rule was amended in 2000 to make it clear in a summary
criminal case that the defendant may file an appeal for a
trial de novo following the entry of a guilty plea.
Appeals from contempt adjudications are governed by Rule 141.
The narrow holding in City of Easton v. Marra, 326
A.2d 637 (Pa. Super. 1974), is not in conflict, since the
record before the court did not indicate that imprisonment
was possible under the ordinance there in question.
See Rule 461 for the procedures for executing a
sentence of imprisonment when there is a stay.
"Entry, " as used in this rule, means the date on
which the issuing authority enters or records the guilty
plea, the conviction, or other order in the [district
justice] magisterial district judge computer system.
When the only issues on appeal arise solely from an issuing
authority's determination after a default hearing
pursuant to Rule 456, the matter must be heard de
novo by the appropriate judge of the court of common
pleas and only those issues arising from the default hearing
are to be considered. It is not intended to reopen other
issues not properly preserved for appeal. A determination
after a default hearing would be a final order for purposes
of these rules.
Paragraph (D) was amended in 2003 to align this rule with
Rule 401(A), which permits the electronic transmission of
parking violation information in lieu of filing a citation.
Therefore, in electronically transmitted parking violation
cases only, because there is no original citation, the
issuing authority ...