Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Order Adopting Rule 127 and Amending Rules

Supreme Court of Pennsylvania

January 5, 2018

IN RE: ORDER ADOPTING RULE 127 AND AMENDING RULES 123, 531, 552, 752, 910, 911, 1115, 1116, 1123, 1312, 1314, 1513, 1516, 1571, 1573, 1703, 1732, 1770, 1781, 1931, 1952, 2111, 2112, 2113, 2152, 2156, 2171, 2544, 2545, AND 2751 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE

          ORDER

          PER CURIAM

         AND NOW, this 5th day of January, 2018, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been published before adoption at 47 Pa.B. 4622 (August 12, 2017):

         It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Appellate Procedure 127 is adopted and Pennsylvania Rules of Appellate Procedure 123, 531, 552, 752, 910, 911, 1115, 1116, 1123, 1312, 1314, 1513, 1516, 1571, 1573, 1703, 1732, 1770, 1781, 1931, 1952, 2111, 2112, 2113, 2152, 2156, 2171, 2544, 2545, and 2751 are amended in the attached form.

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective January 6, 2018.

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

         Rule 123. Application for Relief.

         (a) Contents of applications for relief.-Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a written application for such order or relief with proof of service on all other parties. The application shall contain or be accompanied by any matter required by a specific provision of these rules governing such an application, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If an application is supported by briefs, verified statements, or other papers, they shall be served and filed with the application. An application may be made in the alternative and [pray for]seek such alternative relief or action by the court as may be appropriate. All grounds for relief demanded shall be stated in the application and failure to state a ground shall constitute a waiver thereof. Except as otherwise prescribed by these rules, a request for more than one type of relief may be combined in the same application.

         (b) Answer.-Any party may file an answer to an application within 14 days after service of the application, but applications under Chapter 17 (effect of appeals; supersedeas and stays), or for delay in remand of the record, may be acted upon after reasonable notice, unless the exigency of the case is such as to impel the court to dispense with such notice. The court may shorten or extend the time for answering any application. Answers shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized.

         (c) Speaking applications.-An application or answer which sets forth facts which do not already appear of record shall be verified by some person having knowledge of the facts, except that the court, upon presentation of such an application or answer without a verified statement, may defer action pending the filing of a verified statement or it may in its discretion act upon it in the absence of a verified statement if the interests of justice so require.

         (d) Oral argument.-Unless otherwise ordered by the court, oral argument will not be permitted on any application.

         (e) Power of single judge to entertain applications.-In addition to the authority expressly conferred by these rules or by law or rule of court, a single judge of an appellate court may entertain and may grant or deny any request for relief which under these rules may properly be sought by application, except that an appellate court may provide by order or rule of court that any application or class of applications must be acted upon by the court. The action of a single judge may be reviewed by the court except for actions of a single judge under [Rule]Pa.R.A.P. 3102(c)(2) (relating to quorum in Commonwealth Court in any election matter).

         (f) Certificate of compliance with Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.-An application or answer filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127.

         Official Note: The 1997 amendment precludes review by the Commonwealth Court of actions of a single judge in election matters.

         [This is an entirely new Rule.]

         Rule 127. Confidential Information and Confidential Documents. Certification.

         (a) Unless public access is otherwise constrained by applicable authority, any attorney or any unrepresented party who files a document pursuant to these rules shall comply with the requirements of Sections 7.0 and 8.0 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts ("Public Access Policy"). In accordance with the Policy, the filing shall include a certification of compliance with the Policy and, as necessary, a Confidential Information Form, unless otherwise specified by rule or order of court, or a Confidential Document Form.

         (b) Unless an appellate court orders otherwise, case records or documents that are sealed by a court, government unit, or other tribunal shall remain sealed on appeal.

         Official Note: Paragraph (a)-"Applicable authority" includes but is not limited to statute, procedural rule, or court order. The Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts ("Public Access Policy") can be found at http://www.pacourts.us/public-records. Sections 7.0(D) and 8.0(D) of the Public Access Policy provide that the certification shall be in substantially the following form:

I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

         Appropriate forms can be found at http://www.pacourts.us/public-records. Pursuant to Section 7.0(C) of the Policy, a court may adopt a rule or order that permits, in lieu of a Confidential Information Form, the filing of a document in two versions, that is, a "Redacted Version" and an "Unredacted Version." For certification of the Reproduced Record and Supplemental Reproduced Record in compliance with the Public Access Policy, see Pa.R.A.P. 2152, 2156, 2171, and accompanying notes.

         Paragraph (b)-Once a document is sealed, it shall remain sealed on appeal unless the appellate court orders, either sua sponte or on application, that the case record or document be opened.

         Rule 531. Participation by Amicus curiae.

         (a) General.-An amicus curiae is a non-party interested in the questions involved in any matter pending in an appellate court.

         (b) Briefs

(1) Amicus curiae Briefs Authorized.-An amicus curiae may file a brief (i) during merits briefing; (ii) in support of or against a petition for allowance of appeal, if the amicus curiae participated in the underlying proceeding as to which the petition for allowance of appeal seeks review; or (iii) by leave of court. An amicus curiae does not need to support the position of any party in its brief.
(2) Content.-An amicus curiae brief must contain a statement of the interest of amicus curiae. The statement of interest shall disclose the identity of any person or entity other than the amicus curiae, its members, or counsel who (i) paid in whole or in part for the preparation of the amicus curiae brief or (ii) authored in whole or in part the amicus curiae brief. It does not need to contain a Statement of the Case and does not need to address jurisdiction or the order or other determinations in question. An amicus curiae brief shall contain the certificate of compliance required by Pa.R.A.P. 127.
(3) Length.-An amicus curiae brief under subparagraph (b)(1)(i) is limited to 7, 000 words. An amicus curiae brief under subparagraph (b)(1)(ii) is limited to 4, 500 words. An amicus curiae brief under subparagraph (b)(1)(iii) is limited to the length specified by the court in approving the motion or, if no length is specified, to half the length that a party would be permitted under the rules of appellate procedure. Any amicus curiae brief must comply with the technical requirements for briefs, including certificates of compliance, set forth in Pa.R.A.P. 1115, 2135(b)-(d), 2171-2174, and 2187, or other pertinent rules.
(4) Time for filing briefs.-An amicus curiae brief must be filed on or before the date of the filing of the party whose position as to affirmance or reversal the amicus curiae will support. If the amicus curiae will not support the position of any party, the amicus curiae brief must be filed on or before the date of the appellant's filing. In an appeal proceeding under Pa.R.A.P. 2154(b), 2185(c), and 2187(b), the amicus curiae must file on or before the date of service of the advance text by the party whose position as to affirmance or reversal the amicus curiae supports or, if the amicus curiae does not support the position of any party, on or before the date of service of the advance text of the appellant.
(c) Oral argument.-Oral argument may be presented by amicus curiae only as the appellate court may direct. Requests for leave to present oral argument shall be by application and will be granted only for extraordinary reasons.

         Official Note: The Pennsylvania Supreme Court has held that "[a]n amicus curiae is not a party and cannot raise issues that have not been preserved by the parties." Commonwealth v. Cotto, 753 A.2d 217, 224 n.6 (Pa. 2000). In addition, the Court shares the view of the United States Supreme Court that "[a]n amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored." See U.S. Supreme Ct. R. 37.1.

         The rule allows interested persons to be amicus curiae as to one or more questions during the merits briefing on that question. An amicus curiae can file a brief of right in support of or against a petition for allowance of appeal only if the amicus curiae participated in the underlying proceedings giving rise to the order for which further review is sought. Any persons wishing to file amicus curiae briefs in any other circumstance must seek leave of court.

         The 2016 amendment to the rule set forth content and length requirements for amicus curiae briefs. The amendment also established a requirement that all amicus curiae briefs include a statement of interest disclosing whether any party to the appeal has paid in whole or in part for the preparation of the brief.

         The 2011 amendment to the rule clarified when those filing amicus curiae briefs should serve and file their briefs when the appellant has chosen or the parties have been directed to proceed under the rules related to large records (Pa.R.A.P. 2154(b)), advance text (Pa.R.A.P. 2187(b)) and definitive copies (Pa.R.A.P. 2185(c)). Under those rules, the appellant may defer preparation of the reproduced record until after the briefs have been served. The parties serve on one another (but do not file) advance texts of their briefs within the times required by Pa.R.A.P. 2185(c). At the time they file their advance texts, each party includes certified record designations for inclusion in the reproduced record. The appellant must then prepare and file the reproduced record within 21 days of service of the appellee's advance text (Pa.R.A.P. 2186(a)(2)). Within 14 days of the filing of the reproduced record, each party that served a brief in advance text may file and serve definitive copies of their briefs. The definitive copy must include references to the pages of the reproduced record, but it may not otherwise include changes from the advance text other than correction of typographical errors. Those filing amicus curiae briefs may choose to serve an advance text and then file and serve definitive copies according to the procedure required of the parties or they may choose to file a definitive brief without citations to the reproduced record.

         Rule 552. Application to [Lower]Trial Court for Leave to Appeal [In Forma Pauperis]In Forma Pauperis.

         (a) General rule.-A party who is not eligible to file a verified statement under [Rule]Pa.R.A.P. 551 (continuation of in forma pauperis status for purposes of appeal) may apply to the [lower]trial court for leave to proceed on appeal [in forma pauperis]in forma pauperis. The application may be filed before or after the taking of the appeal, but if filed before the taking of the appeal, the application shall not extend the time for the taking of the appeal.

         (b) Accompanying verified statement.-Except as prescribed in [Subdivision]paragraph (d) of this rule, the application shall be accompanied by a verified statement substantially conforming to the requirements of [Rule]Pa.R.A.P. 561 (form of IFP verified statement) showing in detail the inability of the party to pay the fees and costs provided for in Chapter 27 (fees and costs in appellate courts and on appeal).

         (c) No filing fee required.-The clerk of the [lower]trial court shall file an application under this rule without the payment of any filing fee.

         (d) Automatic approval in certain cases.-If the applicant is represented by counsel who certifies on the application or by separate document that the applicant is indigent and that such counsel is providing free legal service to the applicant, the clerk of the [lower]trial court shall forthwith enter an order granting the application. The clerk may accept and act on an application under this [subdivision]paragraph without an accompanying verified statement by the party.

         (e) Consideration and action by the court.-Except as prescribed in [Subdivision]paragraph (d) of this rule, the application and verified statement shall be submitted to the court, which shall enter its order thereon within 20 days from the date of the filing of the application. If the application is denied, in whole or in part, the court shall briefly state its reasons.

         (f) Certificate of compliance with Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.-An application filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127.

         Official Note: Extends the substance of former Supreme Court Rule 61(b) (part) and 61(c) (part) to the Superior and Commonwealth Courts and provides for action by the clerk in lieu of the court. It is anticipated that an application under this rule ordinarily would be acted upon prior to the docketing of the appeal in the appellate court and the transmission of the record.

         Relief from requirements for posting a supersedeas bond in civil matters must be sought under [Rule]Pa.R.A.P. 1732 (application for stay or injunction pending appeal) and relief from bail requirements in criminal matters must be sought as prescribed by [Rule]Pa.R.A.P. 1762 (release in criminal matters), but under [Rule]Pa.R.A.P. 123 (applications for relief) and applications under [Rule]Pa.R.A.P. 552 (or 553) and other rules may be combined into a single document.

         ***

         Rule 752. Transfers Between Superior and Commonwealth Courts.

         (a) General rule.-The Superior Court and the Commonwealth Court, on their own motion or on application of any party, may transfer any appeal to the other court for consideration and decision with any matter pending in such other court involving the same or related questions of fact, law, or discretion.

         (b) Content of application; answer.-The application shall contain a statement of the facts necessary to an understanding of the same or related questions of fact, law, or discretion; a statement of the questions themselves; and a statement of the reasons why joint consideration of the appeals would be desirable. The application shall be served on all other parties to all appeals or other matters involved, and shall include or have annexed thereto a copy of each order from which any appeals involved were taken and any findings of fact, conclusions of law, and opinions relating thereto. Any other party to any appeal or other matter involved may file an answer in opposition in accordance with [Rule]Pa.R.A.P. 123(b). An application or answer filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127. The application and answer shall be submitted without oral argument unless otherwise ordered.

         (c) Effect of filing application.-An application to transfer under this rule shall not stay proceedings in any appeal or other matter involved unless the appellate court in which the appeal or other matter is pending or a judge thereof shall so order.

         (d) Grant of application.-If the application to transfer is granted the prothonotary of the transferor court shall transfer the record of the appeal involved to the prothonotary of the transferee court, who shall immediately give written notice by first class mail of the transfer to all parties to all appeals or other matters involved. The notice shall set forth any necessary changes in the schedule in the transferee court for concurrent briefing and argument of the original and transferred appeals or other matters.

         Official Note: Based on 42 Pa.C.S. § 705 (transfers between intermediate appellate courts).

         Rule 910. Jurisdictional Statement. Content. Form.

         (a) General rule.[ ]-The jurisdictional statement required by [Rule]Pa.R.A.P. 909 shall contain the following in the order set forth:

(1) A reference to the official and unofficial reports of the opinions delivered in the courts below, if any, and if reported, the citation thereto. Any unreported opinions shall be appended to the jurisdictional statement;
(2) A statement of the basis, either by Act of Assembly or general rule, for the jurisdiction of the Supreme Court or the cases believed to sustain that jurisdiction;
(3) The text of the order in question, or the portions thereof sought to be reviewed, and the date of its entry in the court. The order may be appended to the statement;
(4) A concise statement of the procedural history of the case; and
(5) The questions presented for review, expressed in the terms and the circumstances of the case but without unnecessary detail. The statement of questions presented will be deemed to include every subsidiary question fairly comprised therein. Only the questions set forth in the statement, or fairly comprised therein will ordinarily be considered by the Court.

         (b) Matters of form.[ ]-The jurisdictional statement need not be set forth in numbered paragraphs in the manner of a pleading. It shall be as short as possible and shall not exceed 1000 words, excluding the appendix.

         (c) Certificate of compliance.

(1) Word count.-A jurisdictional statement that does not exceed five pages when produced on a word processor or typewriter shall be deemed to meet the requirements of [subdivision]paragraph (b) of this rule. In all other cases, the attorney or the unrepresented filing party shall include a certification that the statement complies with the word count limits. The certificate may be based on the word count of the word processing system used to prepare the statement.
(2) Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.-A jurisdictional statement shall contain the certificate of compliance required by Pa.R.A.P. 127.


         (d) Nonconforming statements.[ ]-The Prothonotary of the Supreme Court shall not accept for filing any statement that does not comply with this rule. [He]The Prothonotary shall return [it]the statement to the appellant, and inform all parties in which respect the statement does not comply with the rule. The prompt filing and service of a new and correct statement within seven days after return by the Prothonotary shall constitute a timely filing of the jurisdictional statement.

         Rule 911. Answer to Jurisdictional Statement. Content. Form.

         (a) General rule.[ ]-An answer to a jurisdictional statement shall set forth any procedural, substantive, or other argument or ground why the order appealed from is not reviewable as of right and why the Supreme Court should not grant an appeal by allowance. The answer need not be set forth in numbered paragraphs in the manner of a pleading and shall not exceed 1000 words.

         (b) Certificate of compliance.

(1) Word count.-An answer to a jurisdictional statement that does not exceed five pages when produced on a word processor or typewriter shall be deemed to meet the requirements of [subdivision]paragraph (a) of this rule. In all other cases, the attorney or the unrepresented filing party shall include a certification that the answer complies with the word count limits. The certificate may be based on the word count of the word processing system used to prepare the answer.
(2) Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.-An answer to a jurisdictional statement shall contain the certificate of compliance required by Pa.R.A.P. 127.


         Official Note: The Supreme Court has, in a number of cases, determined that a party has no right of appeal, but has treated the notice of appeal as a petition for allowance of appeal and granted review. See Gossman v. Lower Chanceford Tp. Bd. of Supervisors, [503 Pa. 392');">503 Pa. 392, ]469 A.2d 996 (Pa. 1983); Xpress Truck Lines, Inc. v. Pennsylvania Liquor Control Board, [503 Pa. 399');">503 Pa. 399, ]469 A.2d 1000 (Pa. 1983); O'Brien v. State Employment Retirement Board, [503 Pa. 414');">503 Pa. 414, ]469 A.2d 1008 (Pa. 1983). See also Pa.R.A.P. 1102. Accordingly, a party opposing a jurisdictional statement shall set forth why the order appealed from is not reviewable on direct appeal and why the Court should not grant an appeal by allowance.

         Rule 1115. Content of the Petition for Allowance of Appeal.

         (a) General rule.-The petition for allowance of appeal need not be set forth in numbered paragraphs in the manner of a pleading, and shall contain the following (which shall, insofar as practicable, be set forth in the order stated):

(1)[.] A reference to the official and unofficial reports of the opinions delivered in the courts below, if any, and if reported. Any such opinions shall be appended as provided in item 6 of paragraph (a) of this rule.
(2)[.] The text of the order in question, or the portions thereof sought to be reviewed, and the date of its entry in the appellate court below. If the order is voluminous, it may, if more convenient, be appended to the petition.
(3)[.] The questions presented for review, expressed in the terms and circumstances of the case but without unnecessary detail. The statement of questions presented will be deemed to include every subsidiary question fairly comprised therein. Only the questions set forth in the petition, or fairly comprised therein, will ordinarily be considered by the court in the event an appeal is allowed.
(4)[.] A concise statement of the case containing the facts material to a consideration of the questions presented.
(5)[.] A concise statement of the reasons relied upon for allowance of an appeal. See Pa.R.A.P. 1114.
(6)[.] There shall be appended to the petition a copy of any opinions delivered relating to the order sought to be reviewed, as well as all opinions of government units, trial courts, or [lower]intermediate appellate courts in the case, and, if reference thereto is necessary to ascertain the grounds of the order, opinions in companion cases. If an application for reargument was filed in the Superior Court or Commonwealth Court, there also shall be appended to the petition a copy of any order granting or denying the application for reargument. If whatever is required by this paragraph to be appended to the petition is voluminous, it may, if more convenient, be separately presented.
(7)[.] There shall be appended to the petition the verbatim texts of the pertinent provisions of constitutional provisions, statutes, ordinances, regulations, or other similar enactments which the case involves, and the citation to the volume and page where they are published, including the official edition, if any.
(8) The certificate of compliance required by Pa.R.A.P. 127.


         (b) Caption and parties.-All parties to the proceeding in the intermediate appellate court [below ]shall be deemed parties in the Supreme Court, unless the petitioner shall notify the Prothonotary of the Supreme Court of the belief of the petitioner that one or more of the parties below have no interest in the outcome of the petition. A copy of such notice shall be served on all parties to the matter in the [lower]intermediate appellate court, and a party noted as no longer interested may remain a party in the Supreme Court by filing a notice that he has an interest in the petition with the Prothonotary of the Supreme Court. All parties in the Supreme Court other than petitioner shall be named as respondents, but respondents who support the position of the petitioner shall meet the time schedule for filing papers which is provided in this chapter for the petitioner, except that any response by such respondents to the petition shall be filed as promptly as possible after receipt of the petition.

         (c) No supporting brief.-All contentions in support of a petition for allowance of appeal shall be set forth in the body of the petition as provided by item 5 of paragraph (a) of this rule. Neither the briefs below nor any separate brief in support of a petition for allowance of appeal will be received, and the Prothonotary of the Supreme Court will refuse to file any petition for allowance of appeal to which is annexed or appended any brief below or supporting brief.

         (d) Essential requisites of petition.-The failure of a petitioner to present with accuracy, brevity, and clearness whatever is essential to a ready and adequate understanding of the points requiring consideration will be a sufficient reason for denying the petition.

         (e) Multiple petitioners.-Where permitted by Pa.R.A.P. 512 a single petition for allowance of appeal may be filed.

         (f) Length.-A petition for allowance of appeal shall not exceed 9, 000 words. A petition for allowance of appeal that does not exceed 20 pages when produced by a word processor or typewriter shall be deemed to meet the 9, 000 word limit. In all other cases, the attorney or the unrepresented filing party shall include a certification that the petition complies with the word count limit. The certificate may be based on the word count of the word processing system used to prepare the petition.

         (g) Supplementary matter.-The cover of the petition for allowance of appeal, pages containing the table of contents, table of citations, proof of service, signature block, and anything appended to the petition under subparagraphs (a)(6) and (a)(7) shall not count against the word count limitations of this rule.

         Official Note: Former Supreme Court Rule 62 permitted the petitioner in effect to dump an undigested mass of material (such as briefs in and opinions of the court below) in the lap of the Supreme Court, with the burden on the individual justices and their law clerks to winnow the wheat from the chaff. This rule, which is patterned after U.S. Supreme Court Rule 14, places the burden on the petitioner to prepare a succinct and coherent presentation of the case and the reasons in support of allowance of appeal.

         Where an appellant desires to challenge the discretionary aspects of a sentence of a trial court the "petition for allowance of appeal" referred to in 42 Pa.C.S. § 9781(b) is deferred until the briefing stage, and the appeal is commenced by filing a notice of appeal pursuant to Chapter 9 rather than a petition for allowance of appeal pursuant to Chapter 11. Commonwealth v. Tuladziecki, 522 A.2d 17, 18 (Pa. 1987). See note to Pa.R.A.P. 902; Pa.R.A.P. 2116(b) and the note thereto; Pa.R.A.P. 2119(f) and the note thereto.

         ***

         Rule 1116. Answer to the Petition for Allowance of Appeal.

         (a) General rule.-Except as otherwise prescribed by this rule, within 14 days after service of a petition for allowance of appeal an adverse party may file an answer. The answer shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized. The answer need not be set forth in numbered paragraphs in the manner of a pleading, shall set forth any procedural, substantive or other argument or ground why the order involved should not be reviewed by the Supreme Court, and shall comply with Pa.R.A.P. 1115(a).7. No separate motion to dismiss a petition for allowance of appeal will be received. A party entitled to file an answer under this rule who does not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter stating that an answer to the petition for allowance of appeal will not be filed. The failure to file an answer will not be construed as concurrence in the request for allowance of appeal.

         (b) Children's fast track appeals.-In a children's fast track appeal, within 10 days after service of a petition for allowance of appeal, an adverse party may file an answer.

         (c) Length.-An answer to a petition for allowance of appeal shall not exceed 9, 000 words. An answer that does not exceed 20 pages when produced by a word processor or typewriter shall be deemed to meet the 9, 000 word limit. In all other cases, the attorney or the unrepresented filing party shall include a certification that the answer complies with the word count limit. The certificate may be based on the word count of the word processing system used to prepare the answer.

         (d) Supplementary matter.-The cover of the answer, pages containing the table of contents, table of citations, proof of service, signature block, and anything appended to the answer shall not count against the word count limitations of this rule.

         (e) Certificate of compliance with Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.-An answer to a petition for allowance of appeal shall contain the certificate of compliance required by Pa.R.A.P. 127.

         Official Note: This rule and Pa.R.A.P. 1115 contemplate that the petition and answer will address themselves to the heart of the issue, such as whether the Supreme Court ought to exercise its discretion to allow an appeal, without the need to comply with the formalistic pattern of numbered averments in the petition and correspondingly numbered admissions and denials in the response. While such a formalistic format is appropriate when factual issues are being framed in a trial court (as in the petition for review under Chapter 15) such a format interferes with the clear narrative exposition necessary to outline succinctly the case for the Supreme Court in the allocatur context.

         Rule 1123. Denial of Appeal; Reconsideration.

         (a) Denial. If the petition for allowance of appeal is denied the Prothonotary of the Supreme Court shall immediately give written notice in person or by first class mail of the entry of the order denying the appeal to each party who has appeared in the Supreme Court. After the expiration of the time allowed by [Subdivision]paragraph (b) of this rule for the filing of an application for reconsideration of denial of a petition for allowance of appeal, if no application for reconsideration is filed, the Prothonotary of the Supreme Court shall notify the prothonotary of the appellate court below of the denial of the petition.

         (b) Reconsideration. Applications for reconsideration of denial of allowance of appeal are not favored and will be considered only in the most extraordinary circumstances. An application for reconsideration of denial of a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within fourteen days after entry of the order denying the petition for allowance of appeal. In a children's fast track appeal, the application for reconsideration of denial of a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within 7 days after entry of the order denying the petition for allowance of appeal. Any application filed under this [subdivision]paragraph must comport with the following:

(1) Briefly and distinctly state grounds which are confined to intervening circumstances of substantial or controlling effect.
(2) Be supported by a certificate of counsel to the effect that it is presented in good faith and not for delay. Counsel must also certify that the application is restricted to the grounds specified [in Paragraph (1) of this subdivision]under subparagraph (b)(1).
(3) Contain the certificate of compliance required by Pa.R.A.P. 127.


         No answer to an application for reconsideration will be received unless requested by the Supreme Court. Second or subsequent applications for reconsideration, and applications for reconsideration which are out of time under this rule, will not be received.

         (c) Manner of filing. If the application for reconsideration is transmitted to the prothonotary of the appellate court by means of first class, express, or priority United States Postal Service mail, the application shall be deemed received by the prothonotary for the purposes of [Rule]Pa.R.A.P. 121(a) (filing) on the date deposited in the United States mail as shown on 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. The certificate of mailing or other similar Postal Service form from which the date of deposit can be verified shall be cancelled by the Postal Service, shall show the docket number of the matter in the court in which reconsideration is sought, and shall be enclosed with the application or separately mailed to the prothonotary. Upon actual receipt of the application, the prothonotary shall immediately stamp it ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.