IN RE: ORDER AMENDING RULES 905, 1922, 1925, AND 1931 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE
PROCEDURAL RULES DOCKET
NOW, this 24th day of June, 2019, upon
the recommendation of the Appellate Court Procedural Rules
Committee; the proposal having been published for public
comment at 46 Pa.B. 5886 (September 17, 2016):
Ordered pursuant to Article V, Section 10 of the Constitution
of Pennsylvania that Rules 905, 1922, 1925, and 1931 of the
Pennsylvania Rules of Appellate Procedure are amended in the
Order shall be processed in accordance with Pa.R.J.A. No.
103(b), and shall be effective October 1, 2019.
to the rule are shown in bold and are underlined. Deletions
from the rule are shown in bold and brackets.
905. Filing of Notice of Appeal.
Filing with clerk.
copies of the notice of appeal, the order for transcript, if
any, and the proof of service required by [Rule]
Pa.R.A.P. 906 [(service of notice of appeal)], shall
be filed with the clerk of the trial court. If the appeal is
to the Supreme Court, the jurisdictional statement required
by [Rule] Pa.R.A.P. 909 shall also be filed with the
clerk of the trial court.
the appeal is a children's fast track appeal, [the]
a concise statement of errors complained of on
appeal as described in [Rule] Pa.R.A.P. 1925(a)(2)
shall be filed with the notice of appeal and served on
the trial judge in accordance with [Rule 1925(b)(1)]
Upon receipt of the notice of appeal, the clerk shall
immediately stamp it with the date of receipt, and that date
shall constitute the date when the appeal was taken, which
date shall be shown on the docket.
a notice of appeal is mistakenly filed in an appellate court,
or is otherwise filed in an incorrect office within the
unified judicial system, the clerk shall immediately stamp it
with the date of receipt and transmit it to the clerk of the
court which entered the order appealed from, and upon payment
of an additional filing fee the notice of appeal shall be
deemed filed in the trial court on the date originally filed.
notice of appeal filed after the announcement of a
determination but before the entry of an appealable order
shall be treated as filed after such entry and on the day
Transmission to appellate court.-The clerk shall
immediately transmit to the prothonotary of the appellate
court named in the notice of appeal a copy of the notice of
appeal [showing the date of receipt, the related proof of
service] and all attachments, as well as a receipt
showing collection of any docketing fee in the appellate
court required under [Subdivision] paragraph (c). If
the appeal is a children's fast track appeal, the clerk
shall stamp the notice of appeal with a
''Children's Fast Track'' designation in
red ink, advising the appellate court that the appeal is a
children's fast track appeal, and the clerk
shall also transmit to the prothonotary of the
appellate court named in the notice of appeal the concise
statement of errors complained of on appeal required by
[Subdivision] subparagraph (a)(2) of this rule. The
clerk shall also transmit with such papers:
copy of any order for transcript] copies of all orders
for transcripts relating to orders on appeal;
copy of any verified statement, application, or other
document filed under [Rule 551 through Rule 561]
Pa.R.A.P. 551-561 relating to [in forma pauperis]
in forma pauperis; and
the appeal is to the Supreme Court, the jurisdictional
statement required by [Rule] Pa.R.A.P. 909.
Fees ═The appellant upon filing the notice of
appeal shall pay any fees therefor (including docketing fees
in the appellate court) prescribed by Chapter 27 [(fees and
costs in appellate courts and on appeal)].
as the clerk or prothonotary of the lower court is concerned,
the notice of appeal is for all intents and purposes a writ
in the nature of certiorari in the usual form issued out of
the appellate court named therein and returnable thereto
within the time prescribed by Chapter 19 (preparation and
transmission of record and related matters)].
preserve a mailing date as the filing date for an appeal as
of right from an order of the Commonwealth Court, [see Rule]
see Pa.R.A.P. 1101(b).
number of copies, [see note to Rule 124 (form of papers;
number of copies)] see Pa.R.A.P. 124, note. The
appellate court portion of the filing fee will be transmitted
pursuant to regulations adopted under 42 Pa.C.S. § 3502
adoption of such rules the subject is regulated by Paragraph
4 of the Order amending this rule, which provides as follows:
Pending adoption of initial regulations under 42 Pa.C.S.
§ 3502 (financial regulations), the docketing fee
(currently $12 in the Supreme Court and the Superior Court
and $25 in the Commonwealth Court) paid through the clerk or
prothonotary of the lower court pursuant to Rule 905(c)
(fees) of the Pennsylvania Rules of Appellate Procedure shall
be transmitted as follows:
(a) If the docketing fee is tendered by check payable to the
appellate prothonotary, the clerk or prothonotary of the
lower court shall transmit the check pursuant to Rule 905(b).
(b) If the docketing fee is tendered by check payable to the
clerk or prothonotary of the lower court he or she shall
endorse it without recourse to the appropriate appellate
prothonotary and transmit the check pursuant to Rule 905(b).
(c) If the docketing fee is tendered in cash the clerk or
prothonotary of the lower court shall draw a check in like
amount on the account of such clerk or prothonotary to the
order of the appropriate appellate prothonotary and transmit
the check pursuant to Rule 905(b).
(d) In matters arising under 42 Pa.C.S. § 723 (appeals
from the Commonwealth Court), the appellant shall tender the
docketing fee in the Supreme Court to the Prothonotary of the
Commonwealth Court by check payable to the order of the
Prothonotary of the Supreme Court, which shall be transmitted
pursuant to Rule 905(b).'']
better practice will be to pay the fee for filing the notice
of appeal in the lower court and the docketing fee in the
appellate court by separate checks payable to the respective
clerks or prothonotaries]
1982 amendment to Subdivision (a) corrects deficiencies in
previous practice which were illustrated in State Farm Mutual
Auto. Ins. Co. v. ...