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In re Order Amending Rules 102

Supreme Court of Pennsylvania

January 7, 2020

IN RE: ORDER AMENDING RULES 102, 120, 121, 907, 1112, 1113, 1311, 1701, 2315, 2321, 2323, AND RESCINDING RULE 3304 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE

         APPELLATE PROCEDURAL RULES

          ORDER

          PER CURIAM

         AND NOW, this 7th day of January, 2020, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been published for public comment at 44 Pa.B. 471 (January 25, 2014):

         It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 102, 120, 121, 907, 1112, 1113, 1311, 1701, 2315, 2321, 2323 of the Pennsylvania Rules of Appellate Procedure are amended and Rule 3304 of the Pennsylvania Rules of Appellate Procedure is rescinded in the attached form.

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective May 1, 2020.

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

         Rule 102. Definitions.

         Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule:

         Action.-Any action or proceeding at law or in equity.

         Argument.-Where required by the context, the term includes submission on briefs.

         Administrative [O]office.-The Administrative Office of Pennsylvania Courts.

         Appeal.-Any petition or other application to a court for review of subordinate governmental determinations. The term includes an application for certiorari under 42 Pa.C.S. § 934 (writs of [certiorari] certiorari) or under any other provision of law. Where required by the context, the term includes proceedings on petition for review.

         Note: Under these rules a "subordinate governmental determination" includes an order of a [lower]trial court. The definition of "government unit" includes courts, and the definition of "determination" includes action or inaction by (and specifically an order entered by) a court or other government unit. In general, any appeal now extends to the whole record, with like effect as upon an appeal from a judgment entered upon the verdict of a jury in an action at law and the scope of review of an order on appeal is not limited as on broad or narrow [certiorari]certiorari. [See] See 42 Pa.C.S. § 5105(d) (scope of appeal).

         Appellant.-Includes petitioner for review.

         Appellate court.-The Supreme Court, the Superior Court, or the Commonwealth Court.

         Appellee.-Includes a party named as respondent in a petition for review.

         Application.-Includes a petition or a motion.

         Appropriate security.-Security [which] that meets the requirements of [Rule]Pa.R.A.P. 1734 (appropriate security).

         Children's fast track appeal.-Any appeal from an order involving dependency, termination of parental rights, adoptions, custody, or paternity. [See]See 42 Pa.C.S. §§ 6301 [et seq.]et seq.; 23 Pa.C.S. §§ 2511 [et seq.]et seq.; 23 Pa.C.S. §§ 2101 [et seq.]et seq.; 23 Pa.C.S. §§ 5301 [et seq.]et seq.; 23 Pa.C.S. §§ 5102 [et seq.]et seq.

         Clerk.-Includes prothonotary.

         [Counsel.-Counsel of record.]

         Counsel of record.-All attorneys who were counsel of record in the trial court at the time of the filing of the notice of appeal will be counsel of record in the appellate courts. For a criminal defendant, the representation extends up to and including the filing of a petition for allowance of appeal and the handling of such an appeal if granted, unless (1) substitute counsel has entered an appearance and is expressly identified in the praecipe as substitute, rather than additional, counsel; (2) the Court of Common Pleas has entered on the docket an order permitting the attorney to withdraw; or (3) an application for withdrawal is granted by the appellate court.

         Determination.-Action or inaction by a government unit, which action or inaction is subject to judicial review by a court under Section 9 of Article V of the Constitution of Pennsylvania or otherwise. The term includes an order entered by a government unit.

         Docket [E]entries.-Includes the schedule of proceedings of a government unit. General rule.-A rule or order promulgated by or pursuant to the authority of the Supreme Court.

         Government unit.-The Governor and the departments, boards, commissions, officers, authorities, and other agencies of the Commonwealth, including the General Assembly and its officers and agencies and any court or other officer or agency of the unified judicial system, and any political subdivision or municipal or other local authority or any officer or agency of any such political subdivision or local authority. The term includes a board of arbitrators whose determination is subject to review under 42 Pa.C.S. § 763(b) (awards of arbitrators).

         Hybrid representation.-An attempt to act as counsel for oneself when one has counsel of record.

         Judge.-Includes a justice of the Supreme Court.

         [Lower court.-The court from which an appeal is taken or to be taken. With respect to matters arising under Chapter 17 (effect of appeals; supersedeas and stays), the term means the trial court from which the appeal was first taken.]

         Matter.-Action, proceeding, or appeal. The term includes a petition for review.

         Order.-Includes judgment, decision, decree, sentence, and adjudication.

         Petition for allowance of appeal.-(a) A petition under [Rule]Pa.R.A.P. 1112 (appeals to the Supreme Court by allowance); or (b) a statement pursuant to [Rule]Pa.R.A.P. 2119(f) (discretionary aspects of sentence). See 42 Pa.C.S. § 9781.

         Petition for permission to appeal.-A petition under [Rule]Pa.R.A.P. 1311 (interlocutory appeals by permission).

         Petition for review.-A petition under [Rule]Pa.R.A.P. 1511 (manner of obtaining judicial review of governmental determinations).

         President judge.-When applied to the Supreme Court, the term means the Chief Justice of Pennsylvania.

         Pro se.-A party representing himself or herself without counsel. Proof of service.-Includes acknowledgment of service endorsed upon a pleading.

         Quasijudicial order.-An order of a government unit, made after notice and opportunity for hearing, which is by law reviewable solely upon the record made before the government unit, and not upon a record made in whole or in part before the reviewing court.

         Reargument.-Includes reconsideration and rehearing, and is requested through an application filed in accordance with Pa.R.A.P. 2541-2547 [, in the case of applications for reargument under Chapter 25 (post-submission proceedings), reconsideration and rehearing].

         [Reconsideration.-Includes reargument and rehearing.]

         Reproduced [R]record.-That portion of the record which has been reproduced for use in an appellate court. The term includes any supplemental reproduced record.

         Rule of court.-A rule promulgated by a court regulating practice or procedure before the promulgating court(s).

         Verified [S]statement.-A document filed with a clerk under these rules containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. § 4904 (unsworn falsification to authorities).

         Official Note: Based on 42 Pa.C.S. § 102 (definitions). The definition of "determination" is not intended to affect the scope of review provided by 42 Pa.C.S. § 5105(d) (scope of appeal) or other provision of law.

         Rule 120. Entry of Appearance.

         [(a) Filing.-] Any counsel filing papers required or permitted to be filed in an appellate court must enter an appearance with the prothonotary of the appellate court unless that counsel has been previously noted on the docket as counsel pursuant to [Rules]Pa.R.A.P. 907(b), 1112(f), 1311(d) or 1514(d). New counsel appearing for a party after docketing pursuant to [Rules]Pa.R.A.P. 907(b), 1112(f), 1311(d), or 1514(d) shall file an entry of appearance simultaneously with or prior to the filing of any papers signed by new counsel. The entry of appearance shall specifically designate each party the attorney represents, and whether the attorney is entering an appearance as substitute or additional counsel. [and the] The attorney shall file a certificate of service pursuant to [Subdivision] paragraph (d) of [Rule]Pa.R.A.P. 121 and to [Rule]Pa.R.A.P. 122. [Where new counsel enters an appearance on behalf of a party currently represented by counsel and there is no simultaneous withdrawal of appearance, new counsel shall serve the party that new counsel represents and all other counsel of record and file a certificate of service] If an attorney enters an appearance as substitute counsel for a party, the original counsel of record for that party may withdraw by praecipe, without filing an application for permission to withdraw.

         Official Note: [See Subdivision (b) of Rule 907, Subdivision (f) of Rule 1112, Subdivision (d) of Rule 1311 and Subdivision (d) of Rule 1514.]

         For admission pro hac vice, see Pa.B.A.R. 301.

         Rule 121. ...


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