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
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):
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Pennsylvania Rules of Appellate Procedure is rescinded in the
Order shall be processed in accordance with Pa.R.J.A. No.
103(b), and shall be effective May 1, 2020.
to the rule are shown in bold and are underlined. Deletions
from the rule are shown in bold and brackets.
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 or proceeding at law or in equity.
required by the context, the term includes submission on
[O]office.-The Administrative Office of
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.
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).
petitioner for review.
court.-The Supreme Court, the Superior Court, or the
a party named as respondent in a petition for review.
a petition or a motion.
security.-Security [which] that meets the
requirements of [Rule]Pa.R.A.P. 1734 (appropriate
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.
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.
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.
[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.
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
representation.-An attempt to act as counsel for oneself when
one has counsel of record.
a justice of the Supreme Court.
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.]
proceeding, or appeal. The term includes a petition for
judgment, decision, decree, sentence, and adjudication.
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.
for permission to appeal.-A petition under
[Rule]Pa.R.A.P. 1311 (interlocutory appeals by
for review.-A petition under [Rule]Pa.R.A.P.
1511 (manner of obtaining judicial review of governmental
judge.-When applied to the Supreme Court, the term means
the Chief Justice of Pennsylvania.
se.-A party representing himself or herself without
counsel. Proof of service.-Includes
acknowledgment of service endorsed upon a pleading.
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
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
reargument and rehearing.]
[R]record.-That portion of the record which has been
reproduced for use in an appellate court. The term includes
any supplemental reproduced record.
of court.-A rule promulgated by a court regulating
practice or procedure before the promulgating
[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).
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.
120. Entry of Appearance.
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.
Note: [See Subdivision (b) of Rule 907, Subdivision (f) of
Rule 1112, Subdivision (d) of Rule 1311 and Subdivision (d)
of Rule 1514.]
admission pro hac vice, see Pa.B.A.R. 301.