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In re Order Amending Rules 102

Supreme Court of Pennsylvania

January 7, 2020

IN RE: ORDER AMENDING RULES 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501, 1502, 1503, 1504, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1531, 1532, 1541, 1542, 1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 AND ADOPTING RULES 1601, 1602, 1603, 1604, 1605, 1606, 1610, 1611, 1612, 1613 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 46 Pa.B. 2518 (May 21, 2016):

         It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501, 1502, 1503, 1504, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1531, 1532, 1541, 1542, 1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 of the Pennsylvania Rules of Appellate Procedure are amended and Rules 1601, 1602, 1603, 1604, 1605, 1606, 1610, 1611, 1612, and 1613 of the Pennsylvania Rules of Appellate Procedure are adopted in the attached form.

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective August 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 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] certiorari under 42 Pa.C.S. § 934 (writs of certiorari) or under any other provision of law. Where required by the context, the term includes proceedings on petition for review and petition for specialized review.

         Note: Under these rules a ''subordinate governmental determination'' includes an order of a 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. See 42 Pa.C.S. § 5105(d) (scope of appeal).

         Appellant.-Includes petitioner for review or specialized review.

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

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

         Application.-Includes a petition or a motion.

         Appropriate security.-Security that meets the requirements of 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 42 Pa.C.S. §§ 6301 et seq.; 23 Pa.C.S. §§ 2511 et seq.; 23 Pa.C.S. §§ 2101 et seq.; 23 Pa.C.S. §§ 53[0]21 et seq.; 23 Pa.C.S. §§ 5102 et seq.

         Clerk.-Includes prothonotary.

         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 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.

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

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

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

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

         Petition for review.-A petition under [Pa.R.A.P. 1511 (manner of obtaining judicial review of governmental determinations)] Chapter 15.

         Petition for specialized review.-A petition under Chapter 16.

         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.

         Reproduced 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).

         Trial court.-The court from which an appeal is first taken or to be taken.

         Verified 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 105. Waiver and Modification of Rules.

         (a) Liberal construction and modification of rules.-These rules shall be liberally construed to secure the just, speedy, and inexpensive determination of every matter to which they are applicable. In the interest of expediting decision, or for other good cause shown, an appellate court may, except as otherwise provided in [Subdivision] paragraph (b) of this rule, disregard the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction.

         (b) Enlargement of time.-An appellate court for good cause shown may upon application enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time, but the court may not enlarge the time for filing a notice of appeal, a petition for allowance of appeal, a petition for permission to appeal, [or] a petition for review, or a petition for specialized review.

         Official Note: 42 Pa.C.S. § 5504 [(judicial extension of time)] provides that the time limited by, [inter alia] inter alia, Chapter 55D [(appeals)] of the Judicial Code shall not be extended by order, rule, or otherwise, except that the time limited may be extended to relieve fraud or its equivalent, but [that] there [shall] will be no extension of time as a matter of indulgence or with respect to any criminal proceeding. However, under 42 Pa.C.S. § 5571(a), [(appeals generally)] statutory time limits under Chapter 55D do not apply to appeals to or other judicial review by the Supreme, Superior, or Commonwealth Courts.

         [Subdivision] Paragraph (b) of this rule is not intended to affect the power of a court to grant relief in the case of fraud or breakdown in the processes of a court.

         Rule 120. Entry of Appearance.

         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 Pa.R.A.P. 907(b), 1112(f), 1311(d), [or] 1514(d), or 1602(d). New counsel appearing for a party after docketing pursuant to Pa.R.A.P. 907(b), 1112(f), 1311(d), [or] 1514(d), or 1602(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. The attorney shall file a certificate of service pursuant to paragraph (d) of Pa.R.A.P. 121 and to Pa.R.A.P. 122. 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: For admission pro hac vice, [see] see Pa.B.A.R. 301.

         Rule 121. Filing and Service.

         (a) Filing.-Papers required or permitted to be filed in an appellate court shall be filed with the prothonotary. Filing may be accomplished by mail addressed to the prothonotary, but except as otherwise provided by these rules, filing shall not be timely unless the papers are received by the prothonotary within the time fixed for filing. If an application under these rules requests relief which may be granted by a single judge, a judge in extraordinary circumstances may permit the application and any related papers to be filed with that judge. In that event the judge shall note thereon the date of filing and shall thereafter transmit such papers to the clerk.

         (b) Service of all papers required.-Copies of all papers filed by any party and not required by these rules to be served by the prothonotary shall, concurrently with their filing, be served by a party or person acting on behalf of that party or person on all other parties to the matter. Service on a party represented by counsel shall be made on counsel.

         (c) Manner of service.-Service may be:

(1) by personal service, which includes delivery of the copy to a clerk or other responsible person at the office of the person served, but does not include inter-office mail;
(2) by first class, express, or priority United States Postal Service mail, which service is complete upon mailing;
(3) by commercial carrier with delivery intended to be at least as expeditious as first class mail if the carrier can verify the date of delivery to it; or
(4) by facsimile or e-mail with the agreement of the party being served as stated in the certificate of service.

         (d) Proof of service.-Papers presented for filing shall contain an acknowledgement of service by the person served or proof of service certified by the person who made service. Acknowledgement or proof of service may appear on or be affixed to the papers filed. The clerk may permit papers to be filed without acknowledgement or proof of service but shall require such to be filed promptly thereafter.

         (e) Additional time after service by mail and commercial carrier.-Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon that party (other than an order of a court or other government unit) and the paper is served by United States mail or by commercial carrier, three days shall be added to the prescribed period.

         (f) Date of filing for incarcerated persons.-A pro se filing submitted by a person incarcerated in a correctional facility is deemed filed as of the date of the prison postmark or the date the filing was delivered to the prison authorities for purposes of mailing as documented by a properly executed prisoner cash slip or other reasonably verifiable evidence.

         (g) Hybrid representation.-Where there is counsel of record, a party may file only the following documents pro se: (i) a notice of appeal; (ii) a request to change or remove counsel; (iii) a response to a motion to withdraw that has been filed by counsel of record; (iv) a complaint that existing counsel has abandoned the party; or (v) an application to file a petition for allowance of appeal nunc pro tunc. Any other document that a party attempts to file pro se will be noted on the docket but not accepted for filing. This rule is not intended to provide an independent basis for jurisdiction where it does not otherwise exist.

         Official Note: Paragraph (a)-The term "related papers" in paragraph (a) of this rule includes any appeal papers required [under] by Pa.R.A.P. 1702 (stay ancillary to appeal) as a prerequisite to an application for a stay or similar relief.

         Paragraph (c)-An acknowledgement of service may be executed by an individual other than the person served, e.g., by a clerk or other responsible person.

         Paragraph (d)-With respect to appearances by new counsel following the initial docketing of appearances pursuant to paragraph (d) of this rule, please note the requirements of Pa.R.A.P. 120 (entry of appearance).

         Paragraph (e)-Paragraph (e) of the rule does not apply to the filing of a notice of appeal, a petition for allowance of appeal, a petition for permission to appeal, or a petition for reconsideration or reargument, since under these rules the time for filing such papers runs from the entry and service of the related order, nor to the filing of a petition for review or a petition for specialized review, which [is] are governed by similar considerations. The amendments to Pa.R.A.P. 903(b), 1113(b), and 1512(a)(2) clarified that paragraph (e) does apply to calculating the deadline for filing cross-appeals, cross-petitions for allowance of appeal, and additional petitions for review or specialized review.

         Paragraph (f)-This recognizes the holding in Smith v. Board of Probation and Parole, 683 A.2d 278, 281 (Pa. 1996) (adopting the prisoner mailbox rule to determine date of filing of a petition for review). Smith adopted the reasoning of the United States Supreme Court in Houston v. Lack, 487 U.S. 266, 270-71 (1988). See also Commonwealth v. Jones, 700 A.2d 423, 426 (Pa. 1997) (extending prisoner mailbox rule to filing of a notice of appeal).

         Paragraph (g)-The rule on hybrid representation is premised on Commonwealth v. Ellis, 626 A.2d 1137, 1139-40 (Pa. 1993). See 210 Pa. Code § 65.24. If a pro se notice of appeal is filed, it will satisfy the timeliness requirement for the filing of a notice of appeal. Counsel of record will, however, be obligated to prosecute that appeal. There are four other instances in which pro se documents will be accepted by an appellate court for filing: a request by the party to change or remove counsel; a response to counsel's request to withdraw; a complaint that existing counsel has abandoned the party; and a pro se petition for nunc pro tunc permission to file a petition for allowance of appeal under Pa.R.A.P. 1113(d). All other documents will be noted on the docket as received by the appellate court prothonotary's office but will not be accepted for filing; instead, the pro se document will be forwarded to counsel of record with, if the court desires, direction for counsel to respond.

         Rule 301. Requisites for an Appealable Order.

         (a) Entry upon docket below.

(1) Except as provided in subparagraph (2) of this [subdivision] paragraph, no order of a court shall be appealable until it has been entered upon the appropriate docket in the [lower] trial court. Where under the applicable practice below an order is entered in two or more dockets, the order has been entered for the purposes of appeal when it has been entered in the first appropriate docket.
(2) In a criminal case in which no post-sentence motion has been filed, a judgment of sentence is appealable upon the imposition of sentence in open court.

         (b) Separate document required.-Every order shall be set forth on a separate document.

         (c) Nonappealable orders.-Except as provided in [subdivision] subparagraph (a)(2), a direction by the [lower court]trial court or other government unit that a specified judgment, sentence or other order shall be entered, unaccompanied by actual entry of the specified order in the docket, does not constitute an appealable order. Any such order shall be docketed before an appeal is taken.

         (d) Entry of appealable orders.-Subject to any inconsistent general rule applicable to particular classes of matters, the clerk of the [lower] trial court shall, on [praecipe] praecipe of any party (except a party who by law may not [praecipe] praecipe for entry of an adverse order), forthwith prepare, sign, and enter an appropriate order, judgment, or final decree in the docket, evidencing any action from which an appeal lies either as of right or upon permission to appeal or allowance of appeal or by petition for specialized review.

         (e) Emergency appeals.-Where the exigency of the case is such as to impel an immediate appeal and the party intending to appeal an adverse action is unable to secure the formal entry of an appealable order pursuant to the usual procedures, the party may file in the [lower] trial court and serve a [praecipe] praecipe for entry of an adverse order, which action shall constitute entry of an appealable order for the purposes of these rules. The interlocutory or final nature of the action shall not be affected by this [subdivision] paragraph.

         Official Note: [See Rules of Appellate Procedure] See Pa.R.A.P. 311 authorizing interlocutory appeals as of right, 312 authorizing interlocutory appeals by permission, 313 authorizing appeals from collateral orders, and 341 to [843] 343 authorizing appeals from final orders.

         [See also Rules of Appellate Procedure] See also Pa.R.A.P. 903 governing time for filing notice of appeal, 1113 governing time for filing petition for allowance of appeal, 1311(b) governing time for filing petition for permission for appeal, [and] 1512 governing time for filing petition for review, and 1602(a) governing time for filing specialized petition for review.

         The 1986 [A]amendment to [Rule] Pa.R.A.P. 301 state[s]d that no order shall be appealable until entered in the docket and delete[s]d reference to reduction of an order to judgment as a prerequisite for appeal in every case. This deletion does not eliminate the requirement of reduction of an order to judgment in an appropriate case. Due to the variety of orders issued by courts in different kinds of cases, no single rule can delineate the requirements applicable in all cases. [The bar is cautioned that if] If the applicable practice or case law requires that an order be reduced to judgment or final decree before it becomes final, that requirement must still be met before the order can be appealed, and parties are cautioned that an appellate court may remand or take other steps under Pa.R.A.P. 902 if the prerequisites are not satisfied. Pa.R.C.P. 3021 sets forth the orders that the prothonotary is to enter in the judgment index and Pa.R.C.P. 227.4 provides a mechanism for parties to praecipe for judgment in certain circumstances. See also Pa.R.C.P. 236 and 237.

         [An appeal may be remanded or subject to other appropriate action of the appellate court when the order is such that it may be reduced to judgment or final decree and entered in the docket but such action has not been taken. Rule 902. Examples of orders which may be remanded under Rule 902 when the order appealed from has not been reduced to judgment or final decree include:

         1. an order denying a motion for a new trial or judgment notwithstanding the verdict after a trial by jury, Dennis v. Smith, 288 Pa.Super. 185, 431 A.2d 350 (1981);

         2. an order dismissing exceptions to the decision after a trial without jury, Black Top Paving Co., Inc. v. John Carlo, Inc., 292 Pa.Super. 404, 437 A.2d 446 (1981); and

         3. an order dismissing exceptions to the decree nisi in an equity action, Kopchak v. Springer, 292 Pa.Super. 441, 437 A.2d 756 (1981).

         An appeal will also be quashed where the order appealed from is interlocutory and the appeal is not authorized by Rule 311 governing interlocutory appeals as of right or Rule 312 governing interlocutory appeals by permission. Examples of interlocutory orders include:

         1. an order granting a petition for appointment of an arbitrator, Cassidy v. Keystone Ins. Co., 297 Pa.Super. 421, 443 A.2d 1193 (1982); and

         2. an order relating to alimony pendente lite, and interim counsel fees and expenses is not appealable. Fried v. Fried, 509 Pa. 89, 501 A.2d 211 (1985).

         Subdivision (a) extends former Supreme Court Rule 19A and former Commonwealth Court Rule 29A to the Superior Court. The second sentence of the subdivision codifies Stotsenburg v. Frost, 465 Pa. 187, 348 A.2d 418 (1975).

         The requirement of Subdivision (b) for a separate document is patterned after Fed.Rules Civ.Proc. 58, as interpreted in United States v. Indrelunas, 411 U.S. 216, 93 S.Ct. 1562, 36 L.Ed.2d 202 (1973), so as to render certain the date on which an order is entered for purposes of computing the running of the time for appeal. See also Bankers Trust Co. v. Mallis, 435 U.S. 381, 98 S.Ct. 1117, 55 L.Ed.2d 357 (1978) (requirement of separate document may be waived by appellee). This requirement is intended to control over any inconsistent civil (including orphans' court) or criminal procedural rule, since such rules are not primarily concerned with the appellate process.

         Subdivision (c) sets forth the frequently overlooked requirement for an appealable order that an order must be docketed before it may be appealed. The subdivision also sets forth the rule that an appeal is premature where the Court directs that a judgment sentence or order be entered in the docket and the prothonotary fails to do so. Friedman v. Kasser, 293 Pa.Super 294, 438 A.2d 1001 (1981). Moreover, an order of Court then directing that a complaint as set forth will be dismissed upon the passage of time or occurrence or failure of an event is not appealable; only a subsequent order of dismissal would be appealable. See Ayre v. Mountaintop Area Joint San. Auth., 58 Pa.Cmwlth. 510, 427 A.2d 1294 (1981).

         This rule does not supersede rules such as Pa.R.Civ.P. 237 which impose additional requirements or procedures in connection with filing a praecipe for a final order.

         Subdivision (d) provides a remedy for the appellant where no appealable order has been entered on the docket, and is similar to Pa.R.Civ.P. 227.4. The exception refers to cases such as certain matrimonial matters, where it has been held that the defendant is not entitled to cause an adverse decision to be formally entered as judgment. See, e.g., Mirarchi v. Mirarchi, 226 Pa.Super. 53, 311 A.2d 698 (1973).]

         The filing in the [lower] trial court required by [Subdivision] paragraph (e) may [under Rule 121(a) (filing) be made with a judge of the lower court in connection with] be accompanied by an application to the trial court for relief such as a stay or supersedeas under Chapter 17 [(effect of appeals, supersedeas and stays)].

         [See]See Pa.R.A.P. 108(d) [and Explanatory Comment--2007 thereto], Pa.R.A.P. 903(c)(3), and Pa.R.Crim.P. 462(G), 720, and 721 governing criminal appeals.

         Rule 313. Collateral Orders.

         (a) General [R]rule.-An appeal may be taken as of right from a collateral order of a[n administrative agency or lower] trial court or other government unit.

         (b) Definition.-A collateral order is an order separable from and collateral to the main cause of action where the right involved is too important to be denied review and the question presented is such that if review is postponed until final judgment in the case, the claim will be irreparably lost.

         Official Note: If an order meets the definition of a collateral order, it is appealed by filing a notice of appeal or petition for review.

         [Rule] Pa.R.A.P. 313 is a codification of existing case law with respect to collateral orders. See Pugar v. Greco, [483 Pa. 68');">483 Pa. 68, 73, ] 394 A.2d 542, 545 (Pa. 1978) (quoting Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949)). [Examples of collateral orders include orders denying pre-trial motions to dismiss based on double jeopardy in which the court does not find the motion frivolous, Commonwealth v. Brady, 510 Pa. 336, 508 A.2d 286, 289-91 (1986) (allowing an immediate appeal from denial of double jeopardy claim under collateral order doctrine where trial court does not make a finding of frivolousness); if the trial court finds the motion frivolous, the defendant may secure review only by first filing a petition for review under Pa.R.A.P. 1573. See Commonwealth v. Orie, 22 A.3d 1021(Pa. 2011).]

         [Other examples of collateral orders are an order denying a petition to permit the payment of death taxes, Hankin v. Hankin, 338 Pa. Super. 442, 487 A.2d 1363 (1985); and an order denying a petition for removal of an executor, Re: Estate of Georgianna, 312 Pa. Super. 339, 458 A.2d 989 (1983), aff'd 504 Pa. 510, 475 A.2d 744. Thorough discussions of the collateral order doctrine as it has been applied by Pennsylvania appellate courts are found in the following sources:] Pennsylvania appellate courts have found a number of classes of orders to fit the collateral order definition. Collateral order cases are collected and discussed in Darlington, McKeon, Schuckers and Brown, [1] Pennsylvania Appellate Practice [Second] 2015-2016 Edition, §§ 313:1-313:201 [(1994) and Byer, Appealable Orders under the Pennsylvania Rules of Appellate Procedures in Practice and Procedures in Pennsylvania Appellate Courts (PBI No. 1994-869); Pines, Pennsylvania Appellate Practice: Procedural Requirements and the Vagaries of Jurisdiction, 91 Dick.L.Rev. 55, 107-115 (1986).] Examples include an order denying a petition to permit the payment of death taxes, Hankin v. Hankin, 487 A.2d 1363 (Pa. Super. 1985), and an order denying a petition for removal of an executor, Re: Estate of Georgiana, 458 A.2d 989 (Pa. Super. 1983), aff'd, 475 A.2d 744 (Pa. 1984), and an order denying a pre-trial motion to dismiss on double jeopardy grounds if the trial court does not also make a finding that the motion to dismiss is frivolous. See Commonwealth v. Brady, 508 A.2d 286, 289-91 (Pa. 1986) (allowing an immediate appeal from denial of double jeopardy claim under collateral order doctrine where trial court does not make a finding of frivolousness); Commonwealth v. Orie, 22 A.3d 1021 (Pa. 2011). An order denying a pre-trial motion to dismiss on double jeopardy grounds that also finds that the motion to dismiss is frivolous is not appealable as of right as a collateral order, but may be appealable by permission under Pa.R.A.P. 1311(a)(3).

         If an order falls under Rule 313, an immediate appeal may be taken as of right simply by filing a notice of appeal. The procedures set forth in Rules 341(c) and 1311 do not apply under Rule 313.]

         Rule 341. Final Orders; Generally.

         (a) General [R]rule.-Except as prescribed in [subdivision] paragraphs (d)[, ] and (e) of this rule, an appeal may be taken as of right from any final order of a government unit or trial court.

         (b) Definition of [F]final [O]order.-A final order is any order that:

(1) disposes of all claims and of all parties; or
(2) (Rescinded).
(3) is entered as a final order pursuant to paragraph (c) of this rule.

         (c) Determination of finality.-When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the trial court or other government unit may enter a final order as to one or more but fewer than all of the claims and parties only upon an express determination that an immediate appeal would facilitate resolution of the entire case. Such an order becomes appealable when entered. In the absence of such a determination and entry of a final order, any order or other form of decision that adjudicates fewer than all the claims and parties shall not constitute a final order. In addition, the following conditions shall apply:

(1) [The trial court or other government unit is required to act on an application for a determination of finality under paragraph (c) within 30 days of entry of the order.] An application for a determination of finality under paragraph (c) must be filed within 30 days of entry of the order. During the time an application for a determination of finality is pending, the action is stayed.
(2) [A notice of appeal may be filed within 30 days after entry of an order as amended unless a shorter time period is provided in Pa.R.A.P. 903(c). Any denial of such an application shall be reviewable only for abuse of discretion pursuant to Chapter 15] Unless the trial court or other government unit acts on the application within 30 days after it is filed, the trial court or other government unit shall no longer consider the application and it shall be deemed denied.
(3) [Unless the trial court or other government unit acts on the application within 30 days of entry of the order, the trial court or other government unit shall no longer consider the application and it shall be deemed denied.] A notice of appeal may be filed within 30 days after entry of an order as amended unless a shorter time period is provided in Pa.R.A.P. 903(c). Any denial of such an application is reviewable only through a petition for permission to appeal under Pa.R.A.P. 1311.
[(4) The time for filing a petition for review will begin to run from the date of entry of the order denying the application for a determination of finality or, if the application is deemed denied, from the 31st day. A petition for review may be filed within 30 days of the entry of the order denying the application or within 30 days of the deemed denial unless a shorter time period is provided by Rule 1512(b).]

         (d) Superior Court and Commonwealth Court [O]orders.-Except as prescribed by Pa.R.A.P. 1101 no appeal may be taken as of right from any final order of the Superior Court or of the Commonwealth Court.

         (e) Criminal [O]orders.-An appeal may be taken by the Commonwealth from any final order in a criminal matter only in the circumstances provided by law.

         Official Note: Related Constitutional and [S]statutory [P]provisions-Section 9 of Article V of the Constitution of Pennsylvania provides that ''there shall be a right of appeal from a court of record or from an administrative agency to a court of record or to an appellate court.'' The constitutional provision is implemented by 2 Pa.C.S. § 702, 2 Pa.C.S. § 752, and 42 Pa.C.S. § 5105.

         Criminal [L]law [P]proceedings-Commonwealth [A]appeals-Orders that do not dispose of the entire case that were formerly appealable [under Pa.R.A.P. 341] by the Commonwealth in criminal cases under Pa.R.A.P. 341 [as heretofore provided by law, but which do not dispose of the entire case, ] are [now] appealable as interlocutory appeals as of right under paragraph (d) of Pa.R.A.P. 311.

         Final [O]orders-[P]pre-and [P]post-1992 Practice-The 1992 amendment generally eliminate[s]d appeals as of right under Pa.R.A.P. 341 from orders that do not end[ing] the litigation as to all claims and as to all parties. [Formerly, there was case law that orders not ending the litigation as to all claims and all parties are final orders if such orders have the practical consequence of putting a litigant out of court.] Prior to 1992, there were cases that deemed an order final if it had the practical effect of putting a party out of court, even if the order did not end the litigation as to all claims and all parties.

         A party needs to file only a single notice of appeal to secure review of prior non-final orders that are made final by the entry of a final order, see K.H. v. J.R., 826 A.2d 863, 870-71 (Pa. 2003) (following trial); Betz v. Pneumo Abex LLC, 44 A.3d 27, 54 (Pa. 2012) (summary judgment). Where, however, one or more orders resolves issues arising on more than one docket or relating to more than one judgment, separate notices of appeal must be filed. Malanchuk v. Tsimura, 137 A.3d 1283, 1288 (Pa. 2016) ("[C]omplete consolidation (or merger or fusion of actions) does not occur absent a complete identity of parties and claims; separate actions lacking such overlap retain their separate identities and require distinct judgments"); Commonwealth v. C.M.K., 932 A.2d 111, 113 & n.3 (Pa. Super. 2007) (quashing appeal taken by single notice of appeal from order on remand for consideration under Pa.R.Crim.P. 607 of two persons' judgments of sentence).

         The 1997 amendments to paragraphs (a) and (c), substituting the conjunction ''and'' for ''or, '' are not substantive. The amendments merely clarify that by definition any order [which] that disposes of all claims will dispose of all parties and any order that disposes of all parties will dispose of all claims.

         Rescission of subparagraph (b)(2)-Former subparagraph (b)(2) provided for appeals of orders defined as final by statute. The 2015 rescission of subparagraph (b)(2) eliminated a potential waiver trap created by legislative use of the adjective "final" to describe orders that were procedurally interlocutory but nonetheless designated as appealable as of right. Failure to appeal immediately an interlocutory order deemed final by statute waived the right to challenge the order on appeal from the final judgment. Rescinding subparagraph (b)(2) eliminated this potential waiver of the right to appeal. If an order designated as appealable by a statute disposes of all claims and of all parties, it is appealable as a final order pursuant to Pa.R.A.P. 341. If the order does not meet that standard, then it is interlocutory regardless of the statutory description. Pa.R.A.P. 311(a)(8) provides for appeal as of right from an order that is made final or appealable by statute or general rule, even though the order does not dispose of all claims or of all parties and, thus, is interlocutory[;]. Pa.R.A.P. 311(g) addresses waiver if no appeal is taken immediately from such interlocutory order.

         One of the further effects of the rescission of subparagraph (b)(2) is to change the basis for appealability of orders that do not end the case but grant or deny a declaratory judgment. See Nationwide Mut. Ins. Co. v. Wickett, 763 A.2d 813, 818 (Pa. 2000); Pa. Bankers Ass'n v. Pa. Dep't of Banking, 948 A.2d 790, 798 (Pa. 2008). The effect of the rescission is to eliminate waiver for failure to take an immediate appeal from such an order. A party aggrieved by an interlocutory order granting or denying a declaratory judgment, where the order satisfies the criteria for "finality" under Pennsylvania Bankers Association, may elect to proceed under Pa.R.A.P. 311(a)(8) or wait until the end of the case and proceed under subparagraph (b)(1) of this rule.

         An arbitration order appealable under 42 Pa.C.S. § 7320(a) may be interlocutory or final. If it disposes of all claims and all parties, it is final, and, thus, appealable pursuant to Pa.R.A.P. 341. If the order does not dispose of all claims and all parties, that is, the order is not final, but rather interlocutory, it is appealable pursuant to Pa.R.A.P. 311. Failure to appeal an interlocutory order appealable as of right may result in waiver of objections to the order. See Pa.R.A.P. 311(g).

         Paragraph (c)-Determination of [F]finality-Paragraph (c) permits an immediate appeal from an order dismissing less than all claims or parties from a case only upon an express determination that an immediate appeal would facilitate resolution of the entire case. Factors to be considered under paragraph (c) include, but are not limited to:

(1) whether there is a significant relationship between adjudicated and unadjudicated claims;
(2) whether there is a possibility that an appeal would be mooted by further developments;
(3) whether there is a possibility that the court or government unit will consider issues a second time; and
(4) whether an immediate appeal will enhance prospects of settlement.

         The failure of a party to apply to the government unit or trial court for a determination of finality pursuant to paragraph (c) shall not constitute a waiver and the matter may be raised in a subsequent appeal following the entry of a final order disposing of all claims and all parties.

         Where the government unit or trial court refuses to amend its order to include the express determination that an immediate appeal would facilitate resolution of the entire case and refuses to enter a final order, a petition for [review] permission to appeal under [Chapter 15] Pa.R.A.P. 1311 of the unappealable order of denial is the exclusive mode of review [to determine whether the case is so egregious as to justify prerogative appellate correction of the exercise of discretion by the lower tribunal. See, e.g., Pa.R.A.P. 1311, Official Note]. The filing of such a petition [for review] does not prevent the trial court or other government unit from proceeding further with the matter pursuant to Pa.R.A.P. 1701(b)(6). Of course, as in any case, the appellant [could] may apply for a discretionary stay of the proceeding below.

         Subparagraph (c)(2) provides for a stay of the action pending determination of an application for a determination of finality. If the application is denied, and a petition for [review] permission to appeal is filed challenging the denial, a stay or supersedeas will issue only as provided under Chapter 17 of these rules.

         In the event that a trial court or other government unit enters a final order pursuant to paragraph (c) of this rule, the trial court or other government unit may no longer proceed further in the matter, except as provided in Pa.R.A.P. 1701(b)(1)-(5).

         [The following is a partial list of orders previously interpreted by the courts as appealable as final orders under Pa.R.A.P. 341 that are no longer appealable as of right unless the trial court or government unit makes an express determination that an immediate appeal would facilitate resolution of the entire case and expressly enters a final order pursuant to Pa.R.A.P. 341(c):

(1) an order dismissing one of several causes of action pleaded in a complaint but leaving pending other causes of action;
(2) an order dismissing a complaint but leaving pending a counterclaim;
(3) an order dismissing a counterclaim but leaving pending the complaint that initiated the action;
(4) an order dismissing an action as to less than all plaintiffs or as to less than all defendants but leaving pending the action as to other plaintiffs and other defendants;
(5) an order granting judgment against one defendant but leaving pending the complaint against other defendants; and
(6) an order dismissing a complaint to join an additional defendant or denying a petition to join an additional defendant or denying a petition for late joinder of an additional defendant.

         The 1997 amendment adding subparagraph (c)(3) provided for a deemed denial where the trial court or other government unit fails to act on the application within 30 days.]

         Rule 502. Substitution of Parties.

         (a) Death of a party.-If a party dies after a notice of appeal or petition for review is filed or while a matter is otherwise pending in an appellate court, the personal representative of the deceased party may be substituted as a party on application filed by the representative or by any party with the prothonotary of the appellate court. The application of a party shall be served upon the representative in accordance with the provisions of [Rule] Pa.R.A.P. 123 [(applications for relief)]. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the appellate court may direct. If a party against whom an appeal may be taken or a petition for review may be filed dies after entry of an order below but before a notice of appeal or petition for review is filed, an appellant may proceed as if death had not occurred. After the notice of appeal or petition for review is filed, substitution shall be effected in the appellate court in accordance with this [subdivision] paragraph. If a party entitled to appeal or petition for review shall die before filing a notice of appeal or petition for review, the notice of appeal or petition for review may be filed by his personal representative, or, if he has no personal representative, by his counsel, within the time prescribed by these rules. After the notice of appeal or petition for review is filed, substitution shall be effected in the appellate court in accordance with this [subdivision] paragraph.

         (b) Substitution in other cases or for other causes.-If substitution of a party in an appellate court is necessary in connection with a petition for allowance of appeal, [or] a petition for permission to appeal, a petition for specialized review, or in connection with any [other] matter other than a notice of appeal or petition for review, or if substitution of a party in an appellate court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in [Subdivision] paragraph (a) of this rule.

         (c) Death or separation from office of public officer.--When a public officer is a party to an appeal or other matter in an appellate court in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the matter does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

         Official Note: Pa.R.C[iv].P. 2351 to 237[5]4 relate to substitution of parties in the courts of common pleas, but this rule, which is patterned after [Fed. Rules App.Proc.] Fed. R. App. P. 43[(a), (b) and (c)(1)], covers the subject in the appellate courts for the first time.

         Rule 553. Application in Appellate Court.

         (a) General rule.-A party who has been denied relief under [Rule] Pa.R.A.P. 552 [(application to lower court for leave to appeal in forma pauperis)], or who has been unable to file an application under such rule because the matter is an original action in the appellate court, or a petition for review or petition for specialized review proceeding relating to a government unit other than a court, or for any other reason, may apply to the appellate court for leave to proceed [in forma pauperis] in forma pauperis in the appellate court.

         (b) Form and procedure.-An application under this rule shall be governed by [Rule] Pa.R.A.P. 552 so far as it may be applied.

         Official Note: [See former Supreme Court Rule 61(d), which required an affidavit (verified statement) in all cases.] Unlike the prior rule, this rule makes clear that [the] an application may be [renewed] made in the appellate court even if it has been denied in the trial court.

         Rule 701. Interlocutory Orders.

         An appeal authorized by law from an interlocutory order [in a matter] shall be taken to, and petitions for permission to appeal from an interlocutory order [in a matter] and petitions for specialized review shall be filed in, the appellate court having jurisdiction of final orders in such matters.

         Official Note: Based on 42 Pa.C.S. § 702(a) [(appeals authorized by law)].

         Rule 702. Final Orders.

         (a) General rule.-An appeal authorized by law from a final order shall be taken to, and petitions for allowance of appeal from a final order shall be filed in, the appellate court vested by law with jurisdiction over appeals from such order.

         (b) Matters tried with capital offenses.-If an appeal is taken to the Supreme Court under [Rule] Pa.R.A.P. 1941 (review of death sentences), any other appeals relating to sentences for lesser offenses imposed on a defendant as a result of the same criminal episode or transaction and tried with the capital offense shall also be taken to the Supreme Court.

         (c) Supervision of special prosecutions or investigations.-All petitions for specialized review under [Rule 3331] Pa.R.A.P. 1611 [(review of special prosecutions or investigations)] shall be filed in the Supreme Court.

         Official Note: [Because of frequent legislative modifications it is not desirable to attempt at this time to restate appellate court jurisdiction in these rules. However, the] The Administrative Office of Pennsylvania Courts publishes from time to time at 204 Pa. Code § 201.2 an unofficial chart of the Unified Judicial System showing the appellate jurisdiction of the several courts of this Commonwealth, and it is expected that the several publishers of these rules will include a copy of the current version of such chart in their respective publications.

         [Subdivisions] Paragraphs (b) and (c) are based upon 42 Pa.C.S. § 722(1) (direct appeals from courts of common pleas). Under [Rule] Pa.R.A.P. 751, [(transfer of erroneously filed cases)] an appeal from a lesser offense improvidently taken to the Superior Court or the Commonwealth Court will be transferred to the Supreme Court for consideration and decision with the capital offense.

         Under [Rule] Pa.R.A.P. 701, [(interlocutory orders)] the jurisdiction described in [Subdivision] paragraph (c) extends also to interlocutory orders. [See Rule] See Pa.R.A.P. 102 [(definitions)] where the term "appeal" includes proceedings on petition for review and petitions for specialized review. Ordinarily [Rule] Pa.R.A.P. 701 will have no application to matters within the scope of [Subdivision] paragraph (b), since that [subdivision] paragraph is contingent upon entry of a final order in the form of a sentence of death; the mere possibility of such a sentence is not [intended to give the] a basis for Supreme Court direct appellate jurisdiction over interlocutory orders in homicide and related cases, [since generally a death sentence is not imposed], because it is the imposition of the sentence of death that triggers Supreme Court direct review. See 42 Pa.C.S. § 9711(h).

         Rule 901. Scope of Chapter.

         This chapter applies to all appeals from a trial court to an appellate court except:

(1) An appeal by allowance taken under 42 Pa.C.S. § 724 (allowance of appeals from Superior and Commonwealth Courts). [See Rule] See Pa.R.A.P. 1112 [(appeals by allowance)].
(2) An appeal by permission taken [under 42 Pa.C.S. § 702(b) (interlocutory appeals by permission). See Rule 1311 (interlocutory appeals by permission)] pursuant to Pa.R.A.P. 1311.
(3) An appeal [which may be] taken by petition for specialized review pursuant to [Rule 1762(b)(2), which governs applications relating to bail when no appeal is pending] Chapter 16.
[(4) An appeal which may be taken by petition for review pursuant to Rule 1770, which governs out of home placement in juvenile delinquency matters.]
[(5)] (4) Automatic review of sentences pursuant to 42 Pa.C.S. § 9711(h) (review of death sentence). [See Rule] See Pa.R.A.P. 1941 [(review of death sentences)].
[(6) An appeal which may be taken by petition for review pursuant to Rule 3331 (review of special prosecutions or investigations).
(7) An appeal which may be taken only by a petition for review pursuant to Rule 1573, which governs review when a trial court has denied a motion to dismiss on the basis of double jeopardy as frivolous.]

         Rule 1311. Interlocutory Appeals by Permission.

         (a) General rule.--An appeal may be taken by permission from an interlocutory order:

(1) certified under 42 Pa.C.S. § 702(b) or for which certification pursuant to 42 Pa.C.S. § 702(b) was denied; see Pa.R.A.P. 312; [(interlocutory appeals by permission) from any interlocutory order of a trial court or other government unit. See Pa.R.A.P. 312 (interlocutory appeals by permission).]
(2) for which certification pursuant to Pa.R.A.P. 341(c) was denied; or
(3) that determined that a defendant's motion to dismiss on the basis of double jeopardy is frivolous.

         (b) Petition for permission to appeal.-Permission to appeal from an interlocutory order listed in paragraph (a) [containing the statement prescribed by 42 Pa.C.S. § 702(b)] may be sought by filing a petition for permission to appeal with the prothonotary of the appellate court within 30 days after entry of such order or the date of deemed denial in the trial court or other government unit with proof of service on all other parties to the matter in the trial court or other government unit and on the government unit or clerk of the trial court, who shall file the petition of record in such trial court. An application for an amendment of an interlocutory order to set forth expressly either the statement specified in 42 Pa.C.S. § 702(b) or the one in Pa.R.A.P. 341(c) shall be filed with the trial court or other government unit within 30 days after the entry of such interlocutory order, and permission to appeal may be sought within 30 days after entry of the order as amended. Unless the trial court or other government unit acts on the application within 30 days after it is filed, the trial court or other government unit shall no longer consider the application and it shall be deemed denied. If the petition for permission to appeal is transmitted to the prothonotary of the appellate court by means of first class, express, or priority United States Postal Service mail, the petition shall be deemed received by the prothonotary for the purposes of 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 trial court or other government unit, and shall be either enclosed with the petition or separately mailed to the prothonotary. The petitioner must file the original and one copy. Upon actual receipt of the petition for permission to appeal, the prothonotary of the appellate court shall immediately stamp it with the date of actual receipt. That date, or the date of earlier deposit in the United States mail as prescribed in this paragraph, shall constitute the date when permission to appeal was sought, which date shall be shown on the docket. The prothonotary of the appellate court shall immediately note the appellate docket number assignment upon the petition for permission to appeal and give notice of the docket number assignment to the government unit or clerk of the trial court, to the petitioner, and to the other persons named in the proof of service accompanying the petition.

         (c) Fee.-The petitioner upon filing the petition for permission to appeal shall pay any fee therefor prescribed by Chapter 27 (fees and costs in appellate courts and on appeal).

         (d) Entry of appearance.-Upon the acceptance for filing of the petition for permission to appeal, the prothonotary of the appellate court shall note on the record as counsel for the petitioner the name of counsel, if any, set forth in or endorsed upon the petition for permission to appeal, and, as counsel for other parties, counsel, if any, named in the proof of service. Unless that party is entitled by law to be represented by counsel on a petition for permission to appeal, the prothonotary shall upon praecipe of any such counsel for other parties, filed at any time within 30 days after filing of the petition, strike off or correct the record of appearance. If entry of appearance in the trial court extends through appeals, counsel's appearance for a party may not be withdrawn without leave of court. Leave of court to withdraw is also required for any other counsel who have not filed a praecipe to correct appearance within the first 30 days after the petition is docketed, unless another lawyer has entered or simultaneously enters an appearance for the party.

         Official Note: [Based on 42 Pa.C.S. § 702(b) (interlocutory appeals by permission). See note to Pa.R.A.P. 903 (time for appeal). Compare 42 Pa.C.S. § 5574 (effect of application for amendment to qualify for interlocutory appeal).] Pa.R.A.P. 1311 originally implemented only 42 Pa.C.S. § 702(b) (interlocutory appeals by permission). The accompanying note provided that an order refusing to certify an order as meeting the requirements of 42 Pa.C.S. § 702(b) was reviewed by filing of a petition for review under Chapter 15. The rule was amended in 2020 to expand the use of a petition for permission to appeal to requests for review of interlocutory orders that were not certified for immediate review pursuant to 42 Pa.C.S. § 702(b) or Pa.R.A.P. 341(c) and of interlocutory orders that found a criminal defendant's claim that further proceedings would cause the defendant to be placed in double jeopardy to be frivolous.

         [See] See the Official Note to Pa.R.A.P. 1112 (appeals by allowance) for an explanation of the procedure when Form 3817 or other similar United States Postal Service form from which the date of deposit can be verified is used.

         [Where the government unit or trial court refuses to amend its order to include the prescribed statement, a petition for review under Chapter 15 of the unappealable order of denial is the proper mode of determining whether the case is so egregious as to justify prerogative appellate correction of the exercise of discretion by the lower tribunal. If the petition for review is granted in such a case, the effect (as in the Federal practice under 28 U.S.C. § 1292(b)) is the same as if a petition for permission to appeal had been filed and granted, and no separate petition for permission to appeal need be filed.

         The 1997 amendment to paragraph (b) provides for a deemed denial where the trial court or other government unit fails to act on the application within 30 days. Under such circumstances, a party may need to file a praecipe for entry of the deemed denial pursuant to Pa.R.A.P. 301(d).]

         The Rules of Criminal Procedure require counsel appointed by the trial court to continue representation through direct appeal. Pa.R.Crim.P. 120(A)(4) and

         Pa.R.Crim.P. 122(B)(2). Similarly, the Rules of Criminal Procedure require counsel appointed in post-conviction proceedings to continue representation throughout the proceedings, including any appeal from the disposition of the petition for post-conviction collateral relief. Pa.R.Crim.P. 904(F)(2) and Pa.R.Crim.P. 904(H)(2)(b). The same is true when counsel enters an appearance on behalf of a juvenile in a delinquency matter or on behalf of a child or other party in a dependency matter. Pa.R.J.C.P. 150(B), 151, Pa.R.J.C.P. 1150(B), 1151(B), (E). It would be rare for counsel in such cases to consider withdrawing by praecipe, but the 2020 amendment to the rule avoids any possibility of confusion by clarifying that withdrawal by praecipe is available only in matters that do not otherwise require court permission to withdraw.

         With respect to appearances by new counsel following the initial docketing of appearances pursuant to paragraph (d) of this rule, please note the requirements of Pa.R.A.P. 120.

         Rule 1312. Content of the Petition for Permission to Appeal.

         (a) General rule.--The petition for permission to 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 statement of the basis for the jurisdiction of the appellate court.

         (2) The text of the order in question, or the portions thereof sought to be reviewed, the text of any order ruling on any subsequent request for certification, [(including the statement by the trial court or other government unit that the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter), ] and the date of [its] their entry in the trial court or other government unit. If the order(s) [is] are voluminous, it may, if more convenient, be appended to the petition.

         (3) A concise statement of the case containing the facts necessary to an understanding of the [controlling questions of law determined by the] basis for the order of the trial court or other government unit.

         (4) The [controlling] proposed questions [of law] 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 permission to appeal is granted.

         (5) A concise statement of the reasons for an immediate appeal: [why a substantial ground exists for a difference of opinion on the questions and why an immediate appeal may materially advance the termination of the matter.]

(i) For a petition for permission to appeal an order certified pursuant to 42 Pa.C.S. § 702(b), a statement of the reasons why the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an appeal from the order may materially advance the ultimate termination of the matter;
(ii) For a petition for permission to appeal an order for which certification pursuant to 42 Pa.C.S. § 702(b) was denied or deemed denied, a statement of reasons why the order involves a controlling question of law as to which there is substantial ground for difference of opinion, that an appeal from the order may materially advance the ultimate termination of the matter, and why the refusal of certification was an abuse of the trial court's or other government unit's discretion that is so egregious as to justify prerogative appellate correction;
(iii) For a petition for permission to appeal an order for which certification pursuant to Pa.R.A.P. 341(c) was denied or deemed denied, the petition must contain a statement of reasons why an immediate appeal would facilitate resolution of the entire case and why the refusal of certification was an abuse of the trial court's or other government unit's discretion that is so egregious as to justify prerogative appellate correction;
(iv) For a petition for permission to appeal pursuant to Pa.R.A.P. 1311(a)(3), the petition must set forth why the claim of double jeopardy is colorable.

         (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 trial courts or other government units in the case, and, if reference thereto is necessary to ascertain the grounds of the order, opinions in companion cases. 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 ...


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