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
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):
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.
Order shall be processed in accordance with Pa.R.J.A. No.
103(b), and shall be effective August 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.
Argument.-Where required by the context, the term
includes submission on briefs.
office.-The Administrative Office of Pennsylvania
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.
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).
petitioner for review or specialized review.
court.-The Supreme Court, the Superior Court, or the
a party named as a respondent in a petition for review or
a petition or a motion.
security.-Security that meets the requirements of
Pa.R.A.P. 1734 (appropriate security).
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. §§ 5321 et seq.; 23
Pa.C.S. §§ 5102 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.
entries.-Includes the schedule of proceedings of a
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.
proceeding, or appeal. The term includes a petition for
review or petition for specialized review.
judgment, decision, decree, sentence, and adjudication.
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.
for permission to appeal.-A petition under Pa.R.A.P.
1311 (interlocutory appeals by permission).
for review.-A petition under [Pa.R.A.P. 1511 (manner of
obtaining judicial review of governmental determinations)]
for specialized review.-A petition under Chapter 16.
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.
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 court(s).
court.-The court from which an appeal is first taken or to be
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.
105. Waiver and Modification of Rules.
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
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.
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.
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.
120. Entry of Appearance.
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.
Note: For admission pro hac vice, [see] see
121. Filing and Service.
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.
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
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.
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.
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.
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
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.
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.
(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.
(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).
(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.
(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
(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.
301. Requisites for an Appealable Order.
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
(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.
Separate document required.-Every order shall be set
forth on a separate document.
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.
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.
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.
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  343 authorizing appeals from final orders.
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
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
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
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);
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
order dismissing exceptions to the decree nisi in an equity
action, Kopchak v. Springer, 292 Pa.Super. 441, 437
A.2d 756 (1981).
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:
order granting a petition for appointment of an arbitrator,
Cassidy v. Keystone Ins. Co., 297 Pa.Super. 421, 443
A.2d 1193 (1982); and
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).
(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).
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.
(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
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.
(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).]
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)].
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.
313. Collateral Orders.
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.
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
Note: If an order meets the definition of a collateral
order, it is appealed by filing a notice of appeal or
petition for review.
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).]
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, 
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).
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.]
341. Final Orders; Generally.
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.
Definition of [F]final [O]order.-A final order is
any order that:
(1) disposes of all claims and of all parties; or
(3) is entered as a final order pursuant to paragraph (c) of
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
(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
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.
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.
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.
[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.
[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.
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).
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.
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
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.
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).
(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
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.
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.
(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.
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.
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
(1) an order dismissing one of several causes of action
pleaded in a complaint but leaving pending other causes of
(2) an order dismissing a complaint but leaving pending a
(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
(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
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.]
502. Substitution of Parties.
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.
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.
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
Note: Pa.R.C[iv].P. 2351 to 2374 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.
553. Application in Appellate Court.
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.
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.
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.
701. Interlocutory Orders.
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.
Note: Based on 42 Pa.C.S. § 702(a) [(appeals
authorized by law)].
702. Final Orders.
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
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
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.
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.
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.
[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).
901. Scope of Chapter.
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
(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
(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
[(6) An appeal which may be taken by petition for review
pursuant to Rule 3331 (review of special prosecutions or
(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.]
1311. Interlocutory Appeals by Permission.
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
(3) that determined that a defendant's motion to dismiss
on the basis of double jeopardy is frivolous.
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.
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
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.
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
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.
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.
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).]
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
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.
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.
1312. Content of the Petition for Permission to
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):
statement of the basis for the jurisdiction of the appellate
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.
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.
[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.
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.
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.
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