Pennsylvania Code Title 210 - APPELLATE PROCEDURE
Title 210 of the Pennsylvania Code, known as the Pennsylvania Rules of Appellate Procedure (Pa.R.A.P.), governs the procedures for appeals in Pennsylvania's appellate courts. These rules are essential for ensuring consistency, fairness, and efficiency in the appellate process.
Key Provisions
Article I – Preliminary Provisions
Rule 102 – Definitions: This rule provides definitions for terms used throughout the appellate rules, such as "appeal," "appellant," "appellee," and "argument." Understanding these definitions is crucial for interpreting and applying the rules correctly. Justia Regulations
Rule 105 – Application of Rules and Enlargement of Time: This rule emphasizes the liberal application of the rules to secure just, speedy, and inexpensive determinations of matters. It also outlines the conditions under which appellate courts may enlarge the time prescribed by the rules, with specific exceptions. Legal Information Institute
Article II – Appeals
Rule 301 – Appeals from Lower Courts: This rule specifies the types of orders from which appeals may be taken, including final orders and certain interlocutory orders.
Rule 311 – Interlocutory Appeals as of Right: This rule allows for appeals as of right from certain interlocutory orders, such as those affecting judgments, attachments, and injunctions. It also outlines the procedures for such appeals and the consequences of failing to file an appeal. Legal Information Institute
Rule 1301 – Interlocutory Appeals by Permission: This rule permits appeals from interlocutory orders with the permission of the appellate court. It sets forth the procedures for requesting permission and the criteria for granting such requests.
Rule 1701 – Effect of Appeal: This rule addresses the effect of an appeal on the jurisdiction of the lower court and the proceedings in the trial court.
Article III – Judicial Review of Governmental Determinations
Rule 1501 – Scope of Judicial Review: This rule outlines the scope of judicial review of governmental determinations, specifying the standards and procedures for such reviews.
Rule 1502 – Record for Judicial Review: This rule defines the record for judicial review, detailing the materials that constitute the record and the procedures for compiling it.
Case Law Examples
Commonwealth v. Williams, 574 Pa. 487, 832 A.2d 962 (2003)
Issue: Whether the Superior Court erred in dismissing an appeal as untimely.
Holding: The Pennsylvania Supreme Court held that the appeal was timely filed, emphasizing the importance of adhering to the procedural rules governing appeals.
In re Estate of McGovern, 832 A.2d 1141 (Pa. Super. Ct. 2003)
Issue: Whether the Orphans' Court erred in denying a petition for review.
Holding: The Superior Court affirmed the Orphans' Court's decision, highlighting the standards for judicial review of governmental determinations.
Recent Developments
Recent amendments to the Pa.R.A.P. have focused on enhancing the efficiency and accessibility of the appellate process. For instance, Rule 105 was amended to allow for the enlargement of time in certain circumstances, aiming to provide litigants with reasonable opportunities to comply with procedural requirements. Legal Information Institute
Conclusion
Title 210 of the Pennsylvania Code provides a comprehensive framework for appellate procedures in the state. By understanding and adhering to these rules, litigants can navigate the appellate process more effectively, ensuring that their appeals are heard and decided in a fair and timely manner.
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