Order Amending Rule 1972 of the Rules of Appellate Procedure; No. 253 Appellate Procedural Rules Doc.
[45 Pa.B. 1943]
[Saturday, April 18, 2015]
And Now, this 1st day of April, 2015, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been published before adoption at 43 Pa.B. 5393 (September 7, 2013):
It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Appellate Procedure 1972 is amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective May 1, 2015.
TITLE 210. APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
ARTICLE II. APPELLATE PROCEDURE
CHAPTER 19. PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS
DISPOSITION WITHOUT REACHING THE MERITS
Rule 1972. Dispositions on Motion.
(a) Except as otherwise prescribed by this rule, subject to [Rule 123 (applications for relief)] Pa.R.A.P. 123, any party may move:
(1) To transfer the record of the matter to another court because the matter should have been commenced in, or the appeal should have been taken to, such other court. [See Rule 741 (waiver of objections to jurisdiction).] See Pa.R.A.P. 741.
(2) To transfer to another appellate court under [Rule 752 (transfers between Superior and Commonwealth Courts)] Pa.R.A.P. 752.
(3) To dismiss for want of jurisdiction in the unified judicial system of this Commonwealth.
(4) To dismiss for mootness.
(5) To dismiss for failure to preserve the question below, or because the right to an appeal has been otherwise waived. [See Rule 302 (requisites for reviewable issue) and Rule 1551(a) (review of quasijudicial orders).] See Pa.R.A.P. 302 and Pa.R.A.P. 1551(a).
(6) To continue generally or to quash because the appellant is a fugitive.
(7) To quash for any other reason appearing on the record.
Any two or more of the grounds specified in this rule may be joined in the same motion. Unless otherwise ordered by the appellate court, a motion under this rule shall not relieve any party of the duty of filing his or her briefs and reproduced records within the time otherwise prescribed [therefore] therefor. The court may grant or refuse the motion, in whole or in part; may postpone consideration thereof until argument of the case on the merits; or may make such other order as justice may require.
(b) In a children’s fast track appeal, a dispositive motion filed under [Paragraphs] subparagraphs (a)(1), (a)(2), (a)(5), (a)(6) or (a)(7) of this rule shall be filed within 10 days of the filing of the statement of errors complained of on appeal required by [Rule] Pa.R.A.P. 905(a)(2), or within 10 days of the lower court’s filing of a [Rule] Pa.R.A.P. 1925(a)(2) opinion, whichever period expires last, unless the basis for seeking to quash the appeal appears on the record subsequent to the time limit provided herein, or except upon application and for good cause shown.
[Official Note: Based on former Supreme Court Rule 33 and former Superior Court Rule 25.
As to Paragraph (6) see, e.g. Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975) (continuing generally), Commonwealth v. Barron, 237 Pa. Super. 369, 352 A.2d 84 (1975) (quashing). Rule 1933 (record for preliminary hearing in appellate court) makes clear the right of a moving party to obtain immediate transmission of as much of the record as may be necessary for the purposes of a motion under this rule. See Rule 123(c) (speaking applications).]
Official Note: Pa.R.A.P. 1933 makes clear the right of a moving party to obtain immediate transmission of as much of the record as may be necessary for the purposes of a motion under this rule. See Pa.R.A.P. 123(c).
[Pa.B. Doc. No. 15-719. Filed for public inspection April 17, 2015, 9:00 a.m.]