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COMMONWEALTH OF PENNSYLVANIA

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210 Pa. Code Rule 1972. Dispositions on Motion.

Rule 1972. Dispositions on Motion.

 (a)  Except as otherwise prescribed by this rule, subject to 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 Pa.R.A.P. 741.

   (2)  To transfer to another appellate court under 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 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 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 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 Pa.R.A.P. 905(a)(2), or within 10 days of the lower court’s filing of a 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

   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).

Source

   The provisions of this Rule 1972 amended May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740; amended February 27, 1980, 10 Pa.B. 1038, effective date as set forth at 10 Pa.B. 1038; amended September 10, 2008, effective December 1, 2008, 38 Pa.B. 5257; amended January 13, 2009, effective as to all appeals filed 60 days or more after adoption, 39 Pa.B. 1094; amended April 1, 2015, effective May 1, 2015, 45 Pa.B. 1943. Immediately preceding text appears at serial pages (366922) and (369573).



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