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210 Pa. Code Rule 2117. Statement of the Case.

Rule 2117. Statement of the Case.

 (a)  General rule.—The statement of the case shall contain, in the following order:

   (1)  A statement of the form of action, followed by a brief procedural history of the case.

   (2)  A brief statement of any prior determination of any court or other government unit in the same case or estate, and a reference to the place where it is reported, if any.

   (3)  The names of the judges or other officials whose determinations are to be reviewed.

   (4)  A closely condensed chronological statement, in narrative form, of all the facts which are necessary to be known in order to determine the points in controversy, with an appropriate reference in each instance to the place in the record where the evidence substantiating the fact relied on may be found. See Rule 2132 (references in briefs to the record).

   (5)  A brief statement of the order or other determination under review.

 (b)  All argument to be excluded.—The statement of the case shall not contain any argument. It is the responsibility of appellant to present in the statement of the case a balanced presentation of the history of the proceedings and the respective contentions of the parties.

 (c)  Statement of place of raising or preservation of issues.—Where under the applicable law an issue is not reviewable on appeal unless raised or preserved below, the statement of the case shall also specify:

   (1)  The stage of the proceedings in the court of first instance, and in any appellate court below, at which, and the manner in which, the questions sought to be reviewed were raised.

   (2)  The method of raising them (e.g. by a pleading, by a request to charge and exceptions, etc.).

   (3)  The way in which they were passed upon by the court.

   (4)  Such pertinent quotations of specific portions of the record, or summary thereof, with specific reference to the places in the record where the matter appears (e.g. ruling or exception thereto, etc.) as will show that the question was timely and properly raised below so as to preserve the question on appeal.

 Where the portions of the record relied upon under this subdivision are voluminous, they shall be included in an appendix to the brief, which may, if more convenient, be separately presented.

 (d)  Appeals from cases submitted on stipulated facts.—When the appeal is from an order on a case submitted on stipulated facts, the statement of the case may consist of the facts as stipulated by the parties.

   Official Note

   Based on former Supreme Court Rules 46 and 53, former Superior Court Rules 38 and 43 and former Commonwealth Court Rule 94. This misnomer ‘‘history of the case’’ has been abandoned in favor of the more accurate term ‘‘statement of the case,’’ since the matter called for in Paragraph (a)(4) is not strictly a history of events, but a statement of facts, or of contentions as to facts.

   Where the appeal raises issues of pleading, such as on appeal from an order on preliminary objections, the procedural history should detail the relevant sequence of pleadings.

   The former flat prohibition against quotation from the testimony has been omitted in light of the second sentence of Subdivision (b), which is new.

   Subdivision (c) is new. Rule 2119(e) (statement of place of raising or preservation of issues) requires that the argument contain a reference to the manner of raising or preservation of an issue in immediate connection with the argument relating thereto. See also Rule 302 (requisites for reviewable issue), and Rule 1551(a) (review of quasijudicial orders).

   The 2004 amendment replaces references in subdivision (d) to appeals from a ‘‘case stated’’ because this procedure was abolished pursuant to Pa.R.C.P. 1038.2. In its place, the Supreme Court adopted Pa.R.C.P. 1038.1 providing for a ‘‘case submitted on stipulated facts.’’ The statement of the case under subdivision (a)(4) of this rule may now only consist of those facts stipulated to by the parties.

Source

   The provisions of this Rule 2117 amended May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740; amended February 18, 2004, effective immediately, 34 Pa.B. 1320; amended February 18, 2004, effective immediately, 34 Pa.B. 2688. Immediately preceding text appears at serial pages (302925) to (302927).



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