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210 Pa. Code Rule 313. Collateral Orders.

Rule 313. Collateral Orders.

 (a)  General rule.—An appeal may be taken as of right from a collateral order of a trial court or other government unit.

 (b)  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 lost.

   Official 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, 394 A.2d 542, 545 (Pa. 1978) (quoting Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949)).

   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 2015-2016 Edition, § §  313:1—313:201. 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).

Source

   The provisions of this Rule 313 adopted March 12, 1992, effective July 6, 1992, and shall govern all matters thereafter commenced; amended May 6, 1992, effective July 6, 1992, 22 Pa.B. 2675; amended July 7, 1997, effective in 60 days, 27 Pa.B. 3503; corrected August 8, 1997, 27 Pa.B. 3995; amended June 4, 2013, effective July 4, 2013, 43 Pa.B. 3327; amended January 7, 2020, effective August 1, 2020, 50 Pa.B. 505. Immediately preceding text appears at serial page (381035).



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