Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 08-1575

THE COURTS

Title 210--APPELLATE PROCEDURE

[ 210 PA. CODE CHS. 1, 9, 11, 19, 21 AND 25 ]

Amendment of Rules 102, 903, 904, 905, 1112, 1113, 1116, 1123, 1925, 1931, 1972, 2154, 2172, 2185, 2542 and 2545

[38 Pa.B. 4723]
[Saturday, August 30, 2008]

   The Appellate Court Procedural Rules Committee (Committee) proposes to amend Pennsylvania Rules of Appellate Procedure 102, 903, 904, 905, 1112, 1113, 1116, 1123, 1925, 1931, 1972, 2154, 2172, 2185, 2542 and 2545. The suggested amendments are designed to implement a broad Family Fast Track to speed up the appellate process in cases involving the rights of children--dependency, termination of parental rights, adoptions, custody and paternity. The suggested amendments are being submitted to the bench and bar for comments and suggestions prior to their submission to the Supreme Court.

   Proposed new material is bold while deleted material is bold and bracketed.

   Attached to this Recommendation is a Committee Report that addresses the problem identified by the Committee, the process by which it studied the problem and prepared the Recommendation, and a summary of the Recommendation. This report was prepared by this Committee for the convenience of the bench and bar. It will neither constitute part of the rule nor be officially adopted or promulgated.

   All communications in reference to the proposed amendment should be sent no later than September 24, 2008, to:

Dean R. Phillips, Chief Counsel
D. Alicia Hickok, Deputy Counsel
Scot R. Withers, Deputy Counsel
Appellate Court Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
 
or Fax to
717-795-2116
 
or E-Mail to
appellaterules@pacourts.us

By the Appellate Court
Procedural Rules Committee

HONORABLE MAUREEN E. LALLY-GREEN,   
Chair

PROFESSOR ABRAHAM J. GAFNI,   
Vice Chair

Annex A

TITLE 210. APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

ARTICLE I. PRELIMNARY PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

IN GENERAL

Rule 102. Definitions.

   Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule:

*      *      *      *      *

   Docket entries--Includes the schedule of proceedings of a governmental unit.

   Family Fast Track Appeal--Any appeal from an order involving dependency, termination of parental rights, adoptions, custody or paternity. See 42 Pa.C.S. §§ 6301 et seq.; 23 Pa.C.S. §§ 2511 et seq.; 23 Pa.C.S. §§ 2101 et seq.; 23 Pa.C.S. §§ 5301 et seq.; 23 Pa.C.S. §§ 5102 et seq.

*      *      *      *      *

ARTICLE II. APPELLATE PROCEDURE

CHAPTER 9. APPEALS FORM LOWER COURTS

Rule 903. Time for Appeal.

*      *      *      *      *

   (c)  Special provisions. Notwithstanding any other provision of this rule:

*      *      *      *      *

   (2)  An appeal from any of the orders covered by the family fast track appeal shall be taken within 21 days of the entry of the order from which the appeal is taken.

   [(2)] (3)  Where an election has been filed under Rule 311(b) (order sustaining venue or personal or in rem jurisdiction), the notice of appeal shall be filed within 30 days after the filing of the election.

   [(3)] (4)  In a criminal case in which no post-sentence motion has been filed, the notice of appeal shall be filed within 30 days of the imposition of the judgment of sentence in open court.

*      *      *      *      *

Rule 904. Content of the Notice of Appeal.

   (a)  Form. [The] Except as otherwise prescribed by this rule, the notice of appeal shall be in substantially the following form:

*      *      *      *      *

   (f)  Content in family fast track appeals.--In a family fast track appeal the notice of appeal shall include a statement advising the appellate court that the appeal is a family fast track appeal.

*      *      *      *      *

Rule 905. Filing of Notice of Appeal.

   (a)  Filing with clerk.

   (1)  Two copies of the notice of appeal, the order for transcript, if any, and the proof of service required by Rule 906 (service of notice of appeal), shall be filed with the clerk of the trial court. If the appeal is to the Supreme Court, the jurisdictional statement required by Rule 909 shall also be filed with the clerk of the trial court.

   (2)  If the appeal is a family fast track appeal, the concise statement of errors complained of on appeal as described in Rule 1925(b) shall be filed with the notice of appeal and served in accordance with Rule 1925(b)(1).

   (3)  Upon receipt of the notice of appeal the clerk shall immediately stamp it with the date of receipt, and that date shall constitute the date when the appeal was taken, which date shall be shown on the docket.

   (4)  If a notice of appeal is mistakenly filed in an appellate court, or is otherwise filed in an incorrect office within the unified judicial system, the clerk shall immediately stamp it with the date of receipt and transmit it to the clerk of the court which entered the order appealed from, and upon payment of an additional filing fee the notice of appeal shall be deemed filed in the trial court on the date originally filed.

   (5)  A notice of appeal filed after the announcement of a determination but before the entry of an appealable order shall be treated as filed after such entry and on the day thereof.

   (b)  Transmission to appellate court. The clerk shall immediately transmit to the prothonotary of the appellate court named in the notice of appeal a copy of the notice of appeal showing the date of receipt, the related proof of service and a receipt showing collection of any docketing fee in the appellate court required under Subdivision (c). If the appeal is a family fast track appeal, the clerk shall stamp the notice of appeal with a ''Family Fast Track'' designation in red ink, advising the appellate court that the appeal is a family fast track appeal and shall transmit to the prothonotary of the appellate court named in the notice of appeal the concise statement of errors complained of on appeal required by Subdivision (a)(2) of this rule. The clerk shall also transmit with such papers:

*      *      *      *      *

CHAPTER 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT

PETITION FOR ALLOWANCE OF APPEAL

Rule 1112. Appeals by Allowance.

*      *      *      *      *

   (c)  Petition for allowance of appeal.[--]

   (1)  Allowance of an appeal from a final order of the Superior Court or the Commonwealth Court may be sought by filing a petition for allowance of appeal with the Prothonotary of the Supreme Court within the time allowed by Rule 1113 (time for petitioning for allowance of appeal), with proof of service on all other parties to the matter in the appellate court below.

   (2)  If the petition for allowance of appeal is transmitted to the Prothonotary of the Supreme Court by means of first class mail, the petition shall be deemed received by the Prothonotary for the purposes of Rule 121(a) (filing) on the date deposited in the United States mail, as shown on a U.S. Postal Service Form 3817 certificate of mailing. The certificate of mailing shall show the docket number of the matter in the appellate court below and shall be either enclosed with the petition or separately mailed to the Prothonotary.

   (3)  Upon actual receipt of the petition for allowance of appeal the Prothonotary of the Supreme Court shall immediately stamp it with the date of actual receipt. That date, or the date of earlier deposit in the United States mail as prescribed in this subdivision, shall constitute the date when allowance of appeal was sought, which date shall be shown on the docket. The Prothonotary of the Supreme Court shall immediately note the Supreme Court docket number upon the petition for allowance of appeal and give written notice of the docket number assignment in person or by first class mail to the prothonotary of the appellate court below who shall note on the docket that a petition for allowance of appeal has been filed to the petitioner and to the other persons named in the proof of service accompanying the petition.

   (4)  In a family fast track appeal, the Prothonotary of the Supreme Court shall stamp the petition for allowance of appeal with a ''Family Fast Track'' designation in red ink, advising the Supreme Court that the petition for allowance of appeal is a family fast track appeal.

*      *      *      *      *

Rule 1113. Time for Petitioning for Allowance of Appeal.

   (a)  General rule.--Except as otherwise prescribed by this rule[,]:

   (1)  [a] A petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within 30 days after the entry of the order of the Superior Court or the Commonwealth Court sought to be reviewed.

   (2)  If a timely application or reargument is filed in the Superior Court or Commonwealth Court by any party, the time for filing a petition for allowance of appeal for all parties shall run from the entry of the order denying reargument or from the entry of the decision on reargument, whether or not that decision amounts to a reaffirmation of the prior decision. Unless the Superior Court or the Commonwealth Court acts on the application for reargument within 60 days after it is filed the court shall no longer consider the application, it shall be deemed to have been denied and the prothonotary of the appellate court shall forthwith enter an order denying the application and shall immediately give written notice in person or by first class mail of entry of the order denying the application to each party who has appeared in the appellate court. A petition for allowance of appeal filed before the disposition of such an application for reargument shall have no effect. A new petition for allowance of appeal must be filed within the prescribed time measured from the entry of the order denying or otherwise disposing of such an application for reargument.

*      *      *      *      *

   (d)  Family fast track appeals.--In a family fast track appeal:

   (1)  A petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within 21 days after the entry of the order of the Superior Court sought to be reviewed.

   (2)  If a timely application or reargument is filed in the Superior Court by any party, the time for filing a petition for allowance of appeal for all parties shall run from the entry of the order denying reargument or from the entry of the decision on reargument, whether or not that decision amounts to a reaffirmation of the prior decision. Unless the Superior Court acts on the application for reargument within 45 days after it is filed the Superior Court shall no longer consider the application, it shall be deemed to have been denied and the prothonotary of the Superior Court shall forthwith enter an order denying the application and shall immediately give written notice in person or by first class mail of entry of the order denying the application to each party who has appeared in the Superior Court. A petition for allowance of appeal filed before the disposition of such an application for reargument shall have no effect. A new petition for allowance of appeal must be filed within the prescribed time measured from the entry of the order denying or otherwise disposing of such an application for reargument.

*      *      *      *      *

Rule 1116. Brief in Opposition to Petition.

   (a)  General rule.--[Within] Except as otherwise prescribed by this rule, within 14 days after service of a petition for allowance of appeal an adverse party may file a brief in opposition. The brief in opposition need not be set forth in numbered paragraphs in the manner of a pleading, shall set forth any procedural, substantive or other argument or ground why the order involved should not be reviewed by the Supreme Court and shall comply with Rule 1115(a)(7) (content of petition for allowance of appeal.). No separate motion to dismiss a petition for allowance of appeal will be received. A party entitled to file a brief in opposition under this rule who does not intend to do so shall, within the time fixed by these rules for filing a brief in opposition, file a letter stating that a brief in opposition to the petition for allowance of appeal will not be filed. The failure to file a brief in opposition will not be construed as concurrence in the request for allowance of appeal.

   (b)  Family fast track appeals.--In a family fast track appeal, within 10 days after service of a petition for allowance of appeal, an adverse party may file a brief in opposition.

*      *      *      *      *

Rule 1123. Denial of Appeal; Reconsideration.

*      *      *      *      *

   (b)  Reconsideration. Applications for reconsideration of denial of allowance of appeal are not favored and will be considered only in the most extraordinary circumstances. An application for reconsideration of denial of a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within fourteen days after entry of the order denying the petition for allowance of appeal. In a family fast track appeal, the application for reconsideration of denial of a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within 7 days after entry of the order denying the petition for allowance of appeal. Any application filed under this subdivision must:

*      *      *      *      *

CHAPTER 19. PREPARATION AND TRANSIMISSION OF RECORD AND RELATED MATTERS

RECORD ON APPEAL FROM LOWER COURT

Rule 1925. Opinion is Support of Order.

   (a)   General rule.--[Upon] Except as otherwise prescribed by this rule, upon receipt of the notice of appeal, the judge who entered the order giving rise to the notice of appeal, if the reasons for the order do not already appear of record, shall forthwith file of record at least a brief opinion of the reasons for the order, or for the rulings or other errors complained of, or shall specify in writing the place in the record where such reasons may be found.

*      *      *      *      *

   (e)  Family fast track appeals.--In a family fast track appeal:

   (1)  Upon receipt of the notice of appeal and the concise statement of errors complained of on appeal required by Rule 905(a)(2), the judge who entered the order giving rise to the notice of appeal, if the reasons for the order do not already appear of record, shall within 14 days file of record at least a brief opinion of the reasons for the order, or for the rulings or other errors complained of, or shall specify in writing the place in the record where such reasons may be found.

   (2)  The concise statement of errors complained of on appeal shall be filed and served with the notice of appeal required by Rule 905. See Pa.R.A.P. 905(a)(2).

*      *      *      *      *

Rule 1931. Transmission of the Record.

   (a)  Time for transmission.--[The] Except as otherwise prescribed by this rule, the record on appeal, including the transcript and exhibits necessary for the determination of the appeal, shall be transmitted to the appellate court within 60 days after the filing of the notice of appeal. If an appeal has been allowed or if permission to appeal has been granted, the record shall be transmitted as provided by Rule 1122 (allowance of appeal and transmission of record) or by Rule 1322 (permission to appeal and transmission of record), as the case may be. The appellate court may shorten or extend the time prescribed by this subdivision for a class or classes of cases.

*      *      *      *      *

   (f)  Family fast track appeals.--In a family fast track appeal, the record on appeal, including the transcript and exhibits necessary for the determination of the appeal, shall be transmitted to the appellate court within 30 days after the filing of the notice of appeal.

*      *      *      *      *

DISPOSTION WITHOUT REACHING THE MERITS

Rule 1972. Dispositions on Motion.

   (a)  Except as otherwise prescribed by this rule, [Subject] subject to Rule 123 (applications for relief), any party may move:

*      *      *      *      *

   (b)  In a family fast track appeal, a dispositive motion filed under Subdivisions (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 Rules 905(a)(2) and 1925(b), or within 10 days of the lower court's filing of a Rule 1925(e)(1) 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.

*      *      *      *      *

CHAPTER 21. BRIEFS AND REPRODUCED RECORD

CONTENT OF REPRODUCED RECORD

Rule 2154. Designation of Contents of Reproduced Record.

   (a)  General rule--Except when the appellant has elected to proceed under Subdivision (b) of this rule, or as otherwise provided in Subdivision (c) of this Rule, the appellant shall not later than 30 days before the date fixed by or pursuant to Rule 2185 (time for serving and filing briefs) for the filing of his brief, serve and file a designation of the parts of the record which he intends to reproduce and a brief statement of issues which he intends to present for review. If the appellee deems it necessary to direct the particular attention of the court to parts of the record not designated by the appellant, the appellee shall, within ten days after receipt of the designations of the appellant, serve and file a designation of those parts. The appellant shall include in the reproduced record the parts thus designated. In designating parts of the record for reproduction, the parties shall have regard for the fact that the entire record is always available to the court for reference and examination and shall not engage in unnecessary designation.

*      *      *      *      *

   (c)  Family fast track appeals.

   (1)  In a family fast track appeal, the appellant shall not later than 23 days before the date fixed by or pursuant to Rule 2185 (time for serving and filing briefs) for the filing of his brief, serve and file a designation of the parts of the record which he intends to reproduce and a brief statement of issues which he intends to present for review. If the appellee deems it necessary to direct the particular attention of the court to parts of the record not designated by the appellant, the appellee shall, within 7 days after receipt of the designations of the appellant, serve and file a designation of those parts. The appellant shall include in the reproduced record the parts thus designated. In designating parts of the record for reproduction, the parties shall have regard for the fact that the entire record is always available to the court for reference and examination and shall not engage in unnecessary designation.

   (2)  In a family fast track appeal, the provisions of Subdivision (b) shall not apply.

*      *      *      *      *

FORM OF BRIEFS AND REPRODUCED RECORD

Rule 2172. Covers.

*      *      *      *      *

   (b)  Family fast track appeals.--In a family fast track appeal, the front cover shall include a statement advising the appellate court that the appeal is a family fast track appeal.

   [(b)] (c)  Reproduced record.--If the reproduced record is bound separately, the cover thereof shall be the same as provided in Subdivision (a), except that in place of the information set forth in Paragraph (a)(4) of this rule there shall appear ''Reproduced Record'' or ''Supplemental Reproduced Record,'' as the case may be.

   [(c)] (d)  Repetition in body of document.--Unless expressly required by these rules, none of the material set forth in Subdivisions (a) and (b) shall be repeated in the brief or reproduced record.

   [(d)] (e)  Cover stock.--The covers of all briefs and reproduced records must be so light in color as to permit writing in ink thereon to be easily read and so firm in texture that the ink will not run.

*      *      *      *      *

FILING AND SERVICE

Rule 2185. Time for Serving and Filing Briefs.

   (a)  General Rule.--[The] Except as otherwise provided by this rule, the appellant shall serve appellant's brief not later than the date fixed pursuant to Subdivision (b) of this rule, or within 40 days after the date on which the record is filed, if no other date is so fixed. The appellee shall serve appellee's brief within 30 days after service of appellant's brief and reproduced record if proceeding under Rule 2154(a). A party may serve a reply brief permitted by these rules within 14 days after service of the preceding brief but, except for good cause shown, a reply brief must be served and filed so as to be received at least three days before argument. In cross appeals, the second brief of the deemed or designated appellant shall be served within 30 days of service of the deemed or designated appellee's first brief. Except as prescribed by Rule 2187(b) (advance text of briefs), each brief shall be filed not later than the last day fixed by or pursuant to this rule for its service.

*      *      *      *      *

   (d)  Family fast track appeals.

   (1)  In a family fast track appeal, the appellant shall serve appellant's brief within 30 days after the date on which the record is filed, if no other date is so fixed. The appellee shall serve appellee's brief within 20 days after service of appellant's brief and reproduced record. A party may serve a reply brief permitted by these rules within 7 days after service of the preceding brief but, except for good cause shown, a reply brief must be served and filed so as to be received at least three days before argument. In cross appeals, the second brief of the deemed or designated appellant shall be served within 20 days of service of the deemed or designated appellee's first brief.

   (2)  In a family fast track appeal, the provisions of Subdivisions (b) and (c) shall not apply.

*      *      *      *      *

CHAPTER 25. POST-SUBMISSION PROCEEDINGS

APPLICATION FOR REARGUMENT

Rule 2542. Time for Application for Reargument. Manner of Filing.

   (a)  Time.--[An] Except as otherwise prescribed by this rule, an application for reargument shall be filed with the prothonotary within 14 days after entry of the judgment or other order involved.

*      *      *      *      *

   (c)  Family fast track appeals.--In a family fast track appeal, an application for reargument shall be filed with the prothonotary within 7 days after entry of the judgment or other order involved.

*      *      *      *      *

Rule 2545. Answer in Opposition to Application.

   (a)  General rule.--[Within] Except as otherwise prescribed in Subdivision (b) of this rule, within 14 days after service of an application for reargument, an adverse party may file an answer in opposition. The answer in opposition need not be set forth in numbered paragraphs in the manner of a pleading. The answer shall set forth any procedural, substantive or other argument or ground why the court should not grant reargument. No separate motion to dismiss an application for reargument will be received. A party entitled to file an answer in opposition under this rule who does not intend to do so shall, within the time fixed by these rules for filing an answer in opposition, file a letter stating that an answer in opposition to the application for reargument will not be filed. The failure to file an answer in opposition will not be construed as concurrence in the request for reargument.

   (b)  Family fast track appeals.--In a family fast track appeal, within 7 days after service of an application for reargument, an adverse party may file an answer in opposition.

COMMITTEE REPORT

The Problem

   While timeliness is important in all court disputes, it is particularly important in cases involving the rights and interests of children--especially those who are involved in and forced to remain in unstable and sometimes violent circumstances. Because childhood is so short, time-wise, and children need stable and safe environments, it is critical that timely and efficient decision-making occurs by those who exercise legal decision making authority over children. This is especially so in cases involving custody, paternity, dependency, termination of parental rights and adoption.

   We observe that the Superior Court does operate a system wherein, among others, appeals involving custody, paternity, dependency, termination of parental rights and adoption are treated by the Court on a ''fast track'' basis (''family fast track''). The current family fast track system expedites these appeals once they arrive at the chambers of the judges of the Superior Court. This process, however, does not expedite the process from decision by the trial court until the appeal reaches the chambers of the Superior Court judges.

   After careful study, the Committee believes that a series of amendments to the appellate rules will improve case management throughout the entire appellate process (not just the time spent in the chambers of the Superior Court judges). These amendments are intended to facilitate a quicker addressing of these cases at the appellate stage with due and appropriate regard to meaningful appellate review and decision making.

The Process involved in Developing this Proposal

   The Pennsylvania Supreme Court created the Office of Children and Families in the Courts within the Administrative Office of Pennsylvania Courts in 2006. The mission of the Office of Children and Families in the Courts is to achieve more rapid placement of abused and neglected children in permanent homes. There are about 20,000 such children in the Commonwealth. Sandra Moore, Administrator of the Office of Children and Families in the Courts, provided substantial support to the Committee--initially by assisting the Committee in identifying the problem and subsequently in assisting the Committee in obtaining additional input from judges, advocates and child care professionals as to how best to address case management of appeals involving children as the appeals move from the trial courts to the appellate court and through the appellate process.

   Once the problem was identified, the Chair of the Committee, Superior Court Judge Maureen Lally-Green and Committee Member Frederick Frank, Esquire, were appointed as Co-Chairs of a subcommittee to address the feasibility and the mechanism for expediting certain appeals involving children. The subcommittee included representatives of the Appellate Court Procedural Rules Committee, the Domestic Relations Procedural Rules Committee, the Juvenile Procedural Rules Committee and the Orphans' Court Procedural Rules Committee. The Chairs of the subcommittee met with, and sought input from, the Administrative Judges in a number of judicial districts and the Juvenile Judges Section of the Conference of State Court Trial Judges. The Chairs also met with, and sought input from, members of the bar and the participants in several roundtables sponsored by the Office of Children and Families in the Courts. The subcommittee, with the assistance of Counsel, then drafted the attached Recommendation, which is now being published for review and comment.

Summary of Recommendation

   The Recommendation suggests the following amendments to the following Pennsylvania Rules of Appellate Procedure:

   *  Rule 102 (''Definitions'')--defining the term ''Family Fast Track Appeal'' as ''any appeal from an order involving dependency, termination of parental rights, adoptions, custody or paternity.''

   *  Rule 903 (''Time for Appeal'')--reducing the time for filing a notice of appeal in a family fast track appeal from 30 days to 21 days.

   *  Rule 904 (''Content of the Notice of Appeal'')--requiring that the notice of appeal in a family fast track appeal include a statement advising the appellate court that the appeal is a family fast track appeal.

   *  Rule 905 (''Filing of the Notice of Appeal'')--requiring that the concise statement of errors complained of on appeal as described in Rule 1925 be filed with the notice of appeal in a family fast track appeal and served in accordance with Rule 1925, and further requiring the clerk of the appellate court to stamp the notice of appeal with a family fast track designation in red ink.

   *  Rule 1112 (''Appeals by Allowance'')--requiring the clerk to stamp a petition for allowance of appeal filed in a family fast track appeal with a family fast track designation in red ink.

   *  Rule 1113 (''Time for Petitioning for Allowance of Appeal'')--reducing the time for filing a petition for allowance of appeal in a family fast track appeal from 30 days to 21 days; and reducing the time after which an application for reconsideration filed in the Superior Court in a family fast track appeal is deemed denied from 60 days to 45 days.

   *  Rule 1116 (''Brief in Opposition to Petition'')--reducing the time for filing a brief in opposition to a petition for allowance of appeal in a family fast track appeal from 14 days to 10 days.

   *  Rule 1123 (''Denial of Appeal; Reconsideration'')--reducing the time for filing an application for reconsideration of denial of a petition for allowance of appeal in a family fast track appeal from 14 days to 7 days.

   *  Rule 1925 (''Opinion in Support of Order'')--requiring the judge who entered the order giving rise to a family fast track appeal to file a opinion of the reasons for the order within 14 days of receipt of the notice of appeal and concise statement of errors complained of on appeal, if the reasons do not appear of record; and reiterating the requirement in Rule 905 that the concise statement of errors complained of on appeal as described in Rule 1925 be filed with the notice of appeal in a family fast track appeal and served in accordance with Rule 1925.

   *  Rule 1931 (''Transmission of the Record'')--reducing the time for the transfer of the record on appeal from the lower court to the appellate court after the filing of the notice of appeal in a family fast track appeal from 60 days to 30 days.

   *  Rule 1972 (''Dispositions on Motion'')--requiring that any dispositive motion in a family fast track appeal seeking to transfer to another appellate court, seeking to dismiss for failure to preserve question below or for having waived the right to appeal, or seeking to quash for any reason on the record other than mootness or lack of jurisdiction, be filed within 10 days of the filing of the statement of errors complained of on appeal, or the filing of the Rule 1925 opinion, whichever period expires last.

   *  Rule 2154 (''Designation of Contents of Reproduced Record'')--reducing the time for the appellant in a family fast track appeal to file a designation of the reproduced record from 40 days before the date fixed for the filing of the brief of the appellant to 23 days; reducing the time for the appellee to file a designation of the reproduced record after receipt of the appellant's designation from 10 days to 7 days; and eliminating the large record exception in a family fast track appeal.

   *  Rule 2172 (''Covers'')--requiring that the front covers of a brief and petition for allowance of appeal in a family fast track appeal include a statement advising the appellate court that the appeal is a family fast track appeal.

   *  Rule 2185 (''Time for Serving and Filing Briefs'')--reducing the time to file and serve the brief of the appellant in a family fast track appeal after the date on which the record is filed from 40 days to 30 days; reducing the time to file and serve the brief of the appellee from 30 days to 20 days; reducing the time to file and serve the reply brief from 14 days to 7 days; and reducing the time in cross appeals to file and serve the second brief of the deemed or designated appellant from 30 days to 20 days.

   *  Rule 2542 (''Time for Application for Reargument. Manner of Filing'')--reducing the time for filing an application for reargument in a family fast track appeal from 14 days to 7 days.

   *  Rule 2545 (''Answer in Opposition to Application'')--reducing the time for filing an answer to an application for reargument in a family fast track appeal from 14 days to 7 days.

[Pa.B. Doc. No. 08-1575. Filed for public inspection August 29, 2008, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.