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210 Pa. Code Rule 123. Application for Relief.

Rule 123. Application for Relief.

 (a)  Contents of applications for relief.—Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a written application for such order or relief with proof of service on all other parties. The application shall contain or be accompanied by any matter required by a specific provision of these rules governing such an application, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If an application is supported by briefs, verified statements, or other papers, they shall be served and filed with the application. An application may be made in the alternative and seek such alternative relief or action by the court as may be appropriate. All grounds for relief demanded shall be stated in the application and failure to state a ground shall constitute a waiver thereof. Except as otherwise prescribed by these rules, a request for more than one type of relief may be combined in the same application.

 (b)  Answer.—Any party may file an answer to an application within 14 days after service of the application, but applications under Chapter 17 (effect of appeals; supersedeas and stays), or for delay in remand of the record, may be acted upon after reasonable notice, unless the exigency of the case is such as to impel the court to dispense with such notice. The court may shorten or extend the time for answering any application. Answers shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized.

 (c)  Speaking applications.—An application or answer which sets forth facts which do not already appear of record shall be verified by some person having knowledge of the facts, except that the court, upon presentation of such an application or answer without a verified statement, may defer action pending the filing of a verified statement or it may in its discretion act upon it in the absence of a verified statement if the interests of justice so require.

 (d)  Oral argument.—Unless otherwise ordered by the court, oral argument will not be permitted on any application.

 (e)  Power of single judge to entertain applications.—In addition to the authority expressly conferred by these rules or by law or rule of court, a single judge of an appellate court may entertain and may grant or deny any request for relief which under these rules may properly be sought by application, except that an appellate court may provide by order or rule of court that any application or class of applications must be acted upon by the court. The action of a single judge may be reviewed by the court except for actions of a single judge under Pa.R.A.P. 3102(c)(2) (relating to quorum in Commonwealth Court in any election matter).

 (f)  Certificate of compliance with Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.—An application or answer filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127.

   Official Note

   The 1997 amendment precludes review by the Commonwealth Court of actions of a single judge in election matters.


   The provisions of this Rule 123 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended December 30, 1987, effective January 16, 1988 and shall govern all matters thereafter commenced and insofar as just and practicable, matters pending, 18 Pa.B. 245; amended July 7, 1997, effective in 60 days, 27 Pa.B. 3503; amended September 10, 2008, effective December 1, 2008, 38 Pa.B. 5257; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 461; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3517. Immediately preceding text appears at serial pages (389926) to (389927).

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