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210 Pa. Code Rule 741. Waiver of Objections to Jurisdiction.


Rule 741. Waiver of Objections to Jurisdiction.

 (a)  General Rule.—The failure of an appellee to file an objection to the jurisdiction of an appellate court on or prior to the last day under these rules for the filing of the record shall, unless the appellate court otherwise orders, operate to perfect the appellate jurisdiction of such appellate court, notwithstanding any provision of law vesting jurisdiction of such appeal in another appellate court.

 (b)  Exception.—Subdivision (a) shall not apply to any defect in the jurisdiction of an appellate court which arises out of:

   (1)  The failure to effect a filing within the time provided by these rules.

   (2)  An attempt to take an appeal from an interlocutory order which has not been made appealable by Rule 311 (interlocutory appeals as of right) or pursuant to Chapter 13 (interlocutory appeals by permission).

   Official Note

   Based on 42 Pa.C.S. §  704 (waiver of objection to jurisdiction). It is the intention of this rule that where a case is appealed to the wrong appellate court, only the court may require transfer after the briefing schedule has commenced. In view of Subdivision (b)(2), the practice in Gurnick v. Government Employees Ins. Co., 278 Pa. Super. 437, 420 A.2d 620 (1980) is disapproved.


   The provisions of this Rule 741 amended through April 26, 1982, effective September 12, 1982, 12 Pa.B. 1536. Immediately preceding text appears at serial page (39563).

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