Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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210 Pa. Code Rule 905. Filing of Notice of 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 Pa.R.A.P. 906, shall be filed with the clerk of the trial court. If the appeal is to the Supreme Court, the jurisdictional statement required by Pa.R.A.P. 909 shall also be filed with the clerk of the trial court.

   (2)  If the appeal is a children’s fast track appeal, a concise statement of errors complained of on appeal as described in Pa.R.A.P. 1925(a)(2) shall be filed with the notice of appeal and served on the trial judge in accordance with Pa.R.A.P. 906(a)(2).

   (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 and all attachments, as well as a receipt showing collection of any docketing fee in the appellate court required under paragraph (c). If the appeal is a children’s fast track appeal, the clerk shall stamp the notice of appeal with a ‘‘Children’s Fast Track’’ designation in red ink, advising the appellate court that the appeal is a children’s fast track appeal, and the clerk shall also 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 subparagraph (a)(2) of this rule. The clerk shall also transmit with such documents:

   (1)  copies of all orders for transcripts relating to orders on appeal;

   (2)  a copy of any verified statement, application, or other document filed under Pa.R.A.P. 551-561 relating to in forma pauperis; and

   (3)  if the appeal is to the Supreme Court, the jurisdictional statement required by Pa.R.A.P. 909.

 (c)  Fees.—The appellant upon filing the notice of appeal shall pay any fees therefor (including docketing fees in the appellate court) prescribed by Chapter 27.

   Official Note

   To preserve a mailing date as the filing date for an appeal as of right from an order of the Commonwealth Court, see Pa.R.A.P. 1101(b).

   To determine the number of copies to be filed, see Pa.R.A.P. 124(c) and its Official Note. The appellate court portion of the filing fee will be transmitted pursuant to regulations adopted under 42 Pa.C.S. §  3502.

Source

   The provisions of this Rule 905 amended through December 10, 1987, effective January 31, 1987, and shall govern all matters thereafter commenced and, insofar as just and practicable matters then pending, 16 Pa.B. 4951; amended September 10, 2008, effective December 1, 2008, 38 Pa.B. 5257; amended January 13, 2009, 39 Pa.B. 1094, effective as to all appeals filed 60 days or more after adoption; amended June 24, 2019, effective October 1, 2019, 49 Pa.B. 3867; amended October 28, 2021, effective April 1, 2022, 51 Pa.B. 7050. Immediately preceding text appears at serial pages (403236) to (403237).



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