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210 Pa. Code Rule 909. Appeals to the Supreme Court. Jurisdictional Statement. Sanctions. Number of Copies to be Filed.

Rule 909. Appeals to the Supreme Court. Jurisdictional Statement. Sanctions. Number of Copies to be Filed.

 (a)  General rule.—Upon filing a notice of appeal to the Supreme Court, the appellant shall file with the prothonotary or clerk of the trial court an original and 8 copies of a jurisdictional statement. The statement shall be in the form prescribed by Pa.R.A.P. 910(a) and (b). No statement need be filed in cases arising under Pa.R.A.P. 1941 (Review of Death Sentences).

 (b)  Answer.—Within 14 days after service of a jurisdictional statement, an adverse party may file with the Prothonotary of the Supreme Court an answer thereto in the form prescribed by Pa.R.A.P. 911. The answer shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized. No separate motion to dismiss a jurisdictional statement will be received. A party entitled to file an answer who does not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter stating that an answer to the jurisdictional statement will not be filed. The failure to file an answer will not be construed as concurrence in the jurisdictional statement.

 (c)  Action by the Supreme Court.—After consideration of the jurisdictional statement and the brief in opposition thereto, if any, the Court will enter an appropriate order which may include summary dismissal for lack of subject matter jurisdiction. If the Supreme Court in its order notes probable jurisdiction or postpones consideration of jurisdiction to the hearing on the merits, the Prothonotary of the Supreme Court forthwith shall notify the court below and the attorneys of record of the noting or postponement, and the case will then stand for briefing and oral argument. In such case, the parties shall address the question of jurisdiction at the outset of their briefs and oral arguments.

 (d)  Sanctions.—If the court finds that the parties have not complied with Pa.R.A.P. 909—911, it may impose appropriate sanctions including but not limited to dismissal of the action, imposition of costs or disciplinary sanction upon the attorneys.

 (e) Number of copies to be filed.—To determine the number of copies to be filed, see Pa.R.A.P. 124(c) and its Official Note.

Source

   The provisions of this Rule 909 adopted December 10, 1986, 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 December 30, 1987, effective January 16, 1988 and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 18 Pa.B. 245. This Rule 909 is suspended with respect to death penalty cases until further notice; amended September 10, 2008, effective December 1, 2008, 38 Pa.B. 5257; amended October 28, 2021, effective April 1, 2022, 51 Pa.B. 7050 Immediately preceding text appears at serial pages (403239) to (403240).



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