Pa. Sup. Ct. Pro Se Guide 7

quashing or dismissing an appeal.

With the exception of an order involving the Pennsylvania Election Code

or Local Government Unit Debt Act (10 days), you must file your Petition for

Allowance of Appeal to the Supreme Court within thirty (30) days from the

entry of a Commonwealth Court or Superior Court final order or order denying

a timely filed reconsideration or reargument (Pa.R.A.P. 1113(a)).

Per Pa.R.A.P. 105(b), you may not file for an extension of time to file a

Petition for Allowance of Appeal. Therefore, if your 30-day deadline is

approaching it is important that you file your petition for allowance of appeal.

Other than the two exceptions listed below, your filing date is the date

your Petition for Allowance of Appeal is received by the Office of the

Prothonotary.

The first exception, is for incarcerated filers under the “Prisoner Mailbox

Rule.” See Pa.R.A.P. 121(f) (“A pro se filing submitted by a person incarcerated

in a correctional facility is deemed filed as of the date of the prison postmark or

the date the filing was delivered to the prison authorities for purposes of

mailing as documented by a properly executed prisoner cash slip or other

reasonably verifiable evidence.”).

The second exception, is to provide a U.S. Postal Service Form 3817,

which the Post Office will stamp with the date the pleading is mailed, or other

similar U.S. Postal Service form from which the date of deposit can be verified.

You should write the intermediate appellate court docket number on the Postal

Form 3817. See Pa.R.A.P. 1112(c)(2).

Time for Filing a Petition for

Allowance of Appeal

!

The time for filing a Petition for Allowance of Appeal does not run

from the date you receive a final order, but rather from the date

the intermediate appellate court files the order.

If you are unable to file a timely

Petition for Allowance of Appeal, your only Nunc Pro Tunc, n. Having

recourse, if you still wish for the Court to retroactive legal effect

review the merits of your case, would be to through a court's inherent

file for nunc pro tunc relief. In a Petition for power. - Black’s Law

Leave to File a Petition for Allowance of Dictionary 10th Edition

Appeal Nunc Pro Tunc you are only allowed

to make legal arguments about why you were not able to timely file. If the Court

grants you nunc pro tunc relief, you would then be able to make arguments

about the merits of your case in the form of a Petition for Allowance of Appeal.

Requirements of Petition for Allowance of Appeal (Checklist)

Cover Page* (see Pa.R.A.P. 1115(b), 2172(a)), that includes:

Court and District

Caption (should read, verbatim, that of the intermediate appellate court's caption

except parties becomes Petitioner and Respondent)

Type of filing

“Appeal From” Paragraph (containing docket number, decision, and date of decision of

intermediate court and lower court/agency)

Filer information (address and phone number, if available)

Table of Contents* (see Pa.R.A.P. 2174(a) - list the page number of all sections in your allocatur)

Table of Citations* (see Pa.R.A.P. 2174(a) - list, in alphabetical order, the short caption, citation and page

number of all cases cited in your allocatur)

Reference to the Opinions Below (see Pa.R.A.P. 1115(a)(1))

Text of the Order in Question (see Pa.R.A.P. 1115(a)(2) – type, verbatim, the portion of the order sought

to be reviewed and the date the order was entered)

Questions Presented for Review (see Pa.R.A.P. 1115(a)(3) – list the questions you would like the Court to

address. Generally, only questions set forth in your allocatur will be reviewed by the Court.)

A Statement of the Place of Raising or Preservation of the Issues (see Pa.R.A.P. 1115(a)(4) – appearing

immediately after the questions presented for review, the statement shall specify the stage of the proceedings

at which, and manner in which, the questions sought to be reviewed were raised in each proceeding below, the

method of raising those questions, and the way in which those questions were passed upon by each court below

with citations to the record, as required by Pa.R.A.P. 2117(c)).

Concise Statement of the Case (see Pa.R.A.P. 1115(a)(5) – state the facts of the case relevant to your

argument. The purpose of this section is to give the Court a clear, concise picture of your case.)

Concise Statement of Reasons Relied Upon for Allowance of Appeal (see Pa.R.A.P. 1115(a)(6) – this is the

argument portion of the allocatur. With accuracy, brevity, and clarity, provide the court with whatever is

essential to decide why the Court should allow appeal.)

Conclusion (briefly summarize your argument, sign, and date)

Opinions and Orders (Pa.R.A.P. 1115 (a)(7) Superior or Commonwealth Court Opinion/Order, Order denying

Reconsideration, if reconsideration was requested, and Trial Court/Agency Order and/or Pa.R.A.P. 1925(a)

Opinion)

Payment or In Forma Pauperis Papers*

Proof of Service* (see Pa.R.A.P. 121 and 122)

Less than 9,000 words (Opinions and Exhibits excluded)

Certificate of Compliance with Word Count (requirement waived if fewer than 20 pgs.)

Certificate of Compliance with the Public Access Policy*

* Please see the Formatting section of this manual for samples

Depending on the circumstances of your case, opposing parties will be

allowed to file an answer to a Petition for Allowance of Appeal within fourteen

or seventeen days from the date of service.

They are also allowed to file a letter stating they will not be filing an

answer. The failure of an opposing party to file an answer will not be

interpreted by the Court as agreement with your pleading (Pa.R.A.P. 1116(a)).

The Office of the Prothonotary will not compel the respondent to file an answer

addressing the issues raised in your allocatur.

After all answers are received, or the date for filing an answer has passed,

your papers will be forwarded to the full Court for review (Pa.R.A.P. 1121).

After your papers are forwarded to the Court, generally, you will not be able to

file any further pleadings without leave of court.

After your case is submitted you will be notified by first class mail of any

order entered by the Court.

Pa.R.A.P. 2501 – Post-submission Communications

(a) General rule. After the argument of a case has been concluded

or the case has been submitted, no brief, memorandum or letter

relating to the case shall be presented or submitted, either

directly or indirectly, to the court or any judge thereof, except

upon application or when expressly allowed at bar at the time of

argument.

Answering a Petition for Allowance of

Appeal

!

As the filer, it is your responsibility to alert t he Prothonotary’s

Office to any changes of address.

!

While you may contact the Office of the Prothonotary to check if

your case is still active, they cannot tell you when your case will

be decided.

If the Supreme Court issues an order denying your Petition for Allowance

of Appeal, the Prothonotary will send you a certified copy of the order via first

class mail, at your address of record. After th e denial of allocatur, t he only

pleading that you are allowed to file to challenge the denial order is an

Application for Reconsideration. Please k eep in mind that the Court has

reviewed your papers and arguments, so there is no need to file, and the Court

will not grant, a redundant argument in the form of an Application for

Reconsideration.

Pa.R.A.P. 1123(b) - Denial of Appeal; Reconsideration.

[Text intentionally omitted]

(b) Reconsideration. Applications for reconsideration of denial of allowance of

appeal are not favored and will be considered only in the most extraordinary

circumstances.

[…]

(1) Briefly and distinctly state grounds which are confined to intervening

circumstances of substantial or controlling effect.

[…]

No answer to an application for reconsideration will be received unless

requested by the Supreme Court. Second or subsequent applications for

reconsideration, and applications for reconsideration which are out of time

under this rule, will not be received.

Petition for Allowance of Appeal

Denied: Reconsideration

!

Generally, any question that is not presented for review in the

allocatur is considered waived.

If the Supreme Court issues an order granting your Petition for Allowance

of Appeal, the Prothonotary will send you a certified copy of the order via first

class mail at your address of record.

The Office of the Prothonotary will request the original record from the

court that is currently holding it. After the original record is received, the Office

of the Prothonotary will issue a briefing schedule, that will establish the due

dates of the Appellant’s Brief and notify all parties via first class mail. For help

in filing briefs, please see the Briefing the Issues section.

Petition for Allowance of Appeal

Granted

Appeals of Right and Granted Petitions

for Allowance of Appeal

Appeals of Right

Most commonly, the Supreme Court has exclusive jurisdiction of appeals

from any final order entered in any matter which was originally commenced in

the Commonwealth Court and was not an appeal of an order or decision from

another court, an agency that has an internal appeal unit (42 Pa.C.S. §723(a)),

or magisterial district judge. A final order is generally defined as an order that

disposes of all claims and of all parties (Pa.R.A.P. 341).

Generally, if your appeal originated from a Court of Common

! Pleas order or an agency that has its own appeal board of review,

the appropriate filing is a Petition for Allowance of Appeal.

If you have determined that your case falls under the statutory

requirements of an appeal as of right, you must file your Notice of Appeal and

Jurisdictional Statement with the Commonwealth Court or in the court in which

the order being appealed was filed. Failure to file your Notice of Appeal in the

appropriate Court may result in unnecessary delay.

The form of the Notice of Appeal is described in Pa.R.A.P. 904(a), and has

been altered below for this Court’s specific needs:

COMMONWEALTH COURT OF PENNSYLVANIA

John Doe, Appellant [Note: The order of parties in the caption

should be the same as the order in the

v. Commonwealth Court Pa.R.A.P. 904(b)]

C.D., Appellee

Commonwealth Ct. Docket No.: _______________

Notice of Appeal

Notice is hereby given that John Doe, Appellant above

named, hereby appeals to the Supreme Court of Pennsylvania

from the order entered in this matter on the _____ day of

__________, 20___. This order has been entered in the docket as

evidenced by the attached copy of the docket entry.

(S)______________________________

[Please attach a copy of John Doe and

(Address telephone

the Commonwealth

number) SCI Huntingdon - #FM-

Court’s docket entries to XXXX

the notice of appeal] 1120 Pike St.

P.O. Box 999

Huntingdon, PA 16652

In addition to your Notice of Appeal you must file a Jurisdictional

Statement (Pa.R.A.P. 909), in which you make a legal argument as to why the

Supreme Court of Pennsylvania has exclusive jurisdiction of the appeal.

Pa.R.A.P. 910 - Jurisdictional Statement. Content. Form.

(a) General rule. The jurisdictional statement required by Pa.R.A.P. 909

shall contain the following in the order set forth:

(1) A reference to the official and unofficial reports of the opinions

delivered in the courts below, if any, and if reported, the citation thereto.

Any unreported opinions shall be appended to the jurisdictional

statement;

(2) A statement of the basis, either by Act of Assembly or general rule, for

the jurisdiction of the Supreme Court or the cases believed to sustain that

jurisdiction;

(3) The text of the order in question, or the portions thereof sought to be

reviewed, and the date of its entry in the court. The order may be

appended to the statement;

(4) A concise statement of the procedural history of the case; and

(5) The questions presented for review, expressed in the terms and the

circumstances of the case but without unnecessary detail. The statement

of questions presented will be deemed to include every subsidiary question

fairly comprised therein. Only the questions set forth in the statement, or

fairly comprised therein will ordinarily be considered by the Court.

(b) Matters of form. The jurisdictional statement need not be set forth in

numbered paragraphs in the manner of a pleading. It shall be as short as

possible and shall not exceed 1000 words, excluding the appendix.

[Remaining text intentionally omitted]

Generally, any question that is not presented for review in the

! Jurisdictional Statement is considered waived at the briefing stage.

The Jurisdictional Statement is a brief statement of the issues in question

and the procedural history of the case. Only if the Court were to note probable

jurisdiction and issue a briefing schedule would you be able to make full and

complete legal arguments as to the merits of the questions you presented for

review in the jurisdictional statement.

As stated above, after the Court issues an order noting probable

jurisdiction, the Prothonotary’s office will request the original record from the

Court that possesses the record. After the Prothonotary’s office receives and

dockets the original record, a briefing schedule will be sent to your address of

record. The briefing schedule will set the due date for the Appellant’s brief –

the due dates for all remaining briefs will be determined by the date and

method of service.

Briefing the Issues

After a briefing schedule is issued, you will have a chance to fully brief the

issues that you feel are legally appropriate.

If you will be filing a Reproduced Record in your case, you must file a

Designation of Contents of Reproduced Record 30 days before the Appellant’s

brief is due (Pa.R.A.P. 2154). Your Reproduced Record should be filed in

accordance with Pa.R.A.P. 2152 and Pa.R.A.P. 2153.

If you are proceeding in forma pauperis or are otherwise exempt from

filing a Reproduced Record you may instead immediately focus on filing your

brief.

If the Court has reviewed the issues set forth in previous filings

! and limited the issues you should address in your briefs, please

limit your argument to those issues.

Requirements of Appellant’s Brief (Page 1 of 2)

Cover Page* (see Pa.R.A.P. 2172(a)), that includes:

Court and District

Caption (should read, verbatim, that of the intermediate appellate court's caption

with parties becoming Appellant and Appellee)

Type of filing (Appellant’s Brief)

“Appeal From” Paragraph (containing docket number, decision, and date of decision of

intermediate court and lower court/agency)

Filer information (address and phone number, if available)

Table of Contents* (see Pa.R.A.P. 2174(a) - list the page number of all sections in your

brief)

Table of Citations* (see Pa.R.A.P. 2174(b) - list, in alphabetical order, the short caption,

citation and page number of all cases cited in your brief)

Statement of jurisdiction (for more see Pa.R.A.P. 2114 - using statutory provision,

general rule, or caselaw precisely explain why the Court has jurisdiction)

Order or other determination in question (for more see Pa.R.A.P. 2115 – type, verbatim,

the portion of the order sought to be reviewed and the date the order was entered)

Statement of both the scope of review and the standard of review (for more see

Pa.R.A.P. 2111 –using statutory citation or caselaw explain what issues the Court has the

power to review and why)

Statement of the questions involved (for more see Pa.R.A.P. 2116 – as succinctly as

possible, state the questions being reviewed and the holdings of the lower courts. All

subsidiary questions will be deemed included; questions not presented will be considered

waived)

Statement of the case (for more see Pa.R.A.P. 2117 – chronologically, state as concisely

as possible the procedural history of this matter as well as any pertinent facts needed to

understand the case – no arguments should be made in this section. If waiver is an issue

please put the manner and date in which the issue was preserved for appeal)

Summary of argument (for more see Pa.R.A.P. 2118 – reduce your argument to its core

issues and concentrate your argument to a few paragraphs and no more than two pages)

Statement of the reasons to allow an appeal to challenge the discretionary aspects of a

sentence, if applicable (see Pa.R.A.P. 2111(a)(7))

* Please see the Formatting section of this manual for samples

(continued on next page) 1

Requirements of Appellant’s Brief (Page 2 of 2)

Argument (for more see Pa.R.A.P. 2119 - thoroughly examine the issues in your case

with as much statutory citation and caselaw as necessary. Each question should have its own

argument section and all authorities should be properly cited)

Conclusion (briefly summarize your argument, sign, and date)

Opinions and Orders (Pa.R.A.P. 2111(b) Superior or Commonwealth Court Opinion/Order,

Order denying Reconsideration, and Trial Court/Agency Order and/or Pa.R.A.P. 1925(a)

Opinion)

Pleadings – (Pa.R.A.P. 2111(c) – if you are not required to file a Reproduced Record,

please attach copies of pleadings that have already been entered into the record and are

necessary to make an educated decision about your case)

Proof of Service* (see Pa.R.A.P. 121 & 122)

Less than 14,000 words (Opinions and Exhibits excluded)

Certificate of Compliance with Word Count (requirement waived if fewer than 35 pgs.)

Formatting in compliance with Pa.R.A.P. 124*

Certificate of Compliance with the Public Access Policy*

Correct number of copies*

* Please see the Formatting section of this manual for samples

Requirements of Appellee’s Brief

Cover Page* (see Pa.R.A.P. 2172(a)), that includes:

Court and District

Caption (should read, verbatim, that of the intermediate appellate court's caption

except parties becomes Appellant and Appellee)

Type of filing (Appellee’s Brief)

“Appeal From” Paragraph (containing docket number, decision, and date of decision of

intermediate court and lower court/agency)

Filer information (address and phone number, if available)

Table of Contents* (see Pa.R.A.P. 2174(a) - list the page number of all sections in your

brief)

Table of Citations* (see Pa.R.A.P. 2174(b) - list, in alphabetical order, the short caption,

citation and page number of all cases cited in your brief)

Counter-statement of the questions involved, if desired (for more see Pa.R.A.P. 2116 – it

will be assumed that failure to provide a counter-statement means that Appellant’s statement

was sufficient and will remain unchallenged)

Counter-statement of the case, if desired (for more see Pa.R.A.P. 2117 – it will be

assumed that failure to provide a counter-statement means that Appellant’s statement was

sufficient and will remain unchallenged)

Summary of argument (for more see Pa.R.A.P. 2118 – reduce your argument to its core

issues and concentrate your argument to a few paragraphs and no more than two pages)

Argument (for more see Pa.R.A.P. 2119 – thoroughly examine the issues in this matter

with as much statutory citation and case law as necessary. Each question should have its own

argument section and all authorities should be properly cited)

Proof of Service* (see Pa.R.A.P. 121 & 122)

Less than 14,000 words (Opinions and Exhibits excluded)

Certificate of Compliance with Word Count (requirement waived if fewer than 35 pgs.)

Certificate of Compliance with the Public Access Policy*

Formatting in compliance with Pa.R.A.P. 124*

Correct number of copies*

* Please see the Formatting section of this manual for samples

Requirements of Appellant’s Reply Brief

Cover Page* (see Pa.R.A.P. 2172(a)), that includes:

Court and District

Caption (should read, verbatim, that of the intermediate appellate court's caption

except parties becomes Appellant and Appellee)

Type of filing (Appellant’s Reply Brief)

“Appeal From” Paragraph (containing docket number, decision, and date of decision of

intermediate court and lower court/agency)

Filer information (address and phone number, if available)

Table of Contents* (see Pa.R.A.P. 2174(a) - list the page number of all sections in your

brief)

Table of Citations* (see Pa.R.A.P. 2174(b) - list, in alphabetical order, the short caption,

citation and page number of all cases cited in your brief)

Summary of argument (for more see Pa.R.A.P. 2118 – reduce your argument to its core

issues and concentrate your argument to a few paragraphs and no more than two pages)

Argument (for more see Pa.R.A.P. 2119 – Appellant may address issues that were raised

by the Appellee or Amicus Curiae that were not previously addressed by the Appellant’s

principal brief. Reiterating points that were made in your principal brief is unnecessary.)

Proof of Service* (see Pa.R.A.P. 121 & 122)

Less than 7,000 words (Opinions and Exhibits excluded)

Certificate of Compliance with Word Count (requirement waived if fewer than 15 pgs.)

Certificate of Compliance with the Public Access Policy*

Formatting in compliance with Pa.R.A.P. 124*

Correct number of copies*

* Please see the Formatting section of this manual for samples

After all of the briefs have been filed and, depending on the procedural

nature and complexity of the issues, the Court may direct that the case should

be listed for oral argument o r may determine that it will decide the matter

based on the submitted briefs. However, argument is not automatic in appeals

of right, and if you believe oral argument is necessary you should file a formal

request for argument explaining why your case should be argued.

While you may have argued before an intermediate appellate co urt, it is

extremely rare that pro se litigants are allowed to argue before the Supreme

Court. You should make every effort to clearly explain your case and legal

argument in your briefs.

After the Court issues a decision, if you feel the Court overlooked or

misapprehended facts or law, you may file an Application for Reargument in

compliance with Chapter 25 of the Rules. As with a denied Petition for

Allowance of Appeal, Reargument is a matter of judicial discretion, so there is

no need to file, and the Court will not grant, a redundant argument in the form

of an Application for Reargument.

Deciding the Case and Reargument

!

Generally, any question that is not presented for review during

the briefing stage is considered waived.

Applications for Relief, Ancillary

Motions, and Invoking this Court’s

Original and Extraordinary

Jurisdiction

No filings in this section should be used to circumvent the

! appellate process or address issues that are better addressed by

a more-specific filing.

Applications for Relief and Ancillary

Motions

There are a number of petitions, applications, and motions that are

recognized by the Rules that you can file with the Supreme Court. The methods

for filing and the form that the papers are to take are specifically explained in

the rules that deal with your specific filing. However, if you believe that your

pleading is not addressed by the Rules you should consult Chapter 1 of the

Pennsylvania Rules of Appellate Procedure and file a motion under Pa.R.A.P.

123, Application for Relief.

An Application for Relief has the following characteristics:

Cover Page

Table of Contents, if necessary

Table of Citations, if necessary

Statement of Jurisdiction – explain why the Court has the

right to grant you relief

Argument – this may be in numbered paragraphs and

should clearly and concisely provide the procedural history,

all pertinent facts, and all legal argument necessary to make

an informed decision

Conclusion – with clarity and specificity state the relief that

you are requesting (failure to do so will constitute waiver

therof); sign and date

Exhibits – append any documents, pleadings, orders, and

opinions that are necessary for the Court to make an

informed decision

Proof of Service – serve all involved parties and provide this

office with proof of service in compliance with Pa.R.A.P. 121

& 122

Certificate of Compliance with the Public Access Policy

Original Jurisdiction: Mandamus,

Prohibition, and Habeas Corpus

The Supreme Court of Pennsylvania has original jurisdiction (not

exclusive jurisdiction) to issue writs of mandamus, prohibition, and habeas

corpus (42 Pa.C.S. §721). This means you may seek a writ of mandamus, writ

of prohibition, or a writ of habeas corpus directly from the Supreme Court of

Pennsylvania.

If you are filing for a writ of mandamus, writ of prohibition, or writ of

habeas corpus in the Court’s original jurisdiction, the writs cannot be ancillary

to matters within the appellate jurisdiction of the Supreme Court (Pa.R.A.P.

3307).

Generally, mandamus may be used only to compel official action.

Mandamus is appropriate relief only when you have a clear legal right, your

opposing party has a corresponding duty, and you have no other appropriate

and adequate remedy. All three conditions must be present before mandamus

is the appropriate relief. Mandamus differs from the remedy of prohibition in

that prohibition seeks to prohibit an inferior judicial tribunal from exercising

jurisdiction over matters that the inferior tribunal does not legally have

jurisdiction.

This means if you request a writ of mandamus, the relief you should be

seeking is to have the Supreme Court of Pennsylvania compel official action. If

you request a writ of prohibition you should be seeking to restrain or prevent

official action. Both pleadings require the caption to reflect the exact party or

parties against whom you are seeking relief.

In its broadest sense, habeas corpus is a writ whose function is to compel

the body of a person to be produced before the court for whatever may be

essential to the proper disposition of a case. A writ of habeas corpus is

applicable as a means to remedy an unlawful restraint upon a person’s liberty.

A writ of habeas corpus is appropriate when you are requesting that the

Supreme Court examine the legality of imprisonment imposed by an inferior

court.

While you may wish to file a grievance with the Court regarding the

manner in which your case is being handled by attempting to invoke this

Court’s original jurisdiction, you must make a thorough legal argument that

would compel the Court to issue a writ.

In many instances, relief sought by invoking the Court’s original

jurisdiction is best sought by filing another pleading at another stage in your

case’s procedural timeline. Seeking a writ when not appropriate may result in

considerable delay.

As with everything in this manual, the burden is with you to research and

determine your best course of action.

!

All Petitions for Writs must be accompanied by a separate

Application for Leave to File an Original Process (Pa.R.A.P.

3307).

!

You must reference the lower court docket number from the

case in which you are asking this Court to intervene on the

cover page of your Petition for Writ.

The Supreme Court of Pennsylvania also has extraordinary jurisdiction.

The Supreme Court, on its own motion or upon petition of any party, may

assume plenary jurisdiction in any mat ter pending before any court of the

Commonwealth of Pennsylvania involving an issue of immediate public

importance. The Court may then enter a final order or otherwise cause right

and justice to be done (42 Pa.C.S. §726). This means the Supreme Court of

Pennsylvania may assume jurisdiction of a case involving an issue of immediate

public importance.

Extraordinary Jurisdiction

!

If you cannot demonstrate your matter is actively pending

before an inferior jurisdiction or that it is an issue involving

immediate public importance, you may not invoke the Court’s

Extraordinary Jurisdiction.

!

If, after review, your Petition for Extraordinary Relief has been

determined to contain a request that should be made by invoking

the Court’s Original Jurisdiction, you may be asked to file a

separate Application for Leave to File an Original Process

(Pa.R.A.P. 3307) or amend your initial filing.

!

You must reference the lower court docket number, from the case

in which you are asking this Court to intervene on the cover page

of your Petition for Extraordinary Relief.

Section Five: Formatting, Number of

Copies, Fees and Deadlines for Filing

The information in this section is current and accurate as of the

! date listed on the cover page of this manual. As always, it is your

responsibility to find the most currently available information.

General Formatting Rules and

Samples

Formatting Rules

One of the principal tenets of the Rules of Appellate Procedure is that all

requests for relief must be formal in nature. In other words, the Court cannot

review a request written in a letter - a serious attempt must be made by the

filer to generate a formal pleading in compliance with the Rules. While a failure

to comply with the Rules explored in this

Fatal, adj. Providing

section is not necessarily fatal, violation may grounds for legal or logical

cause a delay in relief and an avoidable invalidity - Black’s Law

financial burden on the filers. Dictionary 10th Edition

Size and Quality of Paper:

Pa.R.A.P. 124 - Form of Documents. Number of Copies to be

Filed. (a) Size and other physical characteristics. All

documents filed in an appellate court shall be on 8½ inch by

11 inch pages and shall comply with the following

requirements:

(1) The documents shall be prepared on white background.

(2) The first page shall contain a three-inch space from the

top of the document for all court stampings, filing notices,

etc.

Font and Spacing

(3) Text must be double spaced, but quotations more than two

lines long may be indented and single spaced. Footnotes may be

single spaced. Except as provided in paragraph (a)(2), margins

must be at least one inch on all four sides.

(4) Lettering shall be clear and legible and no smaller than 14

point in the text and 12 point in footnotes. Lettering shall be on

only one side of a page, except that exhibits and similar

supporting documents, briefs and reproduced records may be

lettered on both sides of a page.

Note - Those without computer access may handwrite pleadings and copies or

use a typewriter that has font different from subsection (4), as long as that

writing is legible and the content is identical in each copy.

Binding

(5) Any metal fasteners or staples must be covered. Originals must

be unbound. Copies must be firmly bound.

Note - All filings, with the exception of those filings that are only a few pages and

the original copy of your pleading, must be bound down the left-hand side, so as

to open like a book.

(6) No backers shall be necessary.

Cover Page

With the exception of letters stating that no answer will be filed, all filings

in this Court must have a cover page, not to be confused with a cover letter. See

the sample cover page, on the next page, for help in generating your cover page.

Generally, the cover page consists of the following information:

Court and District (Pa.R.A.P. 2172(a)(1)

Centered, at the top of the cover page, the name of the Court and District in which you are

filing should be noted. Additionally, if this Court has assigned a docket number to your case

that should also be listed near the top of the cover page. Pa.R.A.P. 2172(2).

Caption (Pa.R.A.P. 2172(a)(3))

The purpose of the caption is to give the Court a listing of the parties involved.

When invoking the Court’s appellate or extraordinary jurisdiction the caption should be the

same as in the lower courts.

When invoking the Court’s original or exclusive jurisdiction all parties against whom you are

seeking relief should be listed and served.

Type of Filing (Pa.R.A.P. 2172(a)(4))

The exact title of the filing should be spelled out on the cover page

Appeal From Paragraph (Pa.R.A.P. 2172(a)(5))

The Appeal From Paragraph gives a brief synopsis of the procedural history of the case being

appealed. Generally, the Appeal From Paragraph is only necessary when you are attempting

to invoke the appellate jurisdiction of the Court. Please see the sample cover page for a

sample of the information contained in the Appeal From Paragraph.

Filer Information (Pa.R.A.P. 2172(a)(6))

Please include your full name and mailing address. Do not include the mailing address of

opposing parties.

Commonwealth of Pennsylvania,

Respondent

v.

John Doe,

Petitioner

Appeal from the Order of the Superior Court at XXX MDA 20XX, dated

January 9, 2011, affirming the Order of the Court of Common Pleas, York

County, at CP-XX-CR-XXXXXXX-2008, dated March 11, 2010.

In the Supreme Court of Pennsylvania

Middle District

Commonwealth of Pennsylvania,

Respondent

v.

John Doe,

Petitioner

PETITION FOR ALLOWANCE OF APPEAL

Appeal from the Order of the Superior Court at XXX MDA 20XX, dated

January 9, 2011, affirming the Order of the Court of Common Pleas, York

County, at CP-XX-CR-XXXXXXX-2008, dated March 11, 2010.

John Doe

SCI Huntingdon - #FM-XXXX

1120 Pike St.

P.O. Box 999

Huntingdon, PA 16652

Sample

Cover Page -

Yours Will be

Different

Table of Contents

Table of Contents

Table of Citations…………………………………………………………………………ii

Reference to the Opinions Delivered in the Courts Below………...1

Text of the Order in Question……………………………………………………..2

Questions Presented for Review………………………………………………….3

Statement of Place of Raising or Preservation the Issues …………4

Concise Statement of the Case…………………………………………………..5

Reasons Relied Upon for Allowance of Appeal…………………………..6

Conclusion…………………………………………………………….....................7

Opinion of the Superior Court…………………………………..Appendix A

Opinion of Court of Common Pleas…………………………..Appendix B

Sample Table of Contents -

Yours Will be Different

Table of Citations

If your pleading cites legal authority or statute, you must

! have a table of citations.

Table of Citations

Cases:

A. Corporation v. Anytown PA, 554 Pa. 234 (1992)………….…………9

Commonwealth v. Doe, 600 Pa. 200, 821 A.2d 334 (2004)..……..3

Doe v. Doe, 830 A.2d 1110 (Pa. 2006).……………………………………….4

Z. Corporation v. Nowhereville PA, 845 A.2d 595

(Pa.Super.2007)………………….7

[Notice that all cases are in alphabetical order]

Sample Table of Citations -

Yours Will be Different

The omission of the filing fee in a particular matter is the number one

cause of delay in pro se-filed cases each year. It is important that you

understand your financial obligation for filing in the Court.

Below you will see a list of the filing fees and required number of copies

for everything in this manual.

If you are unable to find your particular pleading below please contact

the Office of the Prothonotary.

For a list of all current fees, please see: Copy and Fee Requirements |

Supreme Court | Courts | Unified Judicial System of Pennsylvania

(pacourts.us)

Due to internal changes, the Prothonotary’s Offices have reduced the number of required copies for certain

pleadings, and the answers thereto, being filed with the Supreme Court (Pa.R.A.P. 105). With the exception

of pleadings being treated as emergencies, the numbers of required copies listed on this notice supersede

the Rules of Appellate Procedure.

Note: All originals should be unbound any additional copies should be bound, per

Pa.R.A.P. 124

In Forma Pauperis, In the manner

of an indigent who is permitted to

disregard filing fees and court costs -

Black’s Law Dictionary 10th Edition

Filing Fees, In Forma Pauperis Forms, and

Number of Copies

!

!

If you are unable to provide the filing fees listed please see the

forms and information regarding proceeding In Forma Pauperis,

below.

Appellate Jurisdiction:

Petitions for Allowance of Appeal

Petition or Cross-Petition for Allowance of Appeal original + 1 $91.25

Petition or Cross-Petition for Allowance of Appeal from a Unemployment Compensation

Board of Review (filed by an individual) original + 1 ----------

Answer/No Answer Letter original + 1 ----------

Application for Bail original + 1 ----------

Application for Stay original + 1 ----------

Application for Supersedeas original + 1 ----------

Application for Discontinuance original + 1 ----------

Motion for Remand of Record original + 1 ----------

Application for Reconsideration original + 1 $15.00

Petition for Leave to File a Petition for Allowance of Appeal Nunc Pro Tunc

original + 1 $71.25

Direct Appeals or Granted Petition for Allowance of Appeals

Notice of Appeal original ----------

Jurisdictional Statement original $91.25

Designation of Contents of Reproduced Record original + 1 ----------

Praecipe for Appearance original + 1 ----------

Motion to Withdraw as Counsel original + 1 ----------

Praecipe to Discontinue original + 1 ----------

1st Application for extension of time to file Briefs original + 1 ----------

2nd Application for extension of time to file Briefs original + 1 $10.00

3rd+ Application for extension of time to file Briefs original + 1 $25.00

Briefs (regardless of party type) original + 15 ----------

Reproduced Record 10 ----------

Reproduced Record (In Forma Pauperis) ---------- ----------

Application for Oral Argument original + 1 ----------

Application for Continuance original + 1 ----------

Motion to Discontinue original + 1 ----------

Application for Reconsideration original + 1 $15.00

Original Jurisdiction:

Application for Leave to File an Original Process original + 1 ----------

Petition for Writ of Mandamus original + 1 $71.25

Petition for Writ of Habeas Corpus original + 1 $71.25

Petition for Writ of Prohibition original + 1 $71.25

Extraordinary Jurisdiction/King’s Bench original + 1 $71.25

In Forma Pauperis Status

If you proceeded In Forma Pauperis in the Court below you should file a

Verified Statement in Support of Continued In Forma Pauperis Status.

Pa.R.A.P. 551 - Continuation of In Forma Pauperis Status for Purposes of

Appeal.

(a) General rule.—A party who has been granted leave by a trial court to

proceed in forma pauperis may proceed in forma pauperis in an appellate

court upon filing with the clerk of the trial court two copies of a verified

statement stating:

(1) The date on which the trial court entered the order granting leave to

proceed in forma pauperis.

(2) That there has been no substantial change in the financial condition of the

party since such date.

(3) That the party is unable to pay the fees and costs on appeal.

If you have not proceeded below In Forma Pauperis and your financial

condition has changed, you were denied In Forma Pauperis status below and

wish for the Court to review your financial conditions, or you are invoking this

Court’s original jurisdiction you should file papers in compliance with Pa.R.A.P.

553 and Pa.R.A.P. 561 (see below).

In the Supreme Court of Pennsylvania

Eastern/Middle/Western District [Clearly Circle]

_____________________________, Petitioner/Appellant

v.

_____________________________________________________________________,

Respondent(s)/Appellee(s)

Application for Leave to Proceed In Forma Pauperis

Pursuant to Pa.R.A.P. 553, Petitioner/Appellant requests this Honorable Court for leave

to proceed in forma pauperis.

As certified in the accompanying Verified Statement [Pa.R.A.P. 561],

Petitioner/Appellant is unable to retain counsel or to pay the costs of this proceeding.

_____________________________________ Date: ____________________

(Original Signature of Petitioner/Appellant)

__________________________, Pro Se

In the Supreme Court of Pennsylvania

Eastern/Middle/Western District [Clearly Circle]

_____________________________, Petitioner/Appellant

v.

_____________________________________________________________________,

Respondent(s)/Appellee(s)

IFP VERIFIED STATEMENT

_________________________, Petitioner/Appellant in the above-captioned matter,

(Name)

states under the penalties provided by 18 Pa.C.S. §4904 (unsworn falsification to

authorities) that:

1. I am the petitioner/appellant in the above action and because of my financial

condition I am incapable to pay the following fees and costs:

__________________________________________________________

__________________________________________________________

(ie… appellate filing fees, costs of reproducing records/briefs or filing of

supersedeas security if irreparable harm would result if not waived)

2. My responses to the questions below relating to my ability to pay the fees and costs

of prosecuting an appeal are true and correct.

a. Are you presently employed? Yes No

(1) If the answer is yes, state the amount of your salary or wages per month and

give the name and address of your employer.

Salary and wages per month $ _________________________________

Address of employer ____________________________________

____________________________________ 59

(2) If the answer is no, state the date of your last employment and the

amount of the salary and wages per month which you received.

Date of your Last employment __________________________________

Salary and wages per month $ __________________________________

b. Have you received within the past twelve months any income from a

business, profession or other form of self-employment, or in the form of

rent payments, interest, dividends, pension, annuities, Social Security

benefits, support payments or other source? Yes No

If the answer is yes, describe each source of income, and state the

amount received from each during the past twelve months.

Source of Income Amount Received (in dollars)

_____________________________ _______________________

_____________________________ _______________________

_____________________________ _______________________

c. Do you own any cash or checking or savings account? Yes No

If the answer is yes, state the total amount of items owned

___________________________________________________________

___________________________________________________________

d. Do you own any real estate, stocks, bonds, notes, automobiles, or other

valuable property (excluding ordinary household furnishings and clothing)?

Yes No

If the answer is yes, describe the property and state its approximate value and the

amount of any encumbrances.

Property Approximate Value (in dollars)

_____________________________ _______________________

_____________________________ _______________________

_____________________________ _______________________

_____________________________ _______________________

_____________________________ _______________________

(e) List the persons, if any, who are dependent upon you for support and state your

relationship to those persons.

___________________________________________________________

___________________________________________________________

___________________________________________________________

(f) List all your debts and obligations.

___________________________________________________________

___________________________________________________________

___________________________________________________________

3. I understand that a false statement or answer to any question in this verified

statement will subject me to the penalties provided by law (misdemeanor of the second

degree).

_____________________________________ Date: ____________________

(Original Signature of Petitioner/Appellant)

Proof of Service

Everything you file with the Office of the Prothonotary should

! be accompanied by a Proof of Service.

Under 18 Pa.C.S. §4904 a knowingly false proof of service

! constitutes a misdemeanor of the second degree.

Proof of Service

I hereby certify that I am this day serving the foregoing document upon the

persons and in the manner indicated below, which service satisfies the requirements of

Pa.R.A.P. 121:

Name: _______________________ Address: ___________________________

Representing: _________________ ___________________________

___________________________

Date Served: __________________ ___________________________

Method of Service:

First Class Mail/Commercial Carrier

Hand Deliver E-Mail (if applicable): ________________

E-Mail/Fax* Fax (if applicable): __________________

Name: _______________________ Address: ___________________________

Representing: _________________ ___________________________

___________________________

Date Served: __________________ ___________________________

Method of Service:

First Class Mail/Commercial Carrier

Hand Deliver E-Mail (if applicable): ________________

E-Mail/Fax* Fax (if applicable): __________________

Name: _______________________ Address: ___________________________

Representing: _________________ ___________________________

___________________________

Date Served: __________________ ___________________________

Method of Service:

First Class Mail/Commercial Carrier

Hand Deliver E-Mail (if applicable): ________________

E-Mail/Fax* Fax (if applicable): __________________

_____________________________________ Date: ___________________

(Original Signature of Filer)

Filer Information -

Address: _____________________ E-Mail (if applicable): _____________________

_____________________ Fax (if applicable): _______________________

_____________________

_____________________ Phone (if applicable): _____________________

*Note: By selecting E-Mail or Fax as a method of service, you are verifying that you and the

opposing party have an agreement that E-Mail or Fax is an acceptable method of service.

CERTIFICATE OF COMPLIANCE

I certify that this filing complies with the provisions of the Public Access Policy of the

Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that

require filing confidential information and documents differently than non-confidential

information and documents.

Submitted by:

(E.g., Appellant, Appellee, Petitioner, Respondent)

Signature:

Name:

Attorney No. (if applicable):

While all the obligations to the Court, as addressed in the Rules and in

this manual are important, your most important obligation to ensuring an

organized and efficient appellate review is to file in a timely manner.

In order to preserve the filing date as the date of mailing, a Petition for

Allowance of Appeal or Application for Reconsideration you must obtain a U.S.

Postal Form 3817 or other similar U.S. Postal Service form from which the date

of deposit can be verified. All other pleadings filed with the Office of the

Prothonotary can be preserved with an official U .S. Postmark. Inmate

Postmarks or Inmate Cash Slips can also be used to preserve the date for any

filing, as well.

On the next page, you will find a table that addresses the filing deadlines

for pleadings and responses addressed in Sections Two, Three, and Four of this

manual. Also, per Pa.R.A.P. 105, the Office of the Prothonotary may alter the

response date for any matter filed.

Deadlines for Filing and Preserving

Your Filing Date

!

Using a commercial carrier or a commercial postage machine

will not preserve your filing date.

!

When filing an emergency petition, you must make clear in your

pleading the exact date and consequences of failure of the Court

to act upon your pleading. While the Court reserves the right to

treat your pleading as an emergency, any pleading filed withou t

an exact date and sufficient reason for that date will not be

treated as an emergency.

Days to

Pleading File*

(Personal

Service/US Mail)

Petition for Allowance of Appeal 30**

Answer to Petition for Allowance of Appeal 14/17

Answer to Petition for Allowance of Appeal (Children’s Fast 10/13

Track)

Application for Reconsideration from denial of Petition for 14

Allowance of Appeal

Application for Reconsideration from denial of Petition for 7

Allowance of Appeal (Children’s Fast Track)

Notice of Appeal and Jurisdictional Statement 30**

Notice of Appeal and Jurisdictional Statement (from an order 10**

changing venue or venire, an order arising from the Pennsylvania

Election Code, or an order arising from the Local Government

Unit Debt Act – or similar statute.)

Answer to Jurisdictional Statement 14/17

Designation of Contents of Reproduced Record 30 (before the date of

Appellant’s Briefs)

Designation of Contents of Reproduced Record (Children’s Fast 23 (before the date of

Track) Appellant’s Briefs)

Appellant’s Brief Determined by

Prothonotary’s

Office

Appellee’s Briefs 30/33

Appellee’s Briefs (Children’s Fast Track) 21/24

Appellant’s Reply Brief(s) 14/17

Appellant’s Reply Brief(s) (Children’s Fast Track) 7/10

Application for Reargument 14

Application for Reargument (Children’s Fast Track) 7

Answer to Application for Reargument 14/17

Answer to Application for Reargument (Children’s Fast Track) 7/10

Applications for Relief, Ancillary Motions, and Pleadings Invoking ---------

this Court’s Original or Extraordinary Jurisdiction

Answers 14/17

Answers (Children’s Fast Track) 10/13

*All filing times are calculated by the date the Court Order was exited or the date

you were served by the opposing party – not the date you received the order or

pleading. You are only afforded an extra three days from the date of service if a

party serves you by first class mail; manner of service from a court does not affect

the filing deadline.

**The deadline for filing a Petition for Allowance of Appeal can only be extended

by the filing of a timely Application for Reconsideration in the intermediate court –

an Application for Reconsideration must be filed within fourteen days (seven on a

Children’s Fast Track). The timely filing of an Application for Reconsideration will

NOT extend the time for filing a Notice of Appeal and Jurisdictional Statement.