In Re: Order Amending Rule 311, 341, and 904 of the Pennsylvania Rules of Appellate Procedure

Summary

This document sets out amendments to Pennsylvania Rules of Appellate Procedure 311, 341, and 904. The amendments address interlocutory appeals as of right, final orders, waiver of objections, Commonwealth appeals in criminal cases, and related appellate procedures.

Holdings

1. Pa.R.A.P. 311 permits an appeal as of right from the specified classes of interlocutory orders, including orders affecting judgments, certain property-control matters, changes of criminal venue or venire, specified injunction orders, peremptory mandamus judgments, new-trial orders, partition orders, orders made appealable by statute or general rule, certain venue or jurisdiction orders, venue transfers or forum-non-conveniens orders, specified Commonwealth criminal appeals, eminent-domain orders, and administrative-remand orders.
2. Failure to appeal an immediately appealable interlocutory order does not generally waive objections, except for the categories identified in Pa.R.A.P. 311(g), including certain venue or jurisdiction orders, eminent-domain orders, and interlocutory orders refusing to compel arbitration.
3. Under Pa.R.A.P. 341, a final order generally disposes of all claims and all parties, or is entered as a final order under paragraph (c); an order resolving fewer than all claims or parties is not final absent an express determination that immediate appeal would facilitate resolution of the entire case.
4. A notice of appeal must state the parties as they appeared below, include the required transcript request or counsel statement, state that the appealed order was entered on the docket, and attach a copy of the docket entry; specified additional certifications or statements are required in criminal and children's fast-track appeals.

Questions Presented

1. Which interlocutory orders may be appealed as of right under Pa.R.A.P. 311?
2. How should final orders and orders disposing of fewer than all claims or parties be defined and certified under Pa.R.A.P. 341?
3. When does failure to take an immediate appeal from an interlocutory order waive objections to that order?
4. What information must be included in a notice of appeal under Pa.R.A.P. 904?

Disposition

other