Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General rule.-The
petition for permission to appeal need not be set forth in numbered paragraphs
in the manner of a pleading, and shall contain the following (which shall,
insofar as practicable, be set forth in the order stated):
(1) A statement of the basis for the
jurisdiction of the appellate court.
(2) The text of the order in question, or the
portions thereof sought to be reviewed, the text of any order ruling on any
subsequent request for certification, and the date of their entry in the trial
court or other government unit. If the order(s) are voluminous, it may, if more
convenient, be appended to the petition.
(3) A concise statement of the case
containing the facts necessary to an understanding of the basis for the order
of the trial court or other government unit.
(4) The proposed questions presented for
review, expressed in the terms and 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 petition, or fairly comprised therein, will ordinarily be
considered by the court in the event permission to appeal is granted.
(5) A concise statement of the reasons for an
immediate appeal:
(i) For a petition for
permission to appeal an order certified pursuant to
42 Pa.C.S. §
702(b), a statement of the
reasons why the order involves a controlling question of law as to which there
is a substantial ground for difference of opinion and that an appeal from the
order may materially advance the ultimate termination of the matter;
(ii) For a petition for permission to appeal
an order for which certification pursuant to
42 Pa.C.S. §
702(b) was denied or deemed
denied, a statement of reasons why the order involves a controlling question of
law as to which there is substantial ground for difference of opinion, that an
appeal from the order may materially advance the ultimate termination of the
matter, and why the refusal of certification was an abuse of the trial court's
or other government unit's discretion that is so egregious as to justify
prerogative appellate correction;
(iii) For a petition for permission to appeal
an order for which certification pursuant to Pa.R.A.P. 341(c) was denied or
deemed denied, the petition must contain a statement of reasons why an
immediate appeal would facilitate resolution of the entire case and why the
refusal of certification was an abuse of the trial court's or other government
unit's discretion that is so egregious as to justify prerogative appellate
correction;
(iv) For a petition for
permission to appeal pursuant to Pa.R.A.P. 1311(a)(3), the petition must set
forth why the claim of double jeopardy is colorable.
(6) There shall be appended to the petition a
copy of any opinions delivered relating to the order sought to be reviewed, as
well as all opinions of trial courts or other government units in the case,
and, if reference thereto is necessary to ascertain the grounds of the order,
opinions in companion cases. If whatever is required by this paragraph to be
appended to the petition is voluminous, it may, if more convenient, be
separately presented.
(7) There
shall be appended to the petition the verbatim texts of the pertinent
provisions of constitutional provisions, statutes, ordinances, regulations, or
other similar enactments which the case involves, and the citation to the
volume and page where they are published, including the official edition, if
any.
(8) The certificate of
compliance required by Pa.R.A.P. 127.
(b)
Caption and parties.-All
parties to the proceeding in the trial court or other government unit other
than petitioner shall be named as respondents, but respondents who support the
position of the petitioner shall meet the time schedule for filing papers which
is prescribed in this chapter for the petitioner, except that any response by
such respondents to the petition shall be filed as promptly as possible after
receipt of the petition.
(c)
No supporting brief.-All contentions in support of a petition
for permission to appeal shall be set forth in the body of the petition as
prescribed under subparagraph (a)(5). Neither the briefs below nor any separate
brief in support of a petition for permission to appeal will be received, and
the prothonotary of the appellate court will refuse to file any petition for
permission to appeal to which is annexed or appended any brief below or
supporting brief.
(d)
Essential requisites of petition.-The failure of a petitioner
to present with accuracy, brevity, and clearness whatever is essential to a
ready and adequate understanding of the points requiring consideration will be
a sufficient reason for denying the petition.
(e)
Multiple
petitioners.-Where permitted by Pa.R.A.P. 512, multiple petitioners
may file a single petition for permission to appeal.
