Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article II - APPELLATE PROCEDURE
Chapter 15 - JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS
PETITION FOR REVIEW
Rule 1513 - Petition for Review

Universal Citation: 210 PA Code ยง 1513

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Caption and parties on appeal.-In an appellate jurisdiction petition for review, the aggrieved party or person shall be named as the petitioner. Unless the government unit is disinterested, the government unit and no one else shall be named as the respondent. If the government unit is disinterested, all real parties in interest shall be named as respondents and the disinterested government unit shall be identified in parentheses after the respondents in the caption.

(b) Caption and parties in original jurisdiction actions.-The government unit and any other indispensable party shall be named as respondents. Where a public act or duty is required to be performed by a government unit, it is sufficient to name the government unit, and not its individual members, as respondent.

(c) Form.-Any petition for review shall be divided into consecutively numbered paragraphs. Each paragraph shall contain, as nearly as possible, a single allegation of fact or other statement.

(d) Content of appellate jurisdiction petition for review.-An appellate jurisdiction petition for review shall contain the following:

(1) a statement of the basis for the jurisdiction of the court;

(2) the name of the party or person seeking review;

(3) the name of the government unit that made the order or other determination sought to be reviewed;

(4) reference to the order or other determination sought to be reviewed, including the date the order or other determination was entered;

(5) a general statement of the objections to the order or other determination, but the omission of an issue from the statement shall not be the basis for a finding of waiver if the court is able to address the issue based on the certified record;

(6) a short statement of the relief sought;

(7) a copy of the order or other determination to be reviewed, which shall be attached to the petition for review as an exhibit; and

(8) the certificate of compliance required by Pa.R.A.P. 127.

No notice to plead or verification is necessary.

Where there were other parties to the proceedings conducted by the government unit, and such parties are not named in the caption of the petition for review, the petition for review shall also contain a notice to participate, which shall provide substantially as follows:

If you intend to participate in this proceeding in the (Supreme, Superior, or Commonwealth, as appropriate) Court, you must serve and file a notice of intervention under Pa.R.A.P. 1531 within 30 days.

(e) Content of original jurisdiction petition for review.-A petition for review addressed to an appellate court's original jurisdiction shall contain the following:

(1) a statement of the basis for the jurisdiction of the court;

(2) the name of the person or party seeking relief;

(3) the name of the government unit whose action or inaction is in issue and any other indispensable party;

(4) a general statement of the material facts upon which the cause of action is based;

(5) a short statement of the relief sought;

(6) a notice to plead and verification either by oath or affirmation or by verified statement; and

(7) the certificate of compliance required by Pa.R.A.P. 127.

(f) Alternative objections.-Objections to a determination of a government unit and the related relief sought may be stated in the alternative, and relief of several different types may be requested.

Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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