Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article II - APPELLATE PROCEDURE
Chapter 25 - POST-SUBMISSION PROCEEDINGS
APPLICATION FOR REARGUMENT
Rule 2544 - Contents of Application for Reargument

Universal Citation: 210 PA Code ยง 2544

Current through Register Vol. 54, No. 52, December 28, 2024

(a) General rule.-The application for reargument 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 reference to the order in question, or the portions thereof sought to be reargued, and the date of its entry in the appellate court. If the order is voluminous, it may, if more convenient, be appended to the application.

(2) A specification with particularity of the points of law or fact supposed to have been overlooked or misapprehended by the court.

(3) A concise statement of the reasons relied upon for allowance of reargument. See Pa.R.A.P. 2543 (considerations governing allowance of reargument).

(4) There shall be appended to the application a copy of any opinions delivered relating to the order with respect to which reargument is sought, and, if reference thereto is necessary to ascertain the grounds of the application for reargument, slip opinions in related cases. If whatever is required by this paragraph to be appended to the application is voluminous, it may, if more convenient, be separately presented.

(b) No supporting brief.-All contentions in support of an application for reargument shall be set forth in the body of the application as prescribed by paragraph (a)(3) of this rule. No separate brief in support of an application for reargument will be received, and the prothonotary of the appellate court will refuse to file any application for reargument to which is annexed or appended any supporting brief.

(c) Length.-Except by permission of the court, an application for reargument shall not exceed 3,000 words, exclusive of pages containing table of contents, table of citations and any addendum containing opinions, etc., or any other similar supplementary matter provided for by this rule.

(d) Certificate of compliance.

(1) Word count.-An application for reargument that does not exceed 8 pages when produced on a word processor or typewriter shall be deemed to meet the limitation in paragraph (c) of this rule. In all other cases, the attorney or unrepresented filing party shall include a certification that the application for reargument complies with the word count limits. The certificate may be based on the word count of the word processing system used to prepare the application for reargument.

(2) Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.-An application for reargument shall contain the certificate of compliance required by Pa.R.A.P. 127.

(e) Essential requisites of application.-The failure of an applicant to present with accuracy, brevity, and clearness whatever is essential to a ready and adequate understanding of the points requiring reconsideration will be a sufficient reason for denying the application.

(f) Multiple applicants.-Where permitted by Pa.R.A.P. 512 (joint appeals) a single application for reargument may be filed.

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