*NOTE*       An original and 3 copies of a petition should be filed in an appeal that has been assigned to a panel.

[View/Download fee schedule in PDF]

---

How much time do I have to file …

• Briefs - The Prothonotary’s Office will inform you of the time requirements applicable in your case in a briefing notice. In the typical appeal, appellant’s brief is due 40 days after the record is received by the Prothonotary. Appellee’s brief is due 30 days after appellant’s brief is served. The reply brief, if any, is due 14 days after service of appellee’s brief. Pa.R.A.P. 2113, 2185.
  
• Reproduced Record - A reproduced record must be filed on the same day a brief is due and served on the opposing party, except when the record is large and the appellant is proceeding under Pa.R.A.P. 2154(b), in which case the reproduced record is due 21 days from the date of service of the appellee’s brief. Pa.R.A.P. 2186
  
• Petitions for Reconsideration or Reargument En Banc - A petition for reconsideration or reargument must be filed within 14 days after entry of judgment. Pa.R.A.P. 2542.
  
• Extension of Time - If you need an extension of time in which to file your brief and/or reproduced record, you must request the extension, before the due date, by filing a motion for extension of time with the Prothonotary. Failure to file a brief when due or to request an extension may result in dismissal of the appeal for failure to timely pursue the appeal.
  

---

How many copies do I file of …

• Briefs - Unless you have been granted leave to file fewer copies, you must file an unbound original and six bound copies (total of seven) of your brief. Pa.R.A.P. 2187. You must serve the brief on each opposing party and file a certificate of service. Pa.R.A.P. 121.
  
• Reproduced Records - Unless you have been granted leave to file fewer copies or are proceeding in forma pauperis, you must file an unbound original and three bound copies (total of four) of the reproduced record. Pa.R.A.P. 2187. You must serve the reproduced record on each opposing party and file a certificate of service. Pa.R.A.P. 121. See the section on CD submission below.
  
• Applications & Motions - You must send an original and three copies (total of four) of any motion, except those listed below, to the Prothonotary, with a certificate of service. Pa.R.A.P. 124.
  
• Motions to Quash or Dismiss - You must send an original and six copies (total of seven) of a motion to quash or dismiss, with a certificate of service.
  
• Motions for Extension of Time - You must send an original and one copy (total of two) of a motion for extension of time, with a certificate of service.
  
• Petition for Reconsideration or Reargument En Banc - An original and 23 copies must be filed; you must serve all opposing parties. If you are proceeding in forma pauperis you must still file an original and 23 copies.
  

---

How to submit a brief and reproduced record on CD?   NEW - April 18, 2011

• One additional copy of each brief and reproduced record in separate PDF (preferred) or multi-page TIFF documents would be appreciated. No executables or other files shall be included.
• Files shall be written to a standard CD-R/RW or DVD+/- R/RWdisc and then finalized to "close" the disc.
  (These media types are all writable from any standard PC or MAC writable optical drive)
• Files should be electronically converted (preferred) or scanned at 200dpi, black & white.
• Do not label discs with mailing labels, or other partial-coverage labels. Discs shall be labeled only with the following methods:
  • an inkjet printer or Lightscribe drive directly on the disc (on appropriate media), or
  • a printed, full coverage, adhesive disc label specifically made for labeling discs, or
  • clearly hand-written on the "label" side of the disc with permanent marker.
• Disc labeling shall include: Superior Court docket number, the party name the documents relate to, and the documents included. 

---

What are the basics of motion practice?

There are generally two types of motions. There are motions in which the requesting party asks the Court to quash or dismiss an appeal based upon a procedural or jurisdictional defect.

There are also ancillary motions in which the requesting party asks the Court to make a ruling not directly concerning the merits of the appeal. These include motions for extension of time, motions to file fewer copies of briefs, and motions for bail.

The Superior Court will not entertain several types of motions. Motions asking for the same relief that is sought in the briefs are automatically denied. For example, if in your appeal you seek to have the criminal charges against you dismissed and be discharged from prison, you may not file a motion requesting the same relief.

In addition, this Court will generally only consider motions if there is an appeal pending in this Court. For example, if there is no Superior Court appeal pending, the Court will not entertain motions for mandamus, motions for prohibition and petitions for habeas corpus. See Municipal Publications v. Court of Common Pleas, 507 Pa. 194, 489 A.2d 1286 (1985). If no appeal is pending in the Superior Court and you file one of these motions, it will automatically be denied.

---

How is my case decided?

Once all briefs have been filed (appellant’s and appellee’s), your case will be placed on either an argument or a submission list. Cases that were ready before yours will be sent by the Prothonotary to the Court first.

The judges will very carefully analyze the lower court records, briefs, and appendices in your case. Argument before the Court is not a right. If the Court does hear oral argument, you will be notified by the Prothonotary at least 30 days in advance. Otherwise, the case is considered only on the record and briefs. Three judges will decide your case, applying the appropriate legal standards. Note: It is inappropriate to contact the judges directly. Direct all correspondence to the Prothonotary’s Office.

---

Will there be an opinion?

The Superior Court will write an opinion or memorandum deciding appeals in the majority of cases. However, there is no right to an opinion and panels will occasionally decide appeals by judgment order which will indicate the caselaw upon which the panel based its decision. If the panel members agree unanimously that the trial court decision was not clearly erroneous, that a jury verdict is supported by the facts, that the record supports the trial court decision, that no error of law is present, that the trial court did not abuse its discretion, or that the Court lacks jurisdiction, the Court may affirm the decision of the trial court by judgment order or by reliance on the trial court opinion.

---

What if I lose?

Despite your arguments to the contrary, you may lose an appeal. If you disagree with this Court’s final decision, you may file a petition for reconsideration or reargument in this Court within 14 days. Alternatively, you may file a petition for allowance of appeal in the Supreme Court of Pennsylvania. Contact the Supreme Court for further information.

---

Will the Court appoint counsel for me?

Both case law and statutes strictly limit the situations in which the Court can appoint counsel or request the services of volunteer counsel. Generally counsel is appointed only if you cannot afford to retain counsel and your appeal is a direct criminal appeal or a first Post Conviction Relief Act petition and counsel was not permitted to withdraw, or if the trial court determines that, in the interests of justice, counsel should be appointed.

If your appeal involves a second or subsequent petition under the Post Conviction Relief Act, you are not entitled to have counsel appointed. You are also not entitled to have counsel appointed if this is your first Post Conviction Relief Act petition and the trial court permitted counsel to withdraw pursuant to Commonwealth v. Finley, 540 A.2d 213 (Pa. Super. 1988).

To request the appointment of counsel, you should file a motion in the trial court and serve opposing counsel.

---

***