General Information
See Supreme Court Order dated October 29th, 2009,
PROMULGATION OF FINANCIAL REGULATIONS PURSUANT TO ACT 49 OF 2009
(42 PA.C.S. §§ 3733(A.1) AND 3733.1) Order AttachmentWhat are the filing fees for...
How much time do I have to file…
How many copies do I file of…
What are the basics of motion practice?
How is my case decided?
Will there be an opinion?
What if I lose?
Will the Court appoint counsel for me?
What are the filing fees for...
|
FEE SCHEDULE UNTIL DECEMBER 7, 2009 |
||||
|
ITEM |
TOTAL FEE |
GENERAL FUND |
JCP |
COPIES |
|
Notice of Appeal |
$60.00 |
$50.00 |
$10.00 |
Original + 1 copy |
|
Petition for Permission to Appeal Interlocutory Order |
$60.00 |
$50.00 |
$10.00 |
Original + 6 copies |
|
Petition for Review |
$60.00 |
$50.00 |
$10.00 |
Original + 6 copies |
|
Petition for Bail * |
$40.00 |
$30.00 |
$10.00 |
Original + 1 copies |
|
Petition for Stay/Supersedeas * |
$40.00 |
$30.00 |
$10.00 |
Original + 1 copies |
|
Petition for Prohibition * |
$40.00 |
$30.00 |
$10.00 |
Original + 1 copies |
|
Petition for Writ of Habeas Corpus * |
$40.00 |
$30.00 |
$10.00 |
Original + 1 copies |
|
Petition for Writ of Mandamus * |
$40.00 |
$30.00 |
$10.00 |
Original + 1 copies |
|
Petition for Appeal Nunc Pro Tunc |
$15.00 |
$15.00 |
------- |
Original + 1 copies |
|
Petition for Reargument |
$15.00 |
$15.00 |
------- |
Original + 23 copies |
|
Petition for Reconsideration |
$15.00 |
$15.00 |
------- |
determined by order under reconsideration |
|
Certifications: |
|
|
|
|
|
first page |
$8.00 |
$8.00 |
------- |
|
|
each additional page |
$1.00 |
$1.00 |
------- |
|
|
Docket Entries (per docket) |
$1.00 |
$1.00 |
------- |
|
|
Copying Charges (per page): |
|
|
------- |
|
|
by staff |
$1.00 |
$1.00 |
------- |
|
|
by litigant |
$0.50 |
$0.50 |
------- |
|
|
Petition for Extension of Time: |
|
|
|
Original + 1 copy |
|
1st petition |
0 |
0 |
------- |
|
|
2nd petition |
$10.00 |
$10.00 |
------- |
|
|
3rd petition or more |
$25.00 |
$25.00 |
------- |
|
|
FEE SCHEDULE AS OF DECEMBER 8, 2009 |
||||
|
ITEM |
TOTAL FEE |
GENERAL FUND |
JCP |
COPIES |
|
Notice of Appeal |
$73.50 |
$50.00 |
$23.50 |
Original + 1 copy |
|
Petition for Permission to Appeal Interlocutory Order |
$73.50 |
$50.00 |
$23.50 |
Original + 6 copies |
|
Petition for Review |
$73.50 |
$50.00 |
$23.50 |
Original + 6 copies |
|
Petition for Bail * |
$53.50 |
$30.00 |
$23.50 |
Original + 1 copies |
|
Petition for Stay/Supersedeas * |
$53.50 |
$30.00 |
$23.50 |
Original + 1 copies |
|
Petition for Prohibition * |
$53.50 |
$30.00 |
$23.50 |
Original + 1 copies |
|
Petition for Writ of Habeas Corpus * |
$53.50 |
$30.00 |
$23.50 |
Original + 1 copies |
|
Petition for Writ of Mandamus * |
$53.50 |
$30.00 |
$23.50 |
Original + 1 copies |
|
Petition for Appeal Nunc Pro Tunc |
$15.00 |
$15.00 |
------- |
Original + 1 copies |
|
Petition for Reargument |
$15.00 |
$15.00 |
------- |
Original + 23 copies |
|
Petition for Reconsideration |
$15.00 |
$15.00 |
------- |
determined by order under reconsideration |
|
Certifications: |
|
|
|
|
|
first page |
$8.00 |
$8.00 |
------- |
|
|
each additional page |
$1.00 |
$1.00 |
------- |
|
|
Docket Entries (per docket) |
$1.00 |
$1.00 |
------- |
|
|
Copying Charges (per page): |
|
|
------- |
|
|
by staff |
$1.00 |
$1.00 |
------- |
|
|
by litigant |
$0.50 |
$0.50 |
------- |
|
|
Petition for Extension of Time: |
|
|
|
Original + 1 copy |
|
1st petition |
0 |
0 |
------- |
|
|
2nd petition |
$10.00 |
$10.00 |
------- |
|
|
3rd petition or more |
$25.00 |
$25.00 |
------- |
|
* There is no cost for the filing of these petitions if an appeal is pending.
There are no filing fees for the following items:
|
ITEM |
COPIES REQUIRED |
|
Briefs |
Original + 6 |
|
Designation of Contents of Reproduced Record |
Original |
|
Petition to Dismiss |
Original + 7 |
|
Petition to Quash |
Original + 7 |
|
Petition to Remand |
Original + 1 |
|
Praecipe for Discontinuance |
Original |
|
Petition for Discontinuance |
Original + 1 |
|
Petition for Advancement |
Original + 1 |
|
Petition for Oral Argument |
Original + 1 |
|
Petition for Continuance |
Original + 3 |
|
Petition to Withdraw as Counsel |
Original + 4 |
|
Bill of Costs |
Original + 3 |
*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…
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.
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.
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.
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.
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