Current through Register Vol. 54, No.43, October 26, 2024
Rule 1115 - Content of the Petition for Allowance of Appeal(a)General rule.-The petition for allowance of appeal need not be set forth in numbered paragraphs in the manner of a pleading, and shall contain the following (which shall be set forth in the order stated): (1) A reference to the official and unofficial reports of the opinions delivered in the courts below, if any, and if reported. Any such opinions shall be appended as provided in subdivision (a)(7).(2) The text of the order in question, or the portions thereof sought to be reviewed, and the date of its entry in the appellate court below. If the order is voluminous, it may, if more convenient, be appended to the petition.(3) The 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 an appeal is allowed.(4) A statement of place of raising or preservation of issues, which shall appear immediately after the questions presented for review. The statement shall specify the stage of the proceedings at which, and manner in which, the questions sought to be reviewed were raised in each proceeding below, the method of raising those questions (e.g., by a pleading, by a request to charge and exceptions, etc.), and the way in which those questions were passed upon by each court below, with citations to the record, as required by Pa.R.A.P. 2117(c). If under the applicable law an issue is reviewable on appeal without having been raised or preserved below, the statement shall so assert, with citation to appropriate authority. (5) A concise statement of the case containing the facts material to a consideration of the questions presented.(6) A concise statement of the reasons relied upon for allowance of an appeal. See Pa.R.A.P. 1114.(7) 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 government units, trial courts, or intermediate appellate courts in the case, and, if reference thereto is necessary to ascertain the grounds of the order, opinions in companion cases. If an application for reargument was filed in the Superior Court or Commonwealth Court, there also shall be appended to the petition a copy of any order granting or denying the application for reargument. If whatever is required by this paragraph to be appended to the petition is voluminous, it may, if more convenient, be separately presented.(8) 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.(9) The certificate of compliance required by Pa.R.A.P. 127.(b)Caption and parties.-All parties to the proceeding in the intermediate appellate court shall be deemed parties in the Supreme Court, unless the petitioner shall notify the Prothonotary of the Supreme Court of the belief of the petitioner that one or more of the parties below have no interest in the outcome of the petition. A copy of such notice shall be served on all parties to the matter in the intermediate appellate court, and a party noted as no longer interested may remain a party in the Supreme Court by filing a notice that he has an interest in the petition with the Prothonotary of the Supreme Court. All parties in the Supreme Court 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 provided 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 allowance of appeal shall be set forth in the body of the petition as provided by subdivision (a)(6) of this rule. Neither the briefs below nor any separate brief in support of a petition for allowance of appeal will be received, and the Prothonotary of the Supreme Court will refuse to file any petition for allowance of appeal to which is annexed or appended any brief below or supporting brief.(d)Essential requisites of petition.-The failure to comply with the requirements of this rule in all material respects shall alone be grounds for denying a petition. The failure of a petitioner to present with accuracy, brevity, and clarity 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 a single petition for allowance of appeal may be filed.(f)Length.-A petition for allowance of appeal shall not exceed 9,000 words. A petition for allowance of appeal that does not exceed 20 pages when produced by a word processor or typewriter shall be deemed to meet the 9,000 word limit. In all other cases, the attorney or the unrepresented filing party shall include a certification that the petition complies with the word count limit. The certificate may be based on the word count of the word processing system used to prepare the petition.(g)Supplementary matter.-The cover of the petition for allowance of appeal, pages containing the table of contents, table of citations, proof of service, signature block, and anything appended to the petition under subdivisions (a)(7) and (a)(8) shall not count against the word count limitations of this rule.The provisions of this Rule 1115 amended May 16, 1979, effective 6/2/1979, 9 Pa.B. 1753; amended September 25, 2008, effective as to all petitions for allowance of appeal filed more than 30 days after entry of the order, 38 Pa.B. 5589; amended May 28, 2014, effective 7/1/2014, 44 Pa.B. 3493; amended December 30, 2014, effective in 60 days, 45 Pa.B. 288; amended January 5, 2018, effective 1/6/2018, 48 Pa.B. 461; amended December 7, 2021, effective 4/1/2022, 51 Pa.B. 7857.Amended by Pennsylvania Bulletin, Vol 53, No. 43. October 28, 2023, effective 12/1/2023