210 Pa. Code r. 2741

Current through Register Vol. 54, No. 45, November 9, 2024
Rule 2741 - Parties Entitled to Costs

Except as otherwise provided by law:

(1) If an appeal or other matter is dismissed, costs shall be taxed against the appellant or other moving party in the appellate court unless otherwise agreed by the parties or ordered by the court.
(2) If an order is affirmed, costs shall be taxed against the appellant unless otherwise ordered.
(3) If an order is reversed, modified or vacated with a direction for a new trial, costs shall be taxed against the appellee, unless otherwise ordered, or unless the appellee causes the matter to be retried below within one year after the remand of the record, in which event the liability for costs shall follow the final judgment on such retrial unless otherwise ordered.
(4) If an order is reversed, without a direction for a new trial, costs shall be taxed against the appellee unless otherwise ordered, or unless the lower court shall determine that the matter is not finally closed between the parties, and the appellee shall bring a new action against the appellant within 30 days after such determination, in which event the liability for costs shall follow the final judgment in such second or other matter relating to the same cause of action.
(5) If an order is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered by the court.

210 Pa. Code r. 2741

The provisions of this Rule 2741 amended December 11, 1978, effective 12/30/1978, 8 Pa.B. 3802; amended May 11, 1993, effective immediately, 23 Pa.B. 2527.