Recent Amendments to Appellate Rule 1513

Recent amendments to Pa.R.A.P. 1513 have changed the requirements for the contents of an appellate jurisdiction petition for review. Rule 1513(d) requires, inter alia, a “general statement of the objections to the order or other determination” under review. Prior to its amendment, the rule stated that the petitioner’s statement of objections would be “deemed to include every subsidiary question fairly comprised therein.” That language has been deleted and new language added stating that “the omission of an issue from the statement shall not be the basis for a finding of waiver if the court is able to address the issue based on the certified record.” The amendments were effective January 1, 2015. Although the amended rule is aimed at preventing waiver of preserved issues, the official note cautions that the amended rule neither expands the scope of issues that may be addressed under Pa.R.A.P. 1551(a) nor relaxes Pa.R.A.P. 2116(a)’s requirement that issues must be included in the statement of questions involved section of the appellant’s brief.

By | 2017-05-19T22:51:32+00:00 February 23rd, 2015|Categories: Appellate Practice|Tags: , , |Comments Off on Recent Amendments to Appellate Rule 1513

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