§ 5571 — Appeals generally

Pennsylvania § 5571

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VI
• Ch. 55: LIMITATION OF TIME
• Subch.: APPEALS

Text

(a) General rule.--The time for filing an appeal, a petition for allowance of appeal, a petition for permission to appeal or a petition for review of a quasi-judicial order, in the Supreme Court, the Superior Court or the Commonwealth Court shall be governed by general rules. No other provision of this subchapter shall be applicable to matters subject to this subsection.

(b) Other courts.--Except as otherwise provided in subsections (a) and (c) and in section 5571.1 (relating to appeals from ordinances, resolutions, maps, etc.), an appeal from a tribunal or other government unit to a court or from a court to an appellate court must be commenced within 30 days after the entry of the order from which the appeal is taken, in the case of an interlocutory or final order.

(c) Exceptions.--

(1) Election cases.--The time for appeal from an order in any matter arising under the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code," or any other statute relating to registration or elections shall, if such statutes provide for a lesser time for appeal, be governed by the appropriate provision of such statutes.

(2) Financing cases.--The time for appeal from an order in any matter arising under the act of July 12, 1972 (P.L.781, No.185), known as the "Local Government Unit Debt Act," or any other statute relating to the incurring of debt by a government unit, shall if such statutes provide for a lesser time for appeal, be governed by the appropriate provision of such statutes.

(3) Probate matters.--The time for appeal from an order of a register of wills under Title 20 (relating to decedents, estates and fiduciaries) shall, if such statute provides a greater time for appeal, be governed by the appropriate provision of such statute.

(4) Execution matters.--The time for appeal from an order of any system or related personnel entered in connection with enforcement of attachments, judgments or similar process or orders shall be governed by general rule.

(5) (Deleted by amendment).

(6) Implied determinations.--When pursuant to law a determination is deemed to have been made by reason of the expiration of a specified period of time after submission of a matter to a tribunal or other government unit or after another prior event, any person affected may treat the expiration of such period as equivalent to the entry of an order for purposes of appeal and any person affected shall so treat the expiration of the period where the person has actual knowledge (other than knowledge of the mere lapse of time) that an implied determination has occurred.

(d) Interlocutory appeals.--A petition for permission to appeal from an interlocutory order must be filed within 30 days after its entry.

(e) Action following grant of permission to appeal.--The period limited by this section is tolled by the filing of a petition for permission to appeal. If the petition is granted further proceedings in the matter, including any time limitations, shall be governed by general rules or rules of court, and not by the provisions of subsections (b) through (d).

(f) Cross appeals.--An appellee may be permitted by general rules or rules of court to take an appeal within the time limited by rule from an order from which another party has taken a timely appeal, notwithstanding the fact that the time otherwise limited by this section has expired.

Legislative History

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. imd.; July 4, 2008, P.L.325, No.40, eff. imd.) Saved from Suspension.Pennsylvania Rule of Civil Procedure for District Justices No. 1082, as amended April 25, 1979, provided that section 5571(b), (c)(4) and (f) shall not be deemed suspended or affected. Rules 1001 through 1082 relate to appellate proceedings with respect to judgments and other decisions of justices of the peace in civil matters. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 1082 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges. References in Text.The act of July 12, 1972, P.L.781, No.185, known as the Local Government Unit Debt Act, referred to in subsec. (c), was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subpart B of Part VIII of Title 53 (Municipalities Generally). Cross References.Section 5571 is referred to in section 7361 of this title; section 2547 of Title 15 (Corporations and Unincorporated Associations); section 8854 of Title 53 (Municipalities Generally).