151 Amendment to Pa.R.A.P. 2111(a) and rescission of Pa.R.A.P. 3518; No. 116 Appellate Court Rules doc. no. 1

Title 210--APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

[210 PA. CODE CHS. 21 AND 35]

Amendment to Pa.R.A.P. 2111(a) and rescission of Pa.R.A.P. 3518; No. 116 Appellate Court Rules Doc. No. 1

[29 Pa.B. 544]

Order

Per Curiam:

   And Now, this 14th day of January, 1999, upon the recommendation of the Appellate Court Procedural Rules Committee, this Recommendation having been submitted without publication in the interest of justice pursuant to Pa.R.J.A. 103(a)(3);

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the proposed amendment to Pa.R.A.P. 2111(a) is adopted in the following form and Pa.R.A.P. 3518 is rescinded.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective January 14, 1999.

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE II.  APPELLATE PROCEDURE

CHAPTER 21.  BRIEFS AND REPRODUCED RECORD

CONTENT OF BRIEFS

Rule 2111.  Brief of [the] Appellant.

   (a)  General Rule. The brief of the appellant, except as otherwise prescribed by these rules, shall consist of the following matters, separately and distinctly entitled and in the following order:

   (1)  Statement of Jurisdiction.

   (2)  Statement of both the scope of review and the standard of review.

   [(2)] (3)  Order or other determination in question.

   [(3)] (4)  Statement of the questions involved.

   [(4)] (5)  Statement of the case.

   [(5)] (6)  Summary of argument.

   [(6)] (7)  Argument for appellant.

   [(7)] (8)  A short conclusion stating the precise relief sought.

   [(8)] (9)  The opinions and pleadings specified in Subdivisions (b) and (c) of this rule.

*      *      *      *      *

Official Note:

   [Based on former Supreme Court Rules 47 and 61, former Superior Court Rules 39, 47 (notice), 51 and 52 and former Commonwealth Court Rules 81, 90, 110B and 111B. Paragraphs (a)(2), (a)(7) and (a)(8) are new and Paragraph (a)(5) is extended to the Commonwealth Court. The lower court opinion, if not otherwise available, is generated by the appellant's notice to the trial judge under Rule 906(2) (service of notice of appeal) and the judge's preparation of an opinion under Rule 1925(a) (opinion in support of order). Consequently there should always be an opinion attached to the brief of the appellant.]

   The 1999 amendment requires a statement of the scope and standard of review. '' 'Scope of review' refers to 'the confines within which an appellate court must conduct its examination.' (Citation omitted.) In other words, it refers to the matters (or 'what') the appellate court is permitted to examine. In contrast, 'standard of review' refers to the manner in which (or 'how') that examination is conducted.'' Morrison v. Commonwealth, Dept. of Public Welfare, 538 Pa. 122, 131, 646 A.2d 565, 570 (1994). This amendment incorporates the prior practice of the Superior Court pursuant to Pa.R.A.P. 3518 which required such statements. Accordingly, Rule 3518 has been rescinded as its requirement is now subsumed under paragraph (a)(2) of this Rule.

Explanatory Note--1979

   The verbatim text of the order or other determination under review is added as a principal element of appellant's brief, to be included between the statement of jurisdiction and the statement of questions involved. As a result of new Rule 2115, existing Rules 2115, 2116, 2117 and 2118 are appropriately renumbered, and conforming amendments are made to Rules 2152(a) and 2175(b).

   (Editor's Note:  The Court is rescinding Rule 3518 relating to statement of the scope and standard of review. For the text of Rule 3518, see 210 Pa. Code pages 35-18 and 35-19 (serial pages (236427) and (236428).)

[Pa.B. Doc. No. 99-151. Filed for public inspection January 29, 1999, 9:00 a.m.]