PART I. RULES OF APPELLATE PROCEDURE [210 PA. CODE CH. 19] Proposed Amendment to Pa.R.A.P. 1925(b); Recommendation No. 1 of 2002 [32 Pa.B. 5261] Internal Recommendation No. 29 The Appellate Court Procedural Rules Committee submits alternative proposals to amend Pa.R.A.P. 1925(b). These alternative proposals are being submitted to the bench and bar for comments and suggestions prior to their submission to the Supreme Court.
All communications in reference to the proposed amendment should be sent not later than sixty days from the date of this publication to the Appellate Court Procedural Rules Committee, c/o Dean R. Phillips, Counsel, P. O. Box 3010, Blue Bell, PA 19422.
The Explanatory Comment which appears in connection with the proposed amendments has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.
By the Appellate Court Procedural Rules Committee
HONORABLE JOSEPH A. HUDOCK,
ChairAnnex A TITLE 210. APPELLATE PROCEDURE PART I. RULES OF APPELLATE PROCEDURE ARTICLE II. APPELLATE PROCEDURE CHAPTER 19. PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS RECORD ON APPEAL FROM LOWER COURT Alternative One Rule 1925. Opinion in Support of Order.
* * * * * (b) Direction to file statement of matters complained of.--The lower court forthwith may enter an order directing the appellant to file of record in the lower court and serve on the trial judge a concise statement of the matters complained of on the appeal no later than 14 days after entry of such order. A failure to comply with such direction [may] shall be considered by the appellate court as a waiver of all objections to the order, ruling or other matter complained of.
* * * * * Official Note:
* * * * * The 2002 amendment to subdivision (b) conforms the Rule to the mandate of Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) which provides that where the Court has requested a 1925(b) statement, any issue not raised in the statement shall result in waiver of that issue.
Alternative Two Rule 1925. Opinion in Support of Order.
* * * * * (b) Direction to file statement of matters complained of.--The lower court forthwith may enter an order directing the appellant to file of record in the lower court and serve on the trial judge a concise statement of the matters complained of on the appeal no later than 14 days after entry of such order. A failure to comply with such direction [may] shall be considered by the appellate court as a waiver of all objections to the order, ruling or other matter complained of absent a showing of special circumstances justifying either the failure to file the statement or the failure to raise an issue in the statement.
* * * * * Official Note:
* * * * * The 2002 amendment to subdivision (b) conforms the Rule to the mandate of Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) which provides that where the Court has requested a 1925(b) statement, anyissue not raised in the statement shall result in waiver of that issue. However, the 2002 amendment provides an exception to the strict waiver rule where an appellant can show special circumstances justifying the failure to raise an issue in the 1925(b) statement.
Explanatory Comment Alternative One The proposed amendment to Pa.R.A.P. 1925(b) would conform the Rule to the mandate in Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998). The Lord decision provides that where the Court has requested a 1925(b) statement, any issues not raised in the statement shall result in waiver.
Despite the mandatory waiver provisions of subdivision (b), a challenge to the legality of a sentence in a criminal case is not waived by failure to raise the issue in a 1925(b) statement. Similarly, subject-matter jurisdiction is not a waivable issue and may be raised at any stage of a proceeding.
An appellate court may review issues which have not been raised in a 1925(b) statement or which have been inadequately raised, where the trial court has anticipated and addressed the issues in a 1925(a) opinion. Issues are not waived where an appellant has filed a late 1925(b) statement and the trial court addresses the issues in a 1925(a) opinion. However, where no 1925(b) statement is filed in response to the trial court's order, the issues are waived, even if the trial court issues an opinion pursuant to 1925(a).
Alternative Two Alternative Two proposes an amendment to subdivision (b) of Pa.R.A.P. 1925 to conform the Rule to the mandate of Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998). The Lord decision provides that where the Court has requested a 1925(b) statement, any issue not raised in that statement shall result in waiver of that issue. However, unlike Alternative One, the proposed amendment in Alternative Two provides an exception to the strict waiver rule, where an appellant can show special circumstances justifying the failure to raise an issue in the 1925(b) statement.
Despite the mandatory waiver provisions of subdivision (b), a challenge to the legality of a sentence in a criminal case is not waived by failure to raise the issue in a 1925(b) statement. Similarly, subject-matter jurisdiction is not a waivable issue and may be raised at any stage of a proceeding.
An appellate court may review issues which have not been raised in a 1925(b) statement or which have been inadequately raised, where the trial court has anticipated and addressed the issues in a 1925(a) opinion. Issues are not waived where an appellant has filed a late 1925(b) statement and the trial court addresses the issues in a 1925(a) opinion. However, where no 1925(b) statement is filed in response to the trial court's order, the issues are waived, even if the trial court issues an opinion pursuant to 1925(a).
[Pa.B. Doc. No. 02-1872. Filed for public inspection October 25, 2002, 9:00 a.m.]
