Title 210--APPELLATE PROCEDURE [ 210 PA. CODE CH. 21 ] Order Adopting Amendments to Pa.R.A.P. 2111; No. 188 Appellate Procedural Rules; Doc. No. 1 [38 Pa.B. 3355]
[Saturday, June 21, 2008]Order Per Curiam;
And Now, this 5th day of June, 2008, upon the recommendation of the Appellate Court Procedural Rules Committee, it having been determined that the proposed amendment does not need to be published as it is perfunctory in nature and immediate action is otherwise required 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 Pennsylvania Rule of Appellate Procedure 2111 is amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), shall be effective 30 days after adoption, and shall be applicable to briefs filed after the effective date.
Annex A TITLE 210. APPELLATE PROCEDURE PART I. RULES OF 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:
* * * * * (7) Statement of the reasons to allow an appeal to challenge the discretionary aspects of a sentence, if applicable.
[(7)] (8) Argument for appellant.
[(8)] (9) A short conclusion stating the precise relief sought.
[(9)] (10) The opinions and pleadings specified in Subdivisions (b) and (c) of this rule.
[(10)] (11) In the Superior Court, a copy of the statement of errors complained of on appeal, filed with the trial court pursuant to Rule 1925(b), or an averment that no order requiring a statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) was entered.
* * * * * Official Note: 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.
Pa.R.A.P. 2119(f) requires a separate statement of reasons that an appellate court should allow an appeal to challenge the discretionary aspects of a sentence. The 2008 amendments recognize that, while Pa.R.A.P. 2119(f) does not apply to all appeals, an appellant must include the reasons for allowance of appeal as a separate enumerated section immediately before the Argument section if he or she desires to challenge the discretionary aspects of a sentence.
[Pa.B. Doc. No. 08-1138. Filed for public inspection June 20, 2008, 9:00 a.m.]
