Section 102. Definitions

Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule:

Action—Any action or proceeding at law or in equity.

Argument—Where required by the context, the term includes submission on briefs.

Administrative Office—The Administrative Office of Pennsylvania Courts.

Appeal—Any petition or other application to a court for review of subordinate governmental determinations. The term includes an application for certiorari under 42 Pa.C.S. § 934 (writs of certiorari) or under any other provision of law. Where required by the context, the term includes proceedings on petition for review.

Note

Under these rules a ‘‘subordinate governmental determination’’ includes an order of a lower court. The definition of ‘‘government unit’’ includes courts, and the definition of ‘‘determination’’ includes action or inaction by (and specifically an order entered by) a court or other government unit. In general any appeal now extends to the whole record, with like effect as upon an appeal from a judgment entered upon the verdict of a jury in an action at law and the scope of review of an order on appeal is not limited as on broad or narrow certiorari. See 42 Pa.C.S. § 5105(d) (scope of appeal).

Appellant—Includes petitioner for review.

Appellate court—The Supreme Court, the Superior Court or the Commonwealth Court.

Appellee—Includes a party named as respondent in a petition for review.

Application—Includes a petition or a motion.

Appropriate security—Security which meets the requirements of Rule 1734 (appropriate security).

Children’s fast track appeal—Any appeal from an order involving dependency, termination of parental rights, adoptions, custody or paternity. See 42 Pa.C.S. § § 6301 et seq.; 23 Pa.C.S. § § 2511 et seq.; 23 Pa.C.S. § § 2101 et seq.; 23 Pa.C.S. § § 5301 et seq.; 23 Pa.C.S. § § 5102 et seq.

Clerk—Includes prothonotary.

Counsel—Counsel of record.

Determination—Action or inaction by a government unit which action or inaction is subject to judicial review by a court under Section 9 of Article V of the Constitution of Pennsylvania or otherwise. The term includes an order entered by a government unit.

Docket Entries—Includes the schedule of proceedings of a government unit.

General rule—A rule or order promulgated by or pursuant to the authority of the Supreme Court.

Government unit—The Governor and the departments, boards, commissions, officers, authorities and other agencies of the Commonwealth, including the General Assembly and its officers and agencies and any court or other officer or agency of the unified judicial system, and any political subdivision or municipal or other local authority or any officer or agency of any such political subdivision or local authority. The term includes a board of arbitrators whose determination is subject to review under 42 Pa.C.S. § 763(b) (awards of arbitrators).

Judge—Includes a justice of the Supreme Court.

Lower court—The court from which an appeal is taken or to be taken. With respect to matters arising under Chapter 17 (effect of appeals; supersedeas and stays) the term means the trial court from which the appeal was first taken.

Matter—Action, proceeding or appeal. The term includes a petition for review.

Order—Includes judgment, decision, decree, sentence and adjudication.

Petition for allowance of appeal—

(a) A petition under Rule 1112 (appeals to the Supreme Court by allowance); or

(b) a statement pursuant to Rule 2119(f) (discretionary aspects of sentence). See 42 Pa.C.S. § 9781.

Petition for permission to appeal—A petition under Rule 1311 (interlocutory appeals by permission).

Petition for review—A petition under Rule 1511 (manner of obtaining judicial review of governmental determinations).

President judge—When applied to the Supreme Court, the term means the Chief Justice of Pennsylvania.

Proof of service—Includes acknowledgment of service endorsed upon a pleading.

Quasijudicial order—An order of a government unit, made after notice and opportunity for hearing, which is by law reviewable solely upon the record made before the government unit, and not upon a record made in whole or in part before the reviewing court.

Reargument—Includes, in the case of applications for reargument under Chapter 25 (post-submission proceedings), reconsideration and rehearing.

Reconsideration—Includes reargument and rehearing.

Reproduced Record—That portion of the record which has been reproduced for use in an appellate court. The term includes any supplemental reproduced record.

Rule of court—A rule promulgated by a court regulating practice or procedure before the promulgating court.

Verified Statement—A document filed with a clerk under these rules containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. § 4904 (unsworn falsification to authorities).

Official Note

Based on 42 Pa.C.S. § 102 (definitions). The definition of ‘‘determination’’ is not intended to affect the scope of review provided by 42 Pa.C.S. § 5105(d) (scope of appeal) or other provision of law.

The provisions of this Rule 102 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended September 10, 2008, effective December 1, 2008, 38 Pa.B. 5257; amended January 13, 2009, 39 Pa.B. 1094, effective as to all appeals filed 60 days or more after adoption; amended May 28, 2014, effective July 1, 2014, 44 Pa.B. 3493. Immediately preceding text appears at serial pages (369566) and (342207) to (342208).