Section 105. Waiver and Modification of Rules

(a) Liberal construction and modification of rules.—These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every matter to which they are applicable. In the interest of expediting decision, or for other good cause shown, an appellate court may, except as otherwise provided in Subdivision (b) of this rule, disregard the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction.

(b) Enlargement of time.—An appellate court for good cause shown may upon application enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time, but the court may not enlarge the time for filing a notice of appeal, a petition for allowance of appeal, a petition for permission to appeal, or a petition for review.

Official Note

42 Pa.C.S. § 5504 (judicial extension of time) provides that the time limited by, inter alia, Chapter 55D (appeals) of the Judicial Code shall not be extended by order, rule or otherwise except that the time limited may be extended to relieve fraud or its equivalent, but that there shall be no extension of time as a matter of indulgence or with respect to any criminal proceeding. However, under 42 Pa.C.S. § 5571(a) (appeals generally) statutory time limits under Chapter 55D do not apply to appeals to or other judicial review by the Supreme, Superior or Commonwealth Courts.

Subdivision (b) of this rule is not intended to affect the power of a court to grant relief in the case of fraud or breakdown in the processes of a court.

The provisions of this Rule 105 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802. Immediately preceding text appears at serial page (27895).