Section 302. Requisites for Reviewable Issue

(a) General rule. Issues not raised in the lower court are waived and cannot be raised for the first time on appeal.

(b) Charge to jury. A general exception to the charge to the jury will not preserve an issue for appeal. Specific exception shall be taken to the language or omission complained of.

Official Note

This rule sets forth a frequently overlooked requirement. See, e.g. Commonwealth v. Piper, 458 Pa. 307, 328 A.2d 845 (1974), as to Subdivision (a). See, e.g. Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (1974); Commonwealth v. Light, 458 Pa. 328, 326 A.2d 288 (1974) as to Subdivision (b). Rule 2117(c) (statement of place of raising or preservation of issues) and Rule 2119(e) (statement of place of raising or preservation of issues) require that the brief expressly set forth in both the statement of the case and in the argument reference to the place in the record where the issue presented for decision on appeal has been raised or preserved below.

See Rule 1551 (Scope of Review) as to requisites for reviewable issue on petition for review.

The provisions of this Rule 302 amended February 27, 1980, 10 Pa.B. 1038, effective as set forth at 10 Pa.B. 1038. Immediately preceding text appears at serial pages (42958).