Section 751. Transfer of Erroneously Filed Cases

(a) General rule.—If an appeal or other matter is taken to or brought in a court or magisterial district which does not have jurisdiction of the appeal or other matter, the court or district justice shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper court of this Commonwealth, where the appeal or other matter shall be treated as if originally filed in the transferee court on the date first filed in a court or magisterial district.

(b) Transfers by prothonotaries.—An appeal or other matter may be transferred from a court to another court under this rule by order of court or by order of the prothonotary of any appellate court affected.

Official Note

Based on 42 Pa.C.S. § 5103(a) (transfer of erroneously filed matters). See Rule 2703 (erroneously filed cases).

The provisions of this Rule 751 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802. Immediately preceding text appears at serial pages (33979) and (25391).