Section 752. Transfers Between Superior and Commonwealth Courts

(a) General rule.—The Superior Court and the Commonwealth Court, on their own motion or on application of any party, may transfer any appeal to the other court for consideration and decision with any matter pending in such other court involving the same or related questions of fact, law or discretion.

(b) Content of application; answer.—The application shall contain a statement of the facts necessary to an understanding of the same or related questions of fact, law or discretion; a statement of the questions themselves; and a statement of the reasons why joint consideration of the appeals would be desirable. The application shall be served on all other parties to all appeals or other matters involved, and shall include or have annexed thereto a copy of each order from which any appeals involved were taken and any findings of fact, conclusions of law and opinions relating thereto. Any other party any appeal or other matter involved may file an answer in opposition in accordance with Rule 123(b). The application and answer shall be submitted without oral argument unless otherwise ordered.

(c) Effect of filing application.—An application to transfer under this rule shall not stay proceedings in any appeal or other matter involved unless the appellate court in which the appeal or other matter is pending or a judge thereof shall so order.

(d) Grant of application.—If the application to transfer is granted the prothonotary of the transferor court shall transfer the record of the appeal involved to the prothonotary of the transferee court, who shall immediately give written notice by first class mail of the transfer to all parties to all appeals or other matters involved. The notice shall set forth any necessary changes in the schedule in the transferee court for concurrent briefing and argument of the original and transferred appeals or other matters.

Official Note

Based on 42 Pa.C.S. § 705 (transfers between intermediate appellate courts).

The provisions of this Rule 752 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended July 7, 1997, effective in 60 days, 27 Pa.B. 3503. Immediately preceding text appears at serial page (115414).