Section 1503. Improvident Appeals or Original Jurisdiction Actions

If an appeal is taken from an order of a government unit, or if a complaint in the nature of equity, replevin, mandamus, or quo warranto, or a petition for a declaratory judgment or for a writ in the nature of certiorari or prohibition is filed against a government unit or one or more of the persons for the time being conducting its affairs objecting to a determination by any one or more of them, this alone shall not be a ground for dismissal. The papers whereon the improvident matter was commenced shall be regarded and acted upon as a petition for review of such governmental determination and as if filed at the time the improvident matter was commenced. The court may require that the papers be clarified by amendment.

Official Note

Based on 42 Pa.C.S. § 708 (improvident administrative appeals and other matters).

The provisions of this Rule 1503 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3862. Immediately preceding text appears at serial page (231650).