Section 2152. Content and Effect of Reproduced Record  


Latest version.
  • (a) General rule.—The reproduced record shall contain:

    (1) The relevant docket entries and any relevant related matter (see Rule 2153 (docket entries and related matter)).

    (2) Any relevant portions of the pleadings, charge or findings (see Rule 2175(b) (order and opinions) which provides for a cross reference note only to orders and opinions reproduced as part of the brief of appellant).

    (3) Any other parts of the record to which the parties wish to direct the particular attention of the appellate court.

    (b) Immaterial formal matters.—Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) shall be omitted.

    (c) Effect of reproduction of record.—The fact that parts of the record are not included in the reproduced record shall not prevent the parties or the appellate court from relying on such parts.

    Official Note

    The general rule has long been that evidence which has no relation to or connection with the questions involved must not be reproduced. See former Supreme Court Rule 44, former Superior Court Rule 36 and former Commonwealth Court Rule 88. See also, e.g., Shapiro v. Malarkey, 278 Pa. 78, 84, 122 Atl. 341, 342, 29 A.L.R. 1358 (1923); Sims v. Pennsylvania R.R. Co., 279 Pa. 111, 117, 123 Atl. 676, 679 (1924).

    See Rule 2189 for procedure in cases involving the death penalty.

The provisions of this Rule 2152 amended through December 1, 1982, effective December 1, 1982, 12 Pa.B. 4332. Immediately preceding text appears at serial page (43054).