Section 2188. Consequence of Failure to File Briefs and Reproduced Records

If an appellant fails to file his designation of reproduced record, brief or any required reproduced record within the time prescribed by these rules, or within the time as extended, an appellee may move for dismissal of the matter. If an appellee fails to file his brief within the time prescribed by these rules, or within the time as extended, he will not be heard at oral argument except by permission of the court.

Official Note

Based on former Supreme Court Rules 30 (part) and 57 (part) and former Superior Court Rules 22 (part) and 47 (part) and extends these provisions to the Commonwealth Court. Each of the appellate courts has established a procedure for the non prossing of cases where there has been a failure to comply with the applicable rules. Accordingly, counsel are advised to prepare briefs and reproduced records in accordance with all rules applicable thereto (Rules 2111 through 2176) and to comply strictly with Rule 2185 (time for serving and filing briefs) and Rule 2186 (time for serving and filing reproduced record) of these rules.

The provisions of this Rule 2188 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended February 27, 1980, 10 Pa.B. 1038, effective date as set forth at 10 Pa.B. 1038; amended December 30, 1987, effective January 16, 1988 and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 18 Pa.B. 245. Immediately preceding text appears at serial pages (115450) to (115451).