Section 2571. Content of Remanded Record

(a) General rule.—The record, as remanded to the lower court or other tribunal, shall consist of the record as certified to the appellate court and, unless the appellate court shall otherwise order, a certified copy of:

(1) The judgment of the appellate court.

(2) The opinion of the appellate court, if one has been filed.

(3) Any direction as to costs or damages entered in the appellate court pursuant to Chapter 27 (fees and costs in appellate courts and on appeal).

(4) Any papers filed in the appellate court evidencing denial of review of the judgment by the Supreme Court of Pennsylvania or the Supreme Court of the United States.

(5) In a criminal matter, a copy of the docket entry under Rule 2572(e) (docket entry of remand).

(b) Briefs.—The prothonotary of an appellate court shall not forward any brief in a matter to the lower court either prior to or in connection with the remand of the record. The lower court on remand may direct any party to the appeal to file of record in the lower court and serve on the trial judge a copy of any brief filed in the appeal.

(c) Writs abolished.—The procedendo, the venire for new trial, and other similar writs of remittitur are abolished.

Official Note

Paragraph (a)(2) of this rule is based upon former Supreme Court Rule 68, former Superior Court Rule 59 and former Commonwealth Court Rule 115B. Rule 2591(b) (enforcement of appellate court orders) authorizes the entry of specific enforcement orders when necessary or appropriate.

The provisions of this Rule 2571 amended July 2, 1976, 6 Pa.B. 1557; 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 September 10, 2008, effective December 1, 2008, 38 Pa.B. 5257. Immediately preceding text appears at serial pages (322822) and (236415).