Section 2573. Direct Remand to Court of First Instance

Unless otherwise ordered by the appellate court in which the matter is finally determined, whenever the final order in the matter does not contain any direction for further proceedings in an intermediate court in which the matter was previously pending, the prothonotary of the appellate court shall remand the record directly to:

(1) The lower court specified in the final order of the appellate court, if a direction for further proceedings in such lower court is contained in such final order.

(2) The court of first instance whose order or other determination was affirmed or otherwise permitted to remain unaffected by such final order.The prothonotary of the appellate court shall give written notice in person or by first class mail to the clerk of each intermediate court below through which the record would otherwise be remanded and to each party of the direct remand pursuant to this rule.

Official Note

The term ‘‘intermediate court’’ as used in this rule includes not only the Superior and the Commonwealth Courts, but also the courts of common pleas, e.g. in matters where the court of common pleas reviews on the record an order of the Philadelphia Municipal Court.

The provisions of this Rule 2573 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802. Immediately preceding text appears at serial page (27978).