210 Pa. Code r. 341 - Final Orders; Generally
(a)
General Rule. Except as prescribed in subdivisions (d) and (e)
of this rule, an appeal may be taken as of right from any final order of a
government unit or trial court.
(b)
Definition of Final Order. A final order:
(1) disposes of all claims and of all
parties;
(2) ;
(3) is entered as a final order pursuant to
subdivision (c) of this rule; or
(4) is an order pursuant to subdivision (f)
of this rule.
(c)
Determination of Finality. When more than one claim for relief
is presented in an action, whether as a claim, counterclaim, cross-claim, or
third-party claim, or when multiple parties are involved, the trial court or
other government unit may enter a final order as to one or more but fewer than
all of the claims and parties only upon an express determination that an
immediate appeal would facilitate resolution of the entire case. Such an order
becomes appealable when entered. In the absence of such a determination and
entry of a final order, any order or other form of decision that adjudicates
fewer than all the claims and parties shall not constitute a final order. In
addition, the following conditions shall apply:
(1) An application for a determination of
finality under subdivision (c) must be filed within 30 days of entry of the
order. During the time an application for a determination of finality is
pending, the action is stayed.
(2)
Unless the trial court or other government unit acts on the application within
30 days after it is filed, the trial court or other government unit shall no
longer consider the application and it shall be deemed denied.
(3) A notice of appeal may be filed within 30
days after entry of an order as amended unless a shorter time period is
provided in Pa.R.A.P. 903(c). Any denial of such an application is reviewable
only through a petition for permission to appeal under Pa.R.A.P.
1311.
(d)
Superior Court and Commonwealth Court Orders. Except as
prescribed by Pa.R.A.P. 1101 no appeal may be taken as of right from any final
order of the Superior Court or of the Commonwealth Court.
(e)
Criminal Orders. An
appeal may be taken by the Commonwealth from any final order in a criminal
matter only in the circumstances provided by law.
(f)
Post Conviction Relief Act
Orders.
(1) An order granting,
denying, dismissing, or otherwise finally disposing of a petition for
post-conviction collateral relief shall constitute a final order for purposes
of appeal.
(2) An order granting
sentencing relief, but denying, dismissing, or otherwise disposing of all other
claims within a petition for post-conviction collateral relief, shall
constitute a final order for purposes of appeal.
Notes
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