210 Pa. Code r. 910 - Jurisdictional Statement. Content. Form
(a)
General rule.-The
jurisdictional statement required by Pa.R.A.P. 909 shall contain the following
in the order set forth:
(1) A reference to
the official and unofficial reports of the opinions delivered in the courts
below, if any, and if reported, the citation thereto. Any unreported opinions
shall be appended to the jurisdictional statement;
(2) A statement of the basis, either by Act
of Assembly or general rule, for the jurisdiction of the Supreme Court or the
cases believed to sustain that jurisdiction;
(3) The text of the order in question, or the
portions thereof sought to be reviewed, and the date of its entry in the court.
The order may be appended to the statement;
(4) A concise statement of the procedural
history of the case; and
(5) The
questions presented for review, expressed in the terms and the circumstances of
the case but without unnecessary detail. The statement of questions presented
will be deemed to include every subsidiary question fairly comprised therein.
Only the questions set forth in the statement, or fairly comprised therein will
ordinarily be considered by the Court.
(b)
Matters of form.-The
jurisdictional statement need not be set forth in numbered paragraphs in the
manner of a pleading. It shall be as short as possible and shall not exceed
1000 words, excluding the appendix.
(c)
Certificate of
compliance.
(1)
Word
count.-A jurisdictional statement that does not exceed five pages when
produced on a word processor or typewriter shall be deemed to meet the
requirements of paragraph (b) of this rule. In all other cases, the attorney or
the unrepresented filing party shall include a certification that the statement
complies with the word count limits. The certificate may be based on the word
count of the word processing system used to prepare the statement.
(2)
Case Records Public Access Policy
of the Unified Judicial System of Pennsylvania.-A jurisdictional
statement shall contain the certificate of compliance required by Pa.R.A.P.
127.
(d)
Nonconforming statements.-The Prothonotary of the Supreme
Court shall not accept for filing any statement that does not comply with this
rule. The Prothonotary shall return the statement to the appellant, and inform
all parties in which respect the statement does not comply with the rule. The
prompt filing and service of a new and correct statement within seven days
after return by the Prothonotary shall constitute a timely filing of the
jurisdictional statement.
Notes
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