Pennsylvania Order of Remand on Writ of Procedendo

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Multi-State
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US-01767
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Word; 
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Description

This form is a model Order for Remand by a Writ of Procedendo, a writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari, or otherwise, is sent down again to the same court, to be proceeded with there.

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FAQ

Rule 341. (a) General Rule. ?Except as prescribed in [subdivision] paragraph (d), and (e) of this rule, an appeal may be taken as of right from any final order of an administrative agency or lower court. (b) Definition of Final Order.

If it disposes of all claims and all parties, it is final, and, thus, appealable pursuant to Pa. R.A.P. 341. If the order does not dispose of all claims and all parties, that is, the order is not final, but rather interlocutory, it is appealable pursuant to Pa. R.A.P.

"The reproduced record is a collection of those portions of the record below that each party considers necessary to determine the issues presented on appeal." Dunlap-Hanna Pennsylvania Forms, § 231.30.

Interlocutory Appeals by Permission. (a) General rule.--An appeal may be taken by permission from an interlocutory. order: (1) certified under 42 Pa.C.S. § 702(b) or for which certification.

311(a)(8) provides for appeal as of right from an order that is made final or appealable by statute or general rule, even though the order does not dispose of all claims or of all parties and, thus, is interlocutory. Pa. R.A.P. 311(g) addresses waiver if no appeal is taken immediately from such interlocutory order. Rule 311. Interlocutory Appeals as of Right. pacourts.us ? storage ? rules pacourts.us ? storage ? rules

A remand under rule 8.528(c) is not a decision final on filing because it is not a separately filed order; rather, as part of its appellate judgment at the end of its opinion in such cases the Supreme Court simply orders the cause remanded to the Court of Appeal for disposition of the remaining issues in the appeal.

Code § 301 - Requisites for an Appealable Order. (a) Entry upon docket below. (1) Except as provided in subparagraph (2) of this paragraph, no order of a court shall be appealable until it has been entered upon the appropriate docket in the trial court.

Length of Briefs. (a) Unless otherwise ordered by an appellate court: (1) A principal brief shall not exceed 14,000 words and a reply brief shall not exceed 7,000 words, except as stated in subparagraphs (a)(2)?(4).

In an appeal of a custody action where the trial court has used the full name of the parties in the caption, upon application of a party and for cause shown, an appellate court may exercise its discretion to use the initials of the parties in the caption based upon the sensitive nature of the facts included in the case ...

Code § 903. Rule 903 - Time for Appeal (a)General rule. Except as otherwise prescribed by this rule, the notice of appeal required by Rule 902 (manner of taking appeal) shall be filed within 30 days after the entry of the order from which the appeal is taken. Rule 903 - Time for Appeal, 210 Pa. Code § 903 - Casetext casetext.com ? chapter-9-appeals-from-lower-courts casetext.com ? chapter-9-appeals-from-lower-courts

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Pennsylvania Order of Remand on Writ of Procedendo