Current through Register Vol. 54, No. 19, May 11, 2024
Rule 460 - Notice of Appeal(A) When an appeal is authorized by law in a summary proceeding, including an appeal following a prosecution for violation of a municipal ordinance that provides for imprisonment upon conviction or upon failure to pay a fine, an appeal shall be perfected by filing a notice of appeal within 30 days after the entry of the guilty plea, the conviction, or other final order from which the appeal is taken. The notice of appeal shall be filed with the clerk of courts.(B) The notice of appeal shall contain the following information:(1) The name and address of the appellant;(2) The name and address of the issuing authority who accepted the guilty plea or heard the case;(3) The magisterial district number in which the case was heard;(4) The name and mailing address of the affiant as shown on the complaint or citation;(5) The date of the entry of the guilty plea, the conviction, or other final order from which the appeal is taken;(6) The offense(s) of which convicted or to which a guilty plea was entered, if any;(7) The sentence imposed, and if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;(8) The type or amount of bail or collateral, if any, furnished to the issuing authority;(9) The name and address of the attorney, if any, filing the notice of appeal; and(10) except when the appeal is from a guilty plea or a conviction, the grounds relied upon for appeal.(C) Within 5 days after filing the notice of appeal, a copy shall be served either personally or by mail by the clerk of courts upon the issuing authority, the affiant, and the appellee or appellee's attorney, if any.(D) The issuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts:(1) The transcript of the proceedings;(2) The original complaint or citation, if any;(3) The summons or warrant of arrest, if any; and(4) The bail bond, if any.(E) This rule shall provide the exclusive means of appealing from a summary guilty plea or conviction. Courts of common pleas shall not issue writs of certiorari in such cases.(F) This rule shall not apply to appeals from contempt adjudications.The provisions of this Rule 460 amended March 3, 2000, effective 7/1/2000, 30 Pa.B. 1508; amended February 28, 2003, effective 7/1/2003, 33 Pa.B. 969 and 1324; amended December 29, 2017, effective 4/1/2018, 48 Pa.B. 224; amended January 27, 2021, effective 6/1/2021, 51 Pa.B. 684.