210 Pa. Code § 341

Current through Register Vol. 54, No. 7, February 17, 2024
Rule 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.

210 Pa. Code § 341

The provisions of this Rule 341 amended through April 26, 1982, effective 9/12/1982, 12 Pa.B. 1536; amended March 12, 1992, effective 7/6/1992, and shall govern all matters thereafter commenced, 22 Pa.B. 1354; corrected May 1, 1992, effective 7/6/1992, and shall govern all matters thereafter commenced, 22 Pa.B. 2315; amended May 6, 1992, effective 7/6/1992, 22 Pa.B. 2675; amended July 7, 1997, effective in 60 days, 27 Pa.B. 3503; amended October 13, 2006, effective 60 days after adoption, 36 Pa.B. 6507; amended April 16, 2013, effective to appeals and petitions for review filed 30 days after adoption, 43 Pa.B. 2423; amended May 28, 2014, effective 7/1/2014, 44 Pa.B. 3493; amended December 14, 2015, effective 4/1/2016, for all orders entered on or after that date, 46 Pa.B. 8; amended January 7, 2020, effective 8/1/2020, 50 Pa.B. 505; amended March 9, 2021, effective 7/1/2021, 51 Pa.B. 1501.
Amended by Pennsylvania Bulletin, Vol 46, No. 01. January 2, 2016, effective 4/1/2016
Amended by Pennsylvania Bulletin, Vol 50, No. 4. January 25, 2020, effective 1/25/2020
Amended by Pennsylvania Bulletin, Vol 51, No. 12. March 20, 2021, effective 3/20/2021
Amended by Pennsylvania Bulletin, Vol 53, No. 22. June 3, 2023, effective 6/3/2023