Current through Register Vol. 54, No. 42, October 19, 2024
Rule 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. Where under the applicable practice below an order is entered in two or more dockets, the order has been entered for the purposes of appeal when it has been entered in the first appropriate docket.(2) In a criminal case in which no post-sentence motion has been filed, a judgment of sentence is appealable upon the imposition of sentence in open court.(b)Separate document required.-Every order shall be set forth on a separate document.(c)Nonappealable orders.-Except as provided in subparagraph (a)(2), a direction by the trial court or other government unit that a specified judgment, sentence or other order shall be entered, unaccompanied by actual entry of the specified order in the docket, does not constitute an appealable order. Any such order shall be docketed before an appeal is taken.(d)Entry of appealable orders.-Subject to any inconsistent general rule applicable to particular classes of matters, the clerk of the trial court shall, on praecipe of any party (except a party who by law may not praecipe for entry of an adverse order), forthwith prepare, sign, and enter an appropriate order, judgment, or final decree in the docket, evidencing any action from which an appeal lies either as of right or upon permission to appeal or allowance of appeal or by petition for specialized review.(e)Emergency appeals.-Where the exigency of the case is such as to impel an immediate appeal and the party intending to appeal an adverse action is unable to secure the formal entry of an appealable order pursuant to the usual procedures, the party may file in the trial court and serve a praecipe for entry of an adverse order, which action shall constitute entry of an appealable order for the purposes of these rules. The interlocutory or final nature of the action shall not be affected by this paragraph.The provisions of this Rule 301 amended through December 10, 1986, effective 1/31/1987, and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 16 Pa.B. 4591; amended January 18, 2007, effective 8/1/2007, 37 Pa.B. 521; amended January 7, 2020, effective 8/1/2020, 50 Pa.B. 505.