Current through Register Vol. 54, No. 24, June 15, 2024
Rule 311 - Interlocutory Appeals as of Right(a)General Rule. An appeal may be taken as of right and without reference to Pa.R.A.P. 341(c) from the following types of orders: (1)Affecting Judgments. An order refusing to open, vacate, or strike off a judgment. If orders opening, vacating, or striking off a judgment are sought in the alternative, no appeal may be filed until the court has disposed of each claim for relief.(2)Attachments, etc. An order confirming, modifying, dissolving, or refusing to confirm, modify or dissolve an attachment, custodianship, receivership, or similar matter affecting the possession or control of property, except for orders pursuant to 23 Pa.C.S. §§ 3323(f), 3505(a).(3)Change of Criminal Venue or Venire. An order changing venue or venire in a criminal proceeding.(4)Injunctions. An order that grants or denies, modifies or refuses to modify, continues or refuses to continue, or dissolves or refuses to dissolve an injunction unless the order was entered: (i) Pursuant to 23 Pa.C.S. §§ 3323(f), 3505(a); or(ii) After a trial but before entry of the final order. Such order is immediately appealable, however, if the order enjoins conduct previously permitted or mandated or permits or mandates conduct not previously mandated or permitted, and is effective before entry of the final order.(5)Peremptory Judgment in Mandamus. An order granting peremptory judgment in mandamus.(6)New Trials. An order in a civil action or proceeding awarding a new trial, or an order in a criminal proceeding awarding a new trial where the defendant claims that the proper disposition of the matter would be an absolute discharge or where the Commonwealth claims that the trial court committed an error of law.(7)Partition. An order directing partition.(8)Other Cases. An order that is made final or appealable by statute or general rule, even though the order does not dispose of all claims and of all parties.(b)Order Sustaining Venue or Personal or In Rem Jurisdiction. An appeal may be taken as of right from an order in a civil action or proceeding sustaining the venue of the matter or jurisdiction over the person or over real or personal property if: (1) the plaintiff, petitioner, or other party benefiting from the order files of record within ten days after the entry of the order an election that the order shall be deemed final; or(2) the court states in the order that a substantial issue of venue or jurisdiction is presented.(c)Changes of Venue, etc. An appeal may be taken as of right from an order in a civil action or proceeding changing venue, transferring the matter to another court of coordinate jurisdiction, or declining to proceed in the matter on the basis of forum non conveniens or analogous principles.(d)Commonwealth Appeals in Criminal Cases. In a criminal case, under the circumstances provided by law, the Commonwealth may take an appeal as of right from an order that does not end the entire case where the Commonwealth certifies in the notice of appeal that the order will terminate or substantially handicap the prosecution.(e)Orders Overruling Preliminary Objections in Eminent Domain Cases. An appeal may be taken as of right from an order overruling preliminary objections to a declaration of taking and an order overruling preliminary objections to a petition for appointment of a board of viewers.(f)Administrative Remand. An appeal may be taken as of right from: (1) an order of a common pleas court or government unit remanding a matter to an administrative agency or hearing officer for execution of the adjudication of the reviewing tribunal in a manner that does not require the exercise of administrative discretion; or(2) an order of a common pleas court or government unit remanding a matter to an administrative agency or hearing officer that decides an issue that would ultimately evade appellate review if an immediate appeal is not allowed.(g)Waiver of Objections.(1) Except as provided in subdivision (g)(1), failure to file an appeal of an interlocutory order does not waive any objections to the interlocutory order: (ii) Failure to file an appeal from an interlocutory order under subdivision (b)(1) or subdivision (c) of this rule shall constitute a waiver of all objections to jurisdiction over the person or over the property involved or to venue, etc., and the question of jurisdiction or venue shall not be considered on any subsequent appeal.(iii) Failure to file an appeal from an interlocutory order under subdivision (e) of this rule shall constitute a waiver of all objections to such an order.(iv) Failure to file an appeal from an interlocutory order refusing to compel arbitration, appealable under 42 Pa.C.S. § 7320(a)(1) and subdivision (a)(8) of this rule, shall constitute a waiver of all objections to such an order.(2) Where no election that an interlocutory order shall be deemed final is filed under subdivision (b)(1) of this rule, the objection may be raised on any subsequent appeal.(h)Further Proceedings in the Trial Court. Pa.R.A.P. 1701(a) shall not be applicable to a matter in which an interlocutory order is appealed under subdivisions (a)(2) or (a)(4) of this rule.The provisions of this Rule 311 amended June 28, 1985, effective 7/20/1985, 15 Pa.B. 2635; amended December 30, 1987, effective 1/16/1988 and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 18 Pa.B. 245; amended March 31, 1989, effective 7/1/1989, 19 Pa.B. 1721; amended March 12, 1992, effective 7/6/1992, and shall govern all matters thereafter commenced, 22 Pa.B. 1354; amended May 6, 1992, effective 7/6/1992, 22 Pa.B. 2675; amended April 10, 1996, effective 4/27/1996, 26 Pa.B. 1985; amended June 29, 2005, effective 60 days after publication, 35 Pa.B. 3897; amended October 14, 2009, effective 30 days after publication 39 Pa.B. 6324; amended December 29, 2011, effective and applicable to all Orphans' Court orders entered forty-five days after adoption, 42 Pa.B. 374; amended December 29, 2011, effective and applicable to all Orphans' Court orders entered forty-five days after adoption, 42 Pa.B. 4693; amended December 14, 2015, effective 4/1/2016, for all orders entered on or after that date, 46 Pa.B. 8; amended March 9, 2021, effective 7/1/2021, 51 Pa.B. 1501; amended September 8, 2022, effective 1/1/2023, 52 Pa.B. 6036.Amended by Pennsylvania Bulletin, Vol 46, No. 01. January 2, 2016, effective 4/1/2016Amended by Pennsylvania Bulletin, Vol 51, No. 12. March 20, 2021, effective 3/20/2021Amended by Pennsylvania Bulletin, Vol 52, No. 39. September 24, 2022, effective 9/24/2022Amended by Pennsylvania Bulletin, Vol 53, No. 22. June 3, 2023, effective 6/3/2023