Current through Register Vol. 54, No. 42, October 19, 2024
Rule 1114 - Standards Governing Allowance of Appeal(a)General Rule. Except as prescribed in Pa.R.A.P. 1101 (appeals as of right from the Commonwealth Court), review of a final order of the Superior Court or the Commonwealth Court is not a matter of right, but of sound judicial discretion, and an appeal will be allowed only when there are special and important reasons therefor.(b)Standards. A petition for allowance of appeal may be granted for any of the following reasons: (1) the holding of the intermediate appellate court conflicts with another intermediate appellate court opinion;(2) the holding of the intermediate appellate court conflicts with a holding of the Pennsylvania Supreme Court or the United States Supreme Court on the same legal question;(3) the question presented is one of first impression;(4) the question presented is one of such substantial public importance as to require prompt and definitive resolution by the Pennsylvania Supreme Court;(5) the issue involves the constitutionality of a statute of the Commonwealth;(6) the intermediate appellate court has so far departed from accepted judicial practices or so abused its discretion as to call for the exercise of the Pennsylvania Supreme Court's supervisory authority; or(7) the intermediate appellate court has erroneously entered an order quashing or dismissing an appeal.The provisions of this Rule 1114 amended December 11, 1978, effective 12/30/1978, 8 Pa.B. 3802; amended February 4, 2011, effective in 30 days, and shall be applicable to petitions filed thereafter, 41 Pa.B. 923; amended May 31, 2013, effective immediately, 43 Pa.B. 3223.