Current through Register Vol. 54, No. 42, October 19, 2024
Rule 1502 - Exclusive ProcedureThe appeal and the original jurisdiction actions of equity, replevin, mandamus, and quo warranto, the action for a declaratory judgment, and the writs of certiorari and prohibition are replaced by the petition for review.
It should be noted that a petition for review in the nature of mandamus or prohibition will lie against a trial court (which is a "government unit"), since such relief is not available under the rules cited in Pa.R.A.P. 1501(b).
See42 Pa.C.S. § 708(e), which provides as follows:
(e)Single form of action.-Where pursuant to general rules review of a determination of a government unit may be had by a petition for a review or another single form of action embracing the appeal and actions in the nature of equity, mandamus, prohibition, quo warranto, or otherwise, the jurisdiction of the appellate court shall not be limited by the provisions of 1 Pa.C.S. § 1504 (relating to statutory remedy preferred over common law), but such provisions to the extent applicable shall limit the relief available.The provisions of this Rule 1502 amended December 11, 1978, effective 12/30/1978, 8 Pa.B. 3802; amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3862; amended January 7, 2020, effective 8/1/2020, 50 Pa.B. 505.