Skip to main content

Rule 104 Rules of Court

Chapter 1: General Provisions

(a) General rule.—Each appellate court may from time to time make and amend rules of court governing its practice:

(1) On any subject within the scope of Chapter 23 (sessions and arguments) notwithstanding any inconsistent provision of such chapter.

(2) On any subject covered by these rules where these rules expressly authorize the adoption of a rule of court inconsistent with a provision of these rules applicable to appellate courts generally.

(3) On any other subject, if such rule of court is not inconsistent with these rules. All rules of court and changes therein adopted pursuant to this rule shall be promulgated as amendments to Chapters 33, 35 or 37, as appropriate. In all cases not provided for by rule, the appellate courts may regulate their practice in any manner not inconsistent with these rules.

(b) Briefs and reproduced records in Commonwealth Court evidentiary hearing matters.—The Commonwealth Court may from time to time make and amend rules of court governing its practice in matters which under the applicable law may be determined in whole or in part upon the record made before the court, notwithstanding any inconsistent provision of Chapter 21 (briefs and reproduced record) or Chapter 25 (post-submission proceedings).

Amendment history: The provisions of this Rule 104 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended February 27, 1980, 10 Pa.B. 1038, effective date as set forth at 10 Pa.B. 1038. Immediately preceding text appears at serial page (39540).