Rule 1113 Time for Petitioning for Allowance of Appeal

(a) General Rule. Except as otherwise prescribed by this rule, a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within 30 days after the entry of the order of the Superior Court or the Commonwealth Court sought to be reviewed.

(1) If a timely application for reargument is filed in the Superior Court or Commonwealth Court by any party, the time for filing a petition for allowance of appeal for all parties shall run from the entry of the order denying reargument or from the entry of the decision on reargument, whether or not that decision amounts to a reaffirmation of the prior decision.

(2) Except as provided by subdivision (a)(3), the Superior Court or the Commonwealth Court may act on the application for reargument within 60 days after it is filed.

(3) In a children’s fast track appeal, the Superior Court may act on the application for reargument within 45 days after it is filed.

(4) If an appellate court does not act on an application for reargument within the prescribed time period set forth in subdivisions (a)(2) and (a)(3):

(i) The application for reargument shall be deemed denied.

(ii) The prothonotary of the appellate court shall immediately enter an order denying the application and give notice of entry of the order denying the application to each party who has appeared in the appellate court.

(iii) A petition for allowance of appeal filed before the disposition of an application for reargument shall have no effect. A new petition for allowance of appeal shall be filed within the prescribed time measured from the entry of the order denying or otherwise disposing of such an application for reargument.

(b) Cross-Petitions for Allowance of Appeal. Except as otherwise prescribed in subdivision (c), if a timely petition for allowance of appeal is filed by a party, any other party may file a cross-petition for allowance of appeal within 14 days of the date on which the first petition for allowance of appeal was served, or within the time otherwise prescribed by this rule, whichever period last expires.

(c) Special Provisions. Notwithstanding any other provision of this rule, a petition for allowance of appeal from an order shall be filed within:

(1) Three days after the entry of the order in matters arising under the Pennsylvania Election Code.

(2) Ten days of the entry of the order in matters arising under the Local Government Unit Debt Act or any similar statute relating to the authorization of public debt.

(d) Nunc Pro Tunc Filing. In addition to the right of any petitioner to seek nunc pro tunc relief in compliance with the standard set forth in case law, in a criminal case, a party may, either by self-representation or through counsel, file an application for permission to file a petition for allowance of appeal nunc pro tunc if the party directed counsel to file a petition for allowance of appeal but counsel did not do so timely. If the Supreme Court cannot determine whether nunc pro tunc relief is appropriate from the information provided, the Supreme Court may remand to the trial court for factual findings.