Rule Text
In any matter addressed to the appellate court’s original jurisdiction where it appears that a genuine issue as to a material fact has been raised by the pleadings, depositions, answers to interrogatories, stipulations of fact, admissions on file, and supporting verified statements, if any, the court on its own motion or on application of any party shall, after notice to the parties, hold an evidentiary hearing for the development of the record.
Amendment history: The provisions of this Rule 1542 amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3862; amended January 7, 2020, effective August 1, 2020, 50 Pa.B. 505. Immediately preceeding text appears at serial pages (389964) to (389965).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a case is brought directly to an appeals court and there is a real dispute about the facts, the court will hold a hearing to sort out those facts. This can happen when the judge decides on their own to hold a hearing, or when one of the parties asks for one.
The court looks at documents like written statements, admissions, and answers to legal questions to decide if there is a genuine disagreement about the facts. If there is, a hearing must be held so both sides can present evidence. The court will give all parties notice before the hearing takes place.
Committee Notes
In view of Pa.R.A.P. 106 (original jurisdiction matters) and Pa.R.A.P. 1532 (special and summary relief), motions for judgment on the pleadings, Pa.R.C.P. 1034, summary relief and summary judgment, Pa.R.C.P. 1035.1—1035.5, will be available where a petition for review invoking the appellate court’s original jurisdiction has been filed. The procedure under this rule is intended to be flexible, although it remains subject to the control of the appellate court either by rule of court adopted pursuant to Pa.R.A.P. 104(a)(3) or by order.
