Rule Text
(a) Cross-Appeals. A cross-appeal shall be argued with the initial appeal at a single argument, unless the court otherwise directs.
(b) Separate Appeals. A separate appeal shall be argued with the initial appeal at a single argument, unless the court otherwise directs. If two or more parties support the same argument, care shall be taken to avoid duplication of argument. If two or more appeals are heard together, each appellant shall open the argument on each appellant’s appeal, each appellee shall reply thereto. If permitted by the court in rebuttal, not more than two appellants will be heard in conclusion.
Amendment history: The provisions of this Rule 2322 amended May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740; amended July 18, 2024, effective January 1, 2025, 54 Pa.B. 4426. Immediately preceding text appears at serial page (402472).
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 two related appeals are filed in the same case, they will normally be heard together in one argument session. The court can decide to handle them separately, but that is not the usual way.
If multiple parties are on the same side of an argument, they should avoid repeating each other. There is no point in two lawyers making the exact same points.
When appeals are heard together, each person who filed an appeal gets to speak first on their own appeal. The other side then responds. If the court allows a rebuttal at the end, no more than two of the appealing parties can speak during that final round.
Committee Notes
See Pa.R.A.P. 2136 (briefs in cases involving cross-appeals) for inclusion of the designation of the appellant and the appellee for purposes of this chapter in the notice given by the appellate prothonotary under Pa.R.A.P. 1934 (filing of the record).
Historical Commentary
The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:
Explanatory Comment—1979
The appellate prothonotary is directed to designate the party who shall file the first brief in cases involving cross appeals where the identity of the ‘‘moving party’’ below is not readily apparent.
