(a) Except as
otherwise prescribed by this rule, subject to Pa.R.A.P. 123, any party may
move:
(1) To transfer the record of the matter
to another court because the matter should have been commenced in, or the
appeal should have been taken to, such other court. See
Pa.R.A.P. 741.
(2) To transfer to
another appellate court under Pa.R.A.P. 752.
(3) To dismiss for want of jurisdiction in
the unified judicial system of this Commonwealth.
(4) To dismiss for mootness.
(5) To dismiss for failure to preserve the
question below, or because the right to an appeal has been otherwise waived.
See Pa.R.A.P. 302 and Pa.R.A.P. 1551(a).
(6) To continue generally or to quash because
the appellant is a fugitive.
(7) To
quash for any other reason appearing on the record.
Any two or more of the grounds specified in this rule may
be joined in the same motion. Unless otherwise ordered by the appellate court,
a motion under this rule shall not relieve any party of the duty of filing his
or her briefs and reproduced records within the time otherwise prescribed
therefor. The court may grant or refuse the motion, in whole or in part; may
postpone consideration thereof until argument of the case on the merits; or may
make such other order as justice may require.
(b) In a children's fast track appeal, a
dispositive motion filed under subparagraphs (a)(1), (a)(2), (a)(5), (a)(6) or
(a)(7) of this rule shall be filed within 10 days of the filing of the
statement of errors complained of on appeal required by Pa.R.A.P. 905(a)(2), or
within 10 days of the lower court's filing of a Pa.R.A.P. 1925(a)(2) opinion,
whichever period expires last, unless the basis for seeking to quash the appeal
appears on the record subsequent to the time limit provided herein, or except
upon application and for good cause shown.
Notes
The
provisions of this Rule 1972 amended May 16, 1979, effective
9/30/1979, 9 Pa.B. 1740; amended
February 27, 1980, 10 Pa.B. 1038, effective date as set forth at 10 Pa.B. 1038;
amended September 10, 2008, effective 12/1/2008, 38 Pa.B. 5257; amended January 13,
2009, effective as to all appeals filed 60 days or more after adoption, 39
Pa.B. 1094; amended April 1, 2015, effective 5/1/2015, 45 Pa.B.
1943.
