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Mr Ray my motion for reconsideration got denied. What is the…

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Hi Mr Ray my motion...
Hi Mr Ray my motion for reconsideration got denied. What is the time limit to file for notice of appeal since I am out of town and will be back home on Jan,2
Submitted: 6 months ago.Category: Legal
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12/27/2017
Lawyer: Ray, Lawyer replied 6 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,254
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 6 months ago

Forms

http://www.pacourts.us/assets/files/setting-891/file-763.pdf?cb=f0ee84

Rule 904. Content of the Notice of Appeal.

(a) Form.—Except as otherwise prescribed by this rule, the notice of appeal shall be in substantially the following form:

COURT OF COMMON PLEAS
OF COUNTY

A.B., Plaintiff:

v.

C.D., Defendant:

Docket or File No.

Offense Tracking Number

NOTICE OF APPEAL

Notice is hereby given that C.D., defendant above named, hereby appeals to the (Supreme) (Superior) (Commonwealth) Court of Pennsylvania from the order entered in this matter on the

day of 20 . This order has been entered in the docket as evidenced by the attached copy of the docket entry. (S)(Address and telephone number)

(b) Caption.—The parties shall be stated in the caption as they stood upon the record of the trial court at the time the appeal was taken.

(c) Request for transcript.—The request for transcript contemplated by Pa.R.A.P. 1911 or a statement signed by counsel that either there is no verbatim record of the proceedings or the complete transcript has been lodged of record shall accompany the notice of appeal, but the absence of or defect in the request for transcript shall not affect the validity of the appeal.

(d) Docket entry.—The notice of appeal shall include a statement that the order appealed from has been entered on the docket. A copy of the docket entry showing the entry of the order appealed from shall be attached to the notice of appeal.

(e) Content in criminal cases.—When the Commonwealth takes an appeal pursuant to Pa.R.A.P. 311(d), the notice of appeal shall include a certification by counsel that the order will terminate or substantially handicap the prosecution.

(f) Content in children’s fast track appeals.—In a children’s fast track appeal the notice of appeal shall include a statement advising the appellate court that the appeal is a children’s fast track appeal.

Official Note

The Offense Tracking Number (OTN) is required only in an appeal in a criminal proceeding. It enables the Administrative Office of the Pennsylvania Courts to collect and forward to the Pennsylvania State Police information pertaining to the disposition of all criminal cases as provided by the Criminal History Record Information Act, 18 Pa.C.S. § 9101, et seq.

The notice of appeal must include a statement that the order appealed from has been entered on the docket. The appellant does not need to certify that the order has been reduced to judgment. This omission does not eliminate the requirement of reducing an order to judgment before there is a final appealable order where required by applicable practice or case law.

With respect to paragraph (e), in Commonwealth v. Dugger, 486 A.2d 382, 386 (Pa. 1985), the Supreme Court held that the Commonwealth’s certification that an order will terminate or substantially handicap the prosecution is not subject to review as a prerequisite to the Superior Court’s review of the merits of the appeal. The principle in Dugger has been incorporated in and superseded by Pa.R.A.P. 311(d). Commonwealth v. Dixon, 907 A.2d 468, 471 n.8 (Pa. 2006). Thus, the need for a detailed analysis of the effect of the order, formerly necessarily a part of the Commonwealth’s appellate brief, has been eliminated.

A party filing a cross-appeal should identify it as a cross-appeal in the notice of appeal to assure that the prothonotary will process the cross-appeal with the initial appeal. See also Pa.R.A.P. 2113, 2136, and 2185 regarding briefs in cross-appeals and Pa.R.A.P. 2322 regarding oral argument in multiple appeals.

Has to be filed within 10 days

Rule 903. Time for Appeal.

(a) General rule. Except as otherwise prescribed by this rule, the notice of appeal required by Rule 902 (manner of taking appeal) shall be filed within 30 days after the entry of the order from which the appeal is taken.

(b) Cross appeals. Except as otherwise prescribed in subdivision (c) of this rule, if a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days of the date on which the first notice 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:

(1) An appeal from any of the following orders shall be taken within ten days after the entry of the order from which the appeal is taken:

(i) An order changing venue or venire in a criminal proceeding. See Rule 311(a)(3) (change of criminal venue or venire).

(ii) An order in any matter arising under the Pennsylvania Election Code.

(iii) An order in any matter arising under the Local Government Unit Debt Act or any similar statute relating to the authorization of public debt.

(2) Where an election has been filed under Rule 311(b) (order sustaining venue or personal or in rem jurisdiction), the notice of appeal shall be filed within 30 days after the filing of the election.

(3) In a criminal case in which no post-sentence motion has been filed, the notice of appeal shall be filed within 30 days of the imposition of the judgment of sentence in open court.

I appreciate the chance to help you and wish you the best here.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 6 months ago
I am confused, so since it’s not a criminal case that mean I have 20 days?
Lawyer: Ray, Lawyer replied 6 months ago

Sorry you have 30 days..

Rule 903. Time for Appeal.

(a) General rule. Except as otherwise prescribed by this rule, the notice of appeal required by Rule 902 (manner of taking appeal) shall be filed within 30 days after the entry of the order from which the appeal is taken.

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Customer reply replied 6 months ago
As you know this is not final order and they are not letting me file anything. Within 30 days I filed motion to vacate and I did not get the answer till Nov,28, then I filed motion for reconsideration and it is denied.
So what are my options? Can I still file the appeal?
Lawyer: Ray, Lawyer replied 6 months ago

Yes I would give notice asap and go from there.

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Lawyer: Ray, Lawyer replied 6 months ago

Happy New year and thanks again for rating 5 stars at top of page.

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Customer reply replied 6 months ago
I am going back home on Jan,2 and will do it
Lawyer: Ray, Lawyer replied 6 months ago

Good deal thanks for rating 5 stars talk to you again soon.Happy New Year.

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