By Mandi L. Scott
Special to the Legal
On April 9, 2012, the Pennsylvania Supreme Court amended the Official Note to Pa. R.A.P. 121 and Rules 903, 1113, 1512 to clarify that subdivision (e) of Rule 121 applies to calculating the deadline for filing cross-appeals, cross-petitions for allowance of appeal and additional petitions for review.
Rule 121(e) (“Additional time after service by mail and commercial carrier”) provides that:
“Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon that party (other than an order of a court or other government unit) and the paper is served by United States mail or by commercial carrier, three days shall be added to the prescribed period.”
The official comment to Rule 121(e) expressly explains that this subdivision does not apply to the filing of a notice of appeal, a petition for allowance of appeal, a petition for permission to appeal or a petition for reconsideration or reargument because the deadlines for filing such documents run from the entry and service of an order, not a filing by another party.
However, confusion had arisen with respect to whether 121(e) applied to the filing of a cross-appeal, cross-petition for allowance of appeal and additional petitions for review because the rules governing such submissions (Rules 903, 1113 and 1512) calculated the deadline within so many days of the “filing” (rather than service) of the initiating appeal or petition. (Compare Coney Island II Inc. v. Pottsville Area School District, 497 Pa. 373, 441 A.2d 747 (1982) and Malt Beverages Distribution Association v. PLCB, No. 54 MM 2009, 2009 Pa. Lexis 1613 (Pa. Aug. 6, 2009).)
The amendments to Rules 903, 1113, 1512 simply substitute “served” for “filed” in determining the filing deadline, bringing cross-appeals, cross-petitions for allowance of appeal and additional petitions for review clearly within the application of Rule 121(e). The Official Note to Rule 121 was amended to expressly include such documents.
Mandi L. Scott is an associate with the Pittsburgh-based law firm of Goehring Rutter & Boehm, where she has been practicing since 2004. Currently, her practice focuses on appellate issues and municipal law. To contact her, e-mail [email protected].