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Rule 460 – Notice of Appeal

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) authorized by law in a summary proceeding, including an appeal following a prosecution for violation of a municipal ordinance that provides for imprisonment upon conviction or upon failure to pay a fine, an appeal shall be perfected by filing a notice of appeal within 30 days after the entry of the guilty plea, the conviction, or other final order from which the appeal is taken. The notice of appeal shall be filed with the clerk of courts.
(B) The notice of appeal shall contain the following information:

(1) the name and address of the appellant;
(2) the name and address of the issuing authority who accepted the guilty plea or heard the case;
(3) the magisterial district number in which the case was heard;
(4) the name and mailing address of the affiant as shown on the complaint or citation;
(5) the date of the entry of the guilty plea, the conviction, or other final order from which the appeal is taken;
(6) the offense(s) of which convicted or to which a guilty plea was entered, if any;
(7) the sentence imposed, and if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;
(8) the type or amount of bail or collateral, if any, furnished to the issuing authority;
(9) the name and address of the attorney, if any, filing the notice of appeal; and
(10) except when the appeal is from a guilty plea or a conviction, the grounds relied upon for appeal.
(C) Within 5 days after filing the notice of appeal, a copy shall be served either personally or by mail by the clerk of courts upon the issuing authority, the affiant, and the appellee or appellee’s attorney, if any.
(D) The issuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts:

(1) the transcript of the proceedings;
(2) the original complaint or citation, if any;
(3) the summons or warrant of arrest, if any; and
(4) the bail bond, if any.
(E) This rule shall provide the exclusive means of appealing from a summary guilty plea or conviction. Courts of common pleas shall not issue writs of certiorari in such cases.
(F) This rule shall not apply to appeals from contempt adjudications.

234 Pa. Code ยง 460

Amended by Pennsylvania Bulletin, Vol 51, No. 6. February 6, 2021, effective 2/6/2021

Committee Explanatory Reports:

FORMER RULE 86:

Final Report explaining the March 22, 1993 amendments to former Rule 86 published with the Court’s Order at 23 Pa.B. 1699 (April 10, 1993) .

Final Report explaining the October 28, 1994 amendments to former Rule 86 published with the Court’s Order at 24 Pa.B. 5843 (November 26, 1994) .

Final Report explaining the February 27, 1995 amendments to former Rule 86 published with the Court’s Order at 25 Pa.B. 935 (March 18, 1995) .

Final Report explaining the October 1, 1997 amendments to former Rule 86 published with the Court’s Order at 27 Pa.B. 5408 (October 18, 1997) .

NEW RULE 460:

Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 460 published at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the March 3, 2000 amendments concerning appeals from guilty pleas published with the Court’s Order at 30 Pa.B. 1508 (March 18, 2000) .

Final Report explaining the February 6, 2003 changes concerning electronically transmitted parking citations published at 33 Pa.B. 973 (February 22, 2003) .

Final Report explaining the February 28, 2003 Comment revision cross-referencing Rule 461 published with the Court’s Order at 33 Pa.B. 1326 (March 15, 2003) .