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Pennsylvania Appellate Law and Practice

Who may appeal?

When appealing a case, it is important to know who has the right to appeal.

In Pennsylvania, this is generally laid out in the court rules. See, for example:

"Except where the right of appeal is enlarged by statute, any party who is aggrieved by an appealable order, or a fiduciary whose estate or trust is so aggrieved, may appeal therefrom." Pa.R.A.P. 501.

Secondary sources often provide additional guidance. See, for example:

"Any party who is aggrieved by an appealable order may appeal. In general, the parties to the matter in the lower court are deemed to be parties in the appellate court." Dunlap-Hanna Pennsylvania Forms, § 231.07.

Many of the resources listed below provide additional information, including explanations and citations to relevant cases, on who may appeal.

It may also be beneficial to consult the statutes and caselaw. See the Court Rules, Statutes, and Caselaw page of this guide for more information.

Treatises and Practice Aids

The following member database includes information regarding who may appeal in Pennsylvania. Members must be logged in to jenkinslaw.org to access this database. This database is also available in the library.

The chapters/sections listed below are included as a starting place for that resource. Additional chapters/sections may apply. Consult the index or conduct a search in the resource to find additional material.

Pennsylvania Law Encyclopedia
Available on the LexisNexis Digital Library. See "Appeals" (vol. 2) Chapter 3: Right of Review, Chapter 5: Parties, and Chapter 13: Parties Entitled to Allege Error.
Also on the library's Lexis computers and in print.

The following print resources include information regarding who may appeal in Pennsylvania. Some resources published by LexisNexis and West/Thomson Reuters may be available on the library's Lexis and Westlaw computers. See below for more information.

The chapters/sections listed below are included as a starting place for that resource. Additional chapters/sections may apply. Consult the index or conduct a search in the resource to find additional material.

Dunlap-Hanna Pennsylvania Forms LexisNexis
Also on the library's Lexis computers.
See § 231.07: Who May Appeal and Who Are Parties to Appeal.

Pennsylvania Appellate Practice West/Thomson Reuters
Also on the library's Westlaw computers. Also referred to as Darlington.
See Chapter 5: Persons Who May Take or Participate in Appeals.

Pennsylvania Civil Practice Handbook Bisel
See § 37.5: Parties.

Pennsylvania Law Encyclopedia LexisNexis
Also on the library's Lexis computers and the LexisNexis Digital Library.
See "Appeals" Chapter 3: Right of Review, Chapter 5: Parties, and Chapter 13: Parties Entitled to Allege Error.

Standard Pennsylvania Practice 2d West/Thomson Reuters
Also on the library's Westlaw computers.
See Chapter 85, Part IV: Persons Entitled to Appeal or to Participate in Appeal (§§ 85:77-85:110).

Court Rules

When participating in a court case, it is important to follow the correct set of court rules. The Pennsylvania Rules of Appellate Procedure (Pa.R.A.P.) are freely available online in Title 210 of the Pennsylvania Code. Select rules address who may appeal. Please note that additional rules may also apply.

Pa.R.A.P. Chapter 5 (R. 501-561) - Persons Who May Take Or Participate In Appeals

For additional places to find Pennsylvania Court Rules, including in print and on the library's Lexis, Westlaw, and Bloomberg Law computers, see the Pennsylvania Court Rules - State guide.