Pennsylvania Notice of Appeal
Pennsylvania defines entry itself as the date the prothonotary dockets notice that the order was served, not the date the judge signs it, and a separate rule, Pa.R.A.P. 105(b), bars the court from enlarging that time.
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Introduction
In Pennsylvania, a notice of appeal from a final civil judgment must be filed within 30 days after entry of the order, but entry is a defined term, not the date the judge signs the order: Pa.R.A.P. 108(b) makes the date of entry the date the prothonotary makes a docket notation that written notice of the order was given under Pa.R.Civ.P. 236(b), so the 30-day clock starts when that notice-of-entry docket notation is made (Pa.R.A.P. 903(a); 108(a)-(b); Pa.R.Civ.P. 236(a)-(b)). The deadline generally cannot be extended: Pa.R.A.P. 105(b) states that the court may not enlarge the time for filing a notice of appeal, and the rule's own Comment preserves only the court's inherent power to grant relief for fraud or a breakdown in the court's own processes, a narrow, case-law-based exception rather than an extension available on request. The notice is filed with the prothonotary of the trial court that entered the order, never with the appellate court, no matter which appellate court will hear the appeal (Pa.R.A.P. 905(a)(1)). The notice names the appellate court the appeal is taken to, and the Pa.R.A.P. 904(a) form text provides for an appeal to the Superior, Commonwealth, or Supreme Court of Pennsylvania; confirm which court hears your appeal before filing. There is no single mandatory numbered form for a general civil notice of appeal: Pa.R.A.P. 904(a) instead sets out a sample form that the notice must substantially follow, a template rather than an official form filers must reproduce exactly, and it must state that the order has been entered on the docket with a copy of the docket entry attached (Pa.R.A.P. 904(a), (d)). Filing requires an appeal fee payable to the Superior Court plus a separate county prothonotary filing fee that varies by county (confirm the current fee with the clerk), and a fee waiver previously granted in the trial court continues in an appeal of the same case (Pa.R.A.P. 551(a)). Filing the notice does not by itself stop the other side from collecting on the judgment. Unless otherwise ordered, an appeal from an order involving solely the payment of money operates as a supersedeas upon filing with the trial court clerk security of 120 percent of the amount found due by the lower court and remaining unpaid (Pa.R.A.P. 1731(a)); a stay of a support, alimony, equitable-distribution, or counsel-fee order instead requires a trial-court application and order (Pa.R.A.P. 1731(b)). Pennsylvania has no separate small-claims court: a Magisterial District Judge judgment is instead appealed to the court of common pleas as a trial de novo, on a form prescribed by the State Court Administrator, generally within 30 days after entry of the judgment, though a judgment for possession of residential property gets only 10 days, or 30 days for a tenant who is a domestic-violence victim and files a domestic-violence affidavit (Pa.R.C.P.M.D.J. 1001, 1002.A-B, 1004.A-C). An appeal to the Superior or Commonwealth Court reviews the trial court record for legal error; it is not a new trial, unlike the Magisterial District Judge route. This page covers a civil appeal from a court of common pleas final judgment. Criminal, administrative-agency, federal, and interlocutory appeals follow separate procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
- 1
The notice of appeal is due 30 days after entry of the order, but entry is not the date the judge signs it: Pa.R.A.P. 108(b) defines the date of entry as the date the prothonotary dockets a notation that written notice of the order was given under Pa.R.Civ.P. 236(b), so the clock starts when that notice-of-entry docket notation is made (Pa.R.A.P. 903(a); 108(a)-(b)). The deadline generally cannot be extended: Pa.R.A.P. 105(b) states the court may not enlarge the time for filing a notice of appeal.
- 2
The only exception is not a standing rule provision: the Comment to Pa.R.A.P. 105(b) preserves the court's inherent power to grant relief for fraud or a breakdown in the court's own processes, a narrow, case-law-based exception, not an extension available for the asking.
- 3
File the notice with the prothonotary of the trial court that entered the order, never with the appellate court, no matter which appellate court will hear the appeal (Pa.R.A.P. 905(a)(1)). The notice names the appellate court, and the Pa.R.A.P. 904(a) form text provides for an appeal to the Superior, Commonwealth, or Supreme Court of Pennsylvania; confirm which court hears your appeal before filing.
- 4
There is no single mandatory numbered form for a general civil notice of appeal. Pa.R.A.P. 904(a) sets out only a sample form that the notice must substantially follow, and the notice must state the order appealed from, the date it was entered, and include a copy of the docket entry showing the entry (Pa.R.A.P. 904(a), (d)).
- 5
Filing requires an appeal fee payable to the Superior Court plus a separate county prothonotary filing fee that varies by county; confirm the current fee with the clerk. A fee waiver previously granted in the trial court continues in an appeal of the same case (Pa.R.A.P. 551(a)).
- 6
Filing the notice does not by itself stop the judgment creditor from collecting. Unless otherwise ordered, an appeal from an order involving solely the payment of money operates as a supersedeas upon filing with the trial court clerk security of 120 percent of the amount found due by the lower court and remaining unpaid (Pa.R.A.P. 1731(a)); a stay of a support, alimony, equitable-distribution, or counsel-fee order instead requires a trial-court application and order (Pa.R.A.P. 1731(b)).
- 7
Pennsylvania has no separate small-claims court. A Magisterial District Judge judgment is instead appealed to the court of common pleas as a trial de novo on a form prescribed by the State Court Administrator, generally within 30 days after entry of the judgment; a judgment for possession of residential property gets only 10 days, extended to 30 with a domestic-violence affidavit (Pa.R.C.P.M.D.J. 1001, 1002.A-B, 1004.A-C).
Key decisions before you file
Before you file a Notice of Appeal in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Pennsylvania Requirements for Notice of Appeal
30-Day Deadline Runs From Docketed Notice of Entry
The notice of appeal must be filed within 30 days after entry of the order, and entry is the date the prothonotary dockets a notation that written notice of the order was given under Pa.R.Civ.P. 236(b), not the date the order was signed (Pa.R.A.P. 903(a); 108(a)-(b)).
Deadline Generally Cannot Be Extended
Pa.R.A.P. 105(b) states the court may not enlarge the time for filing a notice of appeal. The rule's Comment preserves only the court's inherent power to grant relief for fraud or a breakdown in the court's own processes, a narrow, case-law-based exception.
Filed With the Trial Court Prothonotary
The notice of appeal is filed with the prothonotary of the trial court that entered the order, never with the appellate court, regardless of which appellate court will hear the appeal (Pa.R.A.P. 905(a)(1)).
Notice Names the Appellate Court
The notice names the appellate court the appeal is taken to; the Pa.R.A.P. 904(a) form text provides for an appeal to the Superior, Commonwealth, or Supreme Court of Pennsylvania. Confirm which court hears your appeal before filing.
No Mandatory Numbered Form for a General Appeal
Pa.R.A.P. 904(a) sets out only a sample form that the notice must substantially follow, and the notice must state that the order has been entered on the docket, with a copy of the docket entry attached (Pa.R.A.P. 904(d)).
Appeal Fee Plus a Separate County Filing Fee
Filing requires an appeal fee payable to the Superior Court plus a separate county prothonotary filing fee that varies by county; confirm the current fee with the clerk. A fee waiver previously granted in the trial court continues in an appeal of the same case (Pa.R.A.P. 551(a)).
Supersedeas Bond Needed to Stay a Money Judgment
Filing the notice does not by itself stop collection. Unless otherwise ordered, an appeal from an order involving solely the payment of money operates as a supersedeas upon filing with the trial court clerk security of 120 percent of the amount found due by the lower court and remaining unpaid (Pa.R.A.P. 1731(a)); a stay of a support, alimony, equitable-distribution, or counsel-fee order requires a trial-court application and order (Pa.R.A.P. 1731(b)).
Transcript Request Must Accompany the Notice
A request for the transcript under Pa.R.A.P. 1911, or a statement that no verbatim record exists or the transcript is already of record, must accompany the notice of appeal (Pa.R.A.P. 904(c)).
Magisterial District Judge Appeal Is a Trial De Novo
A Magisterial District Judge judgment is appealed to the court of common pleas as a trial de novo on a form prescribed by the State Court Administrator, generally within 30 days after entry of the judgment, 10 days for residential-possession judgments, or 30 with a domestic-violence affidavit (Pa.R.C.P.M.D.J. 1001, 1002.A-B, 1004.A-C).