Should I Appeal to the Superior Court or the Commonwealth Court?

If you have lost a trial in Pennsylvania, or had a case dismissed on summary judgment or as a part of preliminary objections and you want to appeal, how do you know which court to appeal to? We have two intermediate appellate courts in Pennsylvania, known as the Superior Court and the Commonwealth Court.

The Superior Court: the Default Option

Most appeals go to the Superior Court of Pennsylvania. The Superior Court is considered our intermediate appellate court of general jurisdiction. This means that the Superior Court hears most appeals unless there is a specific exception or statute that diverts it to another place. Criminal cases (with the exception of death penalty appeals), family law case and most civil cases are appealed to the Superior Court.

The Superior Court hears most appeals that are from the Orphan’s Court or the Civil Division of the Court of Common Pleas that don’t involve a government entity. There are some exceptions to this, and it’s important to carefully check the statutory code that governs your case to understand to which court your appeal should go.

The Commonwealth Court: Government Appeals, among other things

The Commonwealth Court hears more limited types of appeals, such as those that relate to government agencies, taxation, appeals from administrative boards, open office records appeals, and certain other limited appeals. If you are appealing from a “board” or administrative law judge, the appeal often goes to the Commonwealth Court.

Another quirky thing about the Commonwealth Court in Pennsylvania is that it holds “original jurisdiction” over limited matters. In short, when you’re suing the government of Pennsylvania, you usually have to start here, not in a “normal” trial court.

The Supreme Court of Pennsylvania

The Supreme Court of Pennsylvania also has certain types of direct appeal jurisdiction, including those related to death penalty cases and certain types of cases related to elections, as well as any case in the original jurisdiction of the Commonwealth Court. Pennsylvania’s highest court holds unusually strong powers in Pennsylvania’s government under Article V of the Pennsylvania Constitution. The Supreme Court also hears certain direct appeals where the right to practice law or represent a client is implicated.

What’s the penalty for filing the appeal in the wrong court?

Is it a big deal if you pick the wrong court to file in? Short answer: YES. Make sure you have the write court and know the statutory basis for your appeal. Don’t just assume your appeal goes to the Superior Court. If you file in the wrong court, you can sometimes have the appeal “transferred” to the right place. In other situations, it may be thrown out completely. It’s best to check and double check before making a filing decision when you appeal.

Contact an appellate lawyer for help.

When you’ve lost a case, it’s extremely important to have lawyers who understand the complex system of appeals in Pennsylvania, including your limited post-trial motion deadlines and where to bring the proper appeal. Developing and bringing an appeal is not like a trial. It’s not asking an appellate court to do something different than the court below did. It requires showing that an error of law was made and appropriately preserved on the record. If you are involved in a case that needs an appeal, contact the attorneys at Cornerstone Law Firm today so we can talk to you about your options.