Appellate Court Overrules Trial Court's Application of Archaic Local Rule

The Superior Court has ruled against another archaic local rule in its recent decision in the case of Biros v. U Lock, Inc., No. 113 WDA 2024 (Pa. Super. Aug. 1, 2025 Lazarus, P.J., Bowes, J., and King, J.) (Op. by Lazarus, P.J.).

In this matter, the court vacated the trial court Order out of the Common Pleas of Westmoreland County in which the trial court had denied, with prejudice, an appellant’s Motion to file her Pa. R.A.P. 1925(b) Concise Statement of Errors Complained of on Appeal, nunc pro tunc.  

The appellate court noted that the appellant had timely filed her Notice of Appeal but her otherwise compliant electronic filing was rejected by a County Prothonotary pursuant to a local rule of court requiring that notices of appeal be filed in person or by mail.  

The appellate court further held that the trial court lacked jurisdiction to deny the appellant’s Motion to Leave to File a Rule 1925(b) Statement while the appellant’s Petition for Allowance of Appeal to the Supreme Court of Pennsylvania remain pending.  

The Superior Court noted that, Pa. R.C.P. 205.4(e)(2) bars any refusal of an otherwise compliant pleading for filing based upon a requirement of a local rule pertaining to the electronic filing of legal papers.  The court found that Westmoreland County’s requirement that notices of appeal could be filed only in person or by mail was such a local rule. 

Accordingly, the appellate court ruled that the appellant’s initial filing was properly and timely filed and was sufficient to initiate the appeal.  

As such, the appellate court vacated the trial court’s Order and remanded the case for further proceedings.  

Anyone wishing to review a copy of this decision may click this LINK.

Source:  The Legal Intelligencer State Appellate Case Alert, www.Law.com (Aug. 19, 2025).

Source of image: Photo by Priyank V on www.unsplash.com.