201 Pa. Code Rule 107
(d) Months. Whenever in any rule the lapse of a number of months after or before a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order as the day of the month from which the computation is made, unless there are not so many days in the last month so counted, in which case the period computed shall expire with the last day of such month.
(Editor’s Note: The following order was published at 54 Pa.B. 5611 (September 7, 2024):
Per Curiam
And Now, this 27th day of August, 2024, upon consideration of the requirements of the Electoral Count Reform Act of 2022, see 3 U.S.C. § 5, to expedite appeals in matters arising under the Pennsylvania Election Code with respect to the November 5, 2024 General Election, and pursuant to Article V, Section 10 of the Pennsylvania Constitution, it is Ordered as follows:
Rule 903(c)(1)(ii) of the Pennsylvania Rules of Appellate Procedure, which provides for a 10-day appeal period from an order in any matter arising under the Pennsylvania Election Code, is Temporarily Modified to provide for a 3-day appeal period; further, Pa.R.A.P. 1113(c)(1), which provides for a 10-day period for filing a petition for allowance of appeal from an order in any matter arising under the Pennsylvania Election Code, is Temporarily Modified to provide for a 3-day period. All cross-appeals and cross-petitions for allowance of appeal must also be filed within 3 days of the challenged order.
Additionally, Pa.R.A.P. 107 and Pa.R.J.A. 107 are Temporarily Suspended to the extent they specify that weekends and holidays are to be excluded in calculating the above 3-day periods.
Answers to jurisdictional statements and petitions for allowance of appeal, and separate motions to quash or dismiss appeals, will not be received in these matters. Any objection to the propriety of the appeal, including questions surrounding the appellate court’s jurisdiction, are to be raised in the appellees’ merits briefs.
In appeals that fall within the purview of this order, appellants shall file briefs within 24 hours of the filing their notice of appeal and, where applicable, jurisdictional statement. Appellees’ briefs are due within 24 hours of the filing of appellants’ briefs. Further, Pa.R.A.P. 2113 (regarding reply briefs) is Temporarily Suspended in these matters; no reply briefs will be permitted absent order of court.
All filings related to matters encompassed by this order shall be filed electronically when counsel or the litigants have a PACFile account. Otherwise, counsel or the litigants shall contact the relevant filing office to make alternative arrangements to ensure that the filing office receives the submissions by the applicable deadline.
Pa.R.A.P. 1931(a) and (c) (regarding the deadline for transmittal of the record when complete) are Temporarily Suspended in matters subject to this order, and the record shall be transferred as soon as practicable. The lower court may transmit partially completed records in the interest of facilitating prompt resolution of any appeal in these matters.
Applications for reconsideration or reargument will not be received on matters falling under this order.
Any court deciding a matter that arises under the Pennsylvania Election Code in relation to the November 5, 2024 General Election shall append a copy of this order to its decision.
This order shall be effective August 29, 2024, and shall apply to appeals or petitions for allowance of appeal filed from orders entered after that date.
This order shall remain in effect pending further order of this Court.
The provisions of this Rule 107 added November 3, 2023, effective January 1, 2024, 53 Pa.B. 7124.