1. (a) General Rule. Except as otherwise prescribed by this rule, a petition for allowance of appeal shall be filed with the Prothonotary of the Supreme Court within 30 days after the entry of the order of the Superior Court or the Commonwealth Court sought to be reviewed.

   1. (1) If a timely application for reargument is filed in the Superior Court or Commonwealth Court by any party, the time for filing a petition for allowance of appeal for all parties shall run from the entry of the order denying reargument or from the entry of the decision on reargument, whether or not that decision amounts to a reaffirmation of the prior decision.
   2. (2) Except as provided by subdivision (a)(3), the Superior Court or the Commonwealth Court may act on the application for reargument within 60 days after it is filed.
   3. (3) In a children’s fast track appeal, the Superior Court may act on the application for reargument within 45 days after it is filed.

   4. (4) If an appellate court does not act on an application for reargument within the prescribed time period set forth in subdivisions (a)(2) and (a)(3):

      1. (i) The application for reargument shall be deemed denied.
      2. (ii) The prothonotary of the appellate court shall immediately enter an order denying the application and give notice of entry of the order denying the application to each party who has appeared in the appellate court.
      3. (iii) A petition for allowance of appeal filed before the disposition of an application for reargument shall have no effect. A new petition for allowance of appeal shall be filed within the prescribed time measured from the entry of the order denying or otherwise disposing of such an application for reargument.
2. (b) Cross-Petitions for Allowance of Appeal. Except as otherwise prescribed in subdivision (c), if a timely petition for allowance of appeal is filed by a party, any other party may file a cross-petition for allowance of appeal within 14 days of the date on which the first petition for allowance of appeal was served, or within the time otherwise prescribed by this rule, whichever period last expires.

3. (c) Special Provisions. Notwithstanding any other provision of this rule, a petition for allowance of appeal from an order in any matter arising under any of the following shall be filed within ten days after the entry of the order sought to be reviewed:

   1. (1) Pennsylvania Election Code; and
   2. (2) Local Government Unit Debt Act or any similar statute relating to the authorization of public debt.

4. (d) Nunc Pro Tunc Filing. In addition to the right of any petitioner to seek nunc pro tunc relief in compliance with the standard set forth in case law, in a criminal case, a party may, either by self-representation or through counsel, file an application for permission to file a petition for allowance of appeal nunc pro tunc if the party directed counsel to file a petition for allowance of appeal but counsel did not do so timely. If the Supreme Court cannot determine whether nunc pro tunc relief is appropriate from the information provided, the Supreme Court may remand to the trial court for factual findings.

   Comment

   See Pa.R.A.P. 903, cmt. (time for appeal).

   Regarding subdivision (b), a party filing a cross-petition for allowance of appeal should identify it as a cross-petition to assure that the prothonotary will process the cross-petition with the initial petition. See also Pa.R.A.P. 511 (cross-appeals), Pa.R.A.P. 2136 (briefs in cases involving cross-appeals), and Pa.R.A.P. 2322 (cross- and separate appeals).

   Unlike the Rules of Appellate Procedure governing cross-appeals as of right, the rules governing appeals by allowance do not contain an aggrievement standard. Kramer v. Nationwide Property and Casualty Insurance Co., 313 A.3d 1031, 1042-44 (Pa. 2024). Thus, if a petition for allowance of appeal is filed challenging a final order of the Superior Court or the Commonwealth Court, and, in that order, the intermediate appellate court rules against the respondent on an issue, the respondent must file a cross-petition for allowance of appeal if the respondent wishes to seek discretionary review of that issue. If a respondent fails to timely file a cross-petition for allowance of appeal, and the Supreme Court reverses the judgment of the intermediate appellate court, the respondent’s only recourse is to seek leave to file a nunc pro tunc cross-petition for allowance of appeal. Kramer v. Nationwide Property and Casualty Insurance Co., 313 A.3d 1031, 1042-44, 1044 n.18 (Pa. 2024); Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, P.C., 137 A.3d 1247, 1260 (Pa. 2016) (Saylor, C.J., concurring); id. (Todd, J., concurring).

   Regarding subdivision (d), an application for nunc pro tunc relief pursuant to Pa.R.A.P. 123 should contain averments and documentation in support of the request. Such an application may eliminate the need for a criminal defendant to vindicate the right to file a petition for allowance of appeal through post-conviction proceedings and preserve judicial resources. This method is available because the Supreme Court has recognized that a criminal defendant has a right to have counsel petition for allowance of appeal. Pa.R.Crim.P. 120 and 122 require counsel to represent clients through all stages of a direct appeal, and this places on counsel an obligation to file a petition for allowance of appeal if the client requests one, and to represent the client in the Pennsylvania Supreme Court, if allowance of appeal is granted. Parties seeking nunc pro tunc relief must act promptly to assert such a right upon learning of the existence of the basis for such relief. See, e.g., Commonwealth v. Bassion, 568 A.2d 1316 (Pa. Super. 1990). Additionally, nothing in this rule is intended to expand upon the jurisdictional time limitations of the Post Conviction Relief Act, 42 Pa.C.S. § § 9541 et seq.

   Historical Commentary

   The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

   Explanatory Comment—2002

   See Comment following Pa.R.A.P., Rule 511.

Source

The provisions of this Rule 1113 amended through April 26, 1982, effective September 12, 1982, 12 Pa.B. 1536; amended October 18, 2002, effective December 2, 2002, 32 Pa.B. 5402; amended January 13, 2009, effective as to all appeals filed 60 days or more after adoption, 39 Pa.B. 1094; amended April 9, 2012, effective in 30 days, 42 Pa.B. 2269; amended January 7, 2020, effective May 1, 2020, 50 Pa.B. 535; amended July 15, 2025, effective October 1, 2025, 55 Pa.B. 4961. Immediately preceding text appears at serial pages (416458) and (420457) to (420458).