Pennsylvania Docketing Statement: Rules 3517 and 3706, 10-Day Deadline

A Pennsylvania docketing statement is a short form the appellate court sends you after you file a notice of appeal, and you have 10 days to complete it and send it back. The Superior Court requires it under Pa. R.A.P. 3517, and the Commonwealth Court requires a parallel version under Pa. R.A.P. 3706. Miss the deadline and the court can dismiss your appeal before briefing ever begins.

What the Form Asks For

The docketing statement collects the basic facts the appellate court needs to open your file and set a schedule. Expect fields for the case caption, the lower court docket number, the names of all parties and their attorneys, and whether the matter is civil or criminal. You also list the legal issues you plan to raise, which lets the court check jurisdiction and assign the case to the appropriate panel.

The form typically asks whether related cases are pending elsewhere and whether you are seeking immediate relief such as an emergency stay. If the appeal involves the meaning of a statute or regulation, you flag that as well. The court uses this information to coordinate related matters and allocate resources before briefing.

Which Court, Which Rule

Two Pennsylvania appellate courts use docketing statements, and each has its own rule.

Superior Court Under Rule 3517

The Superior Court hears most criminal and civil appeals. When you file the notice of appeal, the Prothonotary sends you the docketing statement form, and you have 10 days to complete and return it. The rule warns plainly that failure to file can result in dismissal.¹

Commonwealth Court Under Rule 3706

The Commonwealth Court hears appeals involving state agencies, local government, and certain tax matters. Counsel for the appellant must file an original and one copy of the docketing statement, with all required attachments, within 10 days of receiving the notice of docketing.² Check any court-specific instructions that come with the form.

The Pennsylvania Supreme Court is different. It uses a jurisdictional statement under Pa. R.A.P. 909, not the docketing statement form described here.

How to File

The process starts on its own. After the lower court’s clerk transmits your notice of appeal and the appellate court dockets it, the Prothonotary sends you the form.¹ You do not need to hunt for the form yourself, though the court’s website also makes it available.

Electronic filing in the appellate courts runs through PACFile, not the general Pennsylvania courts portal. Pa. R.A.P. 125 requires appellate electronic filings to go through PACFile under administrative orders of the Supreme Court.³ If you are not registered for PACFile, you can file on paper. Serve a copy of the completed statement on all opposing parties.

The 10-Day Deadline and When It Starts

Both courts give you 10 days, but the clock starts a beat differently. Under Rule 3517 in the Superior Court, it begins when the Prothonotary sends you the form.¹ Under Rule 3706 in the Commonwealth Court, it begins when you receive the notice of docketing.² Ten days is tight either way. If you are still gathering information about the lower court proceedings, fill in what you have and file rather than let the deadline pass.

Fees

The docketing statement itself has no separate fee. The fee attaches to the notice of appeal that triggers it, paid to the trial court clerk, who transmits it with the notice.⁴⁵⁶ If you cannot afford the fee, you can apply for in forma pauperis status under Pa. R.A.P. 551–561.

What Happens if You Miss the Deadline

Rule 3517 states directly that failure to file the docketing statement may result in dismissal of the appeal.¹ Dismissal leaves the lower court’s ruling in place, which is generally the opposite of what you filed the appeal to accomplish. In practice, the Prothonotary’s office often issues a noncompliance notice first, giving a short window to cure. The rule does not promise that courtesy.

Pa. R.A.P. 2101 gives the appellate court broader authority to quash or dismiss when filings do not conform to the rules in material respects.⁷ An opposing party can also move to dismiss for failure to prosecute.

Correcting the Statement After Filing

If you spot an error after submitting, file an amendment promptly. Common problems include an incorrect docket number, a misspelled party name, or a legal issue you described inaccurately. Because the court uses the statement to route and schedule your case, uncorrected errors create administrative confusion.

Update the statement if your representation changes. When counsel withdraws or new counsel enters an appearance, the court needs the current contact information for orders and correspondence. If you narrow or revise the scope of the appeal, an amended statement keeps the record consistent with your later briefs.

Not the Same as a 1925(b) Statement

The docketing statement is sometimes confused with the concise statement of errors complained of on appeal under Pa. R.A.P. 1925(b). They are different documents at different stages. The docketing statement goes to the appellate court for administrative and scheduling purposes. The 1925(b) statement goes to the trial judge, and only when the judge orders it, to identify each error you plan to raise on appeal with enough specificity for the judge to address it. Any issue omitted from a 1925(b) statement is waived.⁸ Both matter, for different reasons.

Prothonotary Contacts

If you have questions about the form or your filing status, contact the Prothonotary for the court handling your appeal.

The Superior Court has three offices. Philadelphia: 530 Walnut Street, Suite 315, Philadelphia, PA 19106 (215-560-5800). Harrisburg: Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 1600, P.O. Box 62435, Harrisburg, PA 17106 (717-772-1294). Pittsburgh: Grant Building, 310 Grant Street, Suite 600, Pittsburgh, PA 15219 (412-565-7592).⁹

The Commonwealth Court Prothonotary is at the Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2100, P.O. Box 69185, Harrisburg, PA 17106 (717-255-1650).¹⁰

1
PA Code and Bulletin. 210 Pa Code Rule 3517 – Docketing Statement Form
2
PA Code and Bulletin. 210 Pa Code Rule 3706 – Docketing Statement
3
PA Code and Bulletin. 210 Pa Code Rule 125 – Electronic Filing
4
PA Code and Bulletin. 210 Pa Code Rule 905 – Filing of Notice of Appeal
5
Unified Judicial System of Pennsylvania. Copy and Fee Requirements – Commonwealth Court
6
Unified Judicial System of Pennsylvania. Copy and Fee Requirements – Superior Court
7
PA Code and Bulletin. 210 Pa Code Rule 2101 – Conformance with Requirements
8
Legal Information Institute. Pennsylvania Code 210 Pa Code Rule 1925 – Opinion in Support of Order
9
Unified Judicial System of Pennsylvania. Superior Court Prothonotary’s Addresses
10
Unified Judicial System of Pennsylvania. Commonwealth Court Prothonotary’s Address