Legal Question in Appeals and Writs in Pennsylvania

if you would appeal a judges decision does it go before a different judge?


Asked on 9/06/11, 4:17 pm

1 Answer from Attorneys

Usually, yes, but It depends. If a case was heard by a district magistrate, an appeal may first go to the court of common pleas, so yes there would be a different judge. Same is true of a case that is heard in the court of common pleas; it gets appealed to the Pennsylvania Superior Court and is heard by a three-judge panel. For decisions which arise before a hearing board (worker's compensation or a public utility), those decisions by a board go to the court of common pleas and then a three-judge panel of the Commonwealth Court. In rare cases, a trial or appeals court will sit "en banc" meaning a panel of 7 or 9 judges who will hear the case and who may have the original judge who heard your case as well as other judges on the court.

You can sometimes ask for reconsideration in whatever court your case was heard by a judge. However, this is not an appeal. Usually, the same judge rules on your request for reconsideration and you have to have grounds for asking for reconsideration - like new evidence that you discovered or some other error which requires the grant of a new trial or decision.

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Answered on 9/06/11, 8:30 pm


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