Current through Register Vol. 54, No. 49, December 7, 2024
Rule 2116 - Statement of Questions Involved(a)General rule.-The statement of the questions involved must state concisely the issues to be resolved, expressed in the terms and circumstances of the case but without unnecessary detail. The statement will be deemed to include every subsidiary question fairly comprised therein. No question will be considered unless it is stated in the statement of questions involved or is fairly suggested thereby. Each question shall be followed by an answer stating simply whether the court or government unit agreed, disagreed, did not answer, or did not address the question. If a qualified answer was given to the question, appellant shall indicate the nature of the qualification, or if the question was not answered or addressed and the record shows the reason for such failure, the reason shall be stated briefly in each instance without quoting the court or government unit below.(b)Discretionary aspects of sentence. An appellant who challenges the discretionary aspects of a sentence in a criminal matter shall include any questions relating to the discretionary aspects of the sentence imposed (but not the issue whether the appellate court should exercise its discretion to reach such question) in the statement required by paragraph (a). Failure to comply with this paragraph shall constitute a waiver of all issues relating to the discretionary aspects of sentence.The provisions of this Rule 2116 amended May 16, 1979, effective 9/30/1979, 9 Pa.B. 1740; amended May 16, 1979, effective 6/2/1979, 9 Pa.B. 1753; amended July 11, 2008, effective 30 days after adoption and shall apply to all briefs filed after the effective date; amended March 27, 2013, effective and applies to all appeals and petitions for review filed 60 days after adoption, 43 Pa.B. 2007; amended May 28, 2014, effective 7/1/2014, 44 Pa.B. 3493.