Wednesday, August 16, 2006

appeals - preservation of issues

B.C. v. Penn Manor School District - Commonwealth Court - August 13, 2006

http://www.courts.state.pa.us/OpPosting/CWealth/out/1150CD05_8-15-06.pdf

"[W]hen an issue was not raised below, it will not be addresed for the first time in this court. Pa. R.A.P. 1551. To preserve an issue for review, a litigant must make a timely objection at the hearing before the lower tribunal....Furthermore, the Rules of Appellate Procedure require a petitioner to set forth the location in the record where the issue was raised and preserved below. See Pa. R.A.P. 2117(c) (requiring the statement of the case in an appellate brief to identify the place and manner in which the issues were raised and preserved below); and Pa. R.A.P. 2119(c) (requiring argument in an appellate brief to identify where the issues were raised below.)"