The Elusive Search for ‘Just Right’ in Rule 1925(b) Statements

March 10, 2008 The Legal Intelligencer

Every attorney practicing in Pennsylvania who has taken an appeal knows about and frets over the Pennsylvania Rule of Appellate Procedure 1925(b). This is the rule that permits a trial judge to order an appellate to file and serve "a concise statement of the errors complained of on appeal." Case law interpreting Rule 1925(b), unfortunately, is a minefield that can leave practitioners feeling as if they are shopping for a mattress. Some are too hard and some are too soft, and the challenge is to find the one that feels "just right." Pennsylvania attorneys also search for the elusive but "just right," Rule 1925(b) statement that trial and appellate courts will conclude is neither too long (which results in waiver of issues on appeal) nor too vague (which also results in waiver of issues on appeal).

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