§ 2756. Matters or documents filed in the office of the clerk of the courts.
(a) General rule.--All applications for relief or other documents relating to the following matters shall
be filed in or transferred to the office of the clerk of the courts:
(1) Criminal matters including all related motions and filings.
(2) Road, liquor, municipal and other miscellaneous civil matters formerly within the
jurisdiction of the Courts of Oyer and Terminer, General Jail Delivery, and Quarter
Sessions of the Peace.
(3) Other matters to the extent provided by law or the local ordinance or resolution creating
or recognizing the cause of action.
(b) Exceptions.--
(1) Subsection (a)(2) and (3) shall not be applicable in the fifth judicial district.
(2) The clerk of the courts of any county may file in the office of the prothonotary of
the county and in the Administrative Office a written waiver of all or any part of
subsection (a)(2) and (3), whereupon the provisions so waived shall not be applicable
in the county.
Cross References. Section 2756 is referred to in sections 2703, 2736 of this title.
Notes of Decisions
Cited in
15
cases (
2 in the last 5 years), 1982–2025 · leading case:
Commonwealth v. Blystone, 617 A.2d 778 (Pa. Super. Ct. 1992).
Commonwealth v. Blystone, 617 A.2d 778 (Pa. Super. Ct. 1992).
· cites it 3× “Upon receipt of a motion for post-conviction relief, the clerk of the court must immediately docket the motion and thereafter transmit it, along with the record, to the trial judge.”
Com. v. Cosby Jr., W., 224 A.3d 372 (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 2756(a)(1). Additionally, [the a]ppellant has the duty to ensure that all documents essential to his case are included in the certified record.”
Commonwealth v. Walker, 878 A.2d 887 (Pa. Super. Ct. 2005).
“42 Pa.C.S. § 2756(a)(1). Additionally, Appellant has the duty to ensure that all documents essential to his case are included in the certified record.”
Commonwealth v. Tedesco, 550 A.2d 796 (Pa. Super. Ct. 1988).
· cites it 2× “A document in any criminal matter must be filed with the office of the clerk of courts, 42 Pa.C.S. § 2756(a), who in Philadelphia is known as the Clerk of Quarter Sessions.”
Ibn-Sadiika v. Riester, 551 A.2d 1112 (Pa. 1988).
“A panel of this Court, however, refused to consider any of the issues raised on appeal, as the post-trial motions had not been properly filed with the clerk of courts, in violation of 42 Pa.C.S. § 2756(a)(1). The Supreme Court denied allocatur.”
Commonwealth v. Rice, 902 A.2d 542 (Pa. Super. Ct. 2006).
“See 42 Pa. C.S. § 2756(a)(1) (all motions for relief in criminal matters shall be filed or transferred to the office of the clerk of courts).”
Commonwealth v. Lynch, 450 A.2d 664 (Pa. Super. Ct. 1982).
“A document in any criminal matter must be filed in the office of the clerk of courts, 42 Pa.C.S. § 2756(a), who in Philadelphia is known as the Clerk of Quarter Sessions.”
In Re Admin. Order No. 1-Md-2003, 882 A.2d 1049 (Pa. Commw. Ct. 2005).
· cites it 2× “42 Pa.C.S. § 2756(a)(1). The powers and duties of the clerk of courts include the "duties as may .”
Com., Dept. of Transp. v. Johns, 621 A.2d 1064 (Pa. Commw. Ct. 1993).
· cites it 2× “[2] Sections 2756, 2757, and 4301 of the Judicial Code, 42 Pa.C.S. §§ 2756, 2757, 4301. [3] A vehicle is a device for the transportation of people or property upon a highway, and a motor vehicle is a self-propelled vehicle.”
Commonwealth v. Nixon, 457 A.2d 972 (Pa. Super. Ct. 1983).
“What we have said with respect to post-verdict motions is equally applicable to motions to modify sentence: [Ljeaving motions in the judge’s chambers, or even handing a copy to the judge in the courtroom or elsewhere, does not constitute filing.”
Commonwealth v. Reyes, 611 A.2d 190 (Pa. 1992).
“As a preliminary matter we note that under 42 Pa.C.S. § 2756, the filing procedure utilized herein was correct: § 2756.”
Commonwealth v. $1155.00 Cash, 909 A.2d 12 (Pa. Commw. Ct. 2006).
“Section 2756 of the Judicial Code, 42 Pa. C.S. § 2756(a), (emphasis added) provides: (a) General rule.”
— 42 Pa. Cons. Stat. § 2756(a) — 4 cases
Commonwealth v. Tedesco, 550 A.2d 796 (Pa. Super. Ct. 1988).
“A document in any criminal matter must be filed with the office of the clerk of courts, 42 Pa.C.S. § 2756(a), who in Philadelphia is known as the Clerk of Quarter Sessions.”
Commonwealth v. Lynch, 450 A.2d 664 (Pa. Super. Ct. 1982).
“A document in any criminal matter must be filed in the office of the clerk of courts, 42 Pa.C.S. § 2756(a), who in Philadelphia is known as the Clerk of Quarter Sessions.”
Commonwealth v. Nixon, 457 A.2d 972 (Pa. Super. Ct. 1983).
“What we have said with respect to post-verdict motions is equally applicable to motions to modify sentence: [Ljeaving motions in the judge’s chambers, or even handing a copy to the judge in the courtroom or elsewhere, does not constitute filing.”
Commonwealth v. $1155.00 Cash, 909 A.2d 12 (Pa. Commw. Ct. 2006).
“Section 2756 of the Judicial Code, 42 Pa. C.S. § 2756(a), (emphasis added) provides: (a) General rule.”
— 42 Pa. Cons. Stat. § 2756(a)(1) — 7 cases
Commonwealth v. Blystone, 617 A.2d 778 (Pa. Super. Ct. 1992).
“Upon receipt of a motion for post-conviction relief, the clerk of the court must immediately docket the motion and thereafter transmit it, along with the record, to the trial judge.”
Com. v. Cosby Jr., W., 224 A.3d 372 (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 2756(a)(1). Additionally, [the a]ppellant has the duty to ensure that all documents essential to his case are included in the certified record.”
Commonwealth v. Walker, 878 A.2d 887 (Pa. Super. Ct. 2005).
“42 Pa.C.S. § 2756(a)(1). Additionally, Appellant has the duty to ensure that all documents essential to his case are included in the certified record.”
Ibn-Sadiika v. Riester, 551 A.2d 1112 (Pa. 1988).
“A panel of this Court, however, refused to consider any of the issues raised on appeal, as the post-trial motions had not been properly filed with the clerk of courts, in violation of 42 Pa.C.S. § 2756(a)(1). The Supreme Court denied allocatur.”
Commonwealth v. Rice, 902 A.2d 542 (Pa. Super. Ct. 2006).
“See 42 Pa. C.S. § 2756(a)(1) (all motions for relief in criminal matters shall be filed or transferred to the office of the clerk of courts).”
— 42 Pa. Cons. Stat. § 2756(a)(2) — 1 case
— 42 Pa. Cons. Stat. § 2756(b)(2) — 2 cases
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