Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 702 (2026)

Interlocutory orders.

✓ current as of May 2026

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§ 702. Interlocutory orders.

(a) Appeals authorized by law.--An appeal authorized by law from an interlocutory order in a matter shall be taken to the appellate court having jurisdiction of final orders in such matter.

(b) Interlocutory appeals by permission.--When a court or other government unit, in making an interlocutory order in a matter in which its final order would be within the jurisdiction of an appellate court, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter, it shall so state in such order. The appellate court may thereupon, in its discretion, permit an appeal to be taken from such interlocutory order.

(c) Supersedeas.--Except as otherwise prescribed by general rules, a petition for permission to appeal under this section shall not stay the proceedings before the lower court or other government unit, unless the lower court or other government unit or the appellate court or a judge thereof shall so order.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 amended subsecs. (b) and (c).

Cross References. Section 702 is referred to in sections 704, 5105, 5574, 8340.17 of this title.

Notes of Decisions

Cited in 618 cases (95 in the last 5 years), 1978–2026 · leading case: Commonwealth v. White, 910 A.2d 648 (Pa. 2006).

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Commonwealth v. White, 910 A.2d 648 (Pa. 2006). · cites it 12× “See 42 Pa.C.S. § 702 (governing appellate jurisdiction over interlocutory orders); see also Pa.”

Redevelopment Auth. of Cambria Cnty. v. Int'l Ins. Co., 685 A.2d 581 (Pa. Super. Ct. 1996). · cites it 12× “The Superior Court has jurisdiction to entertain appeals taken (1) as of right from a final order, Pa.”

Commonwealth v. Cosnek, 836 A.2d 871 (Pa. 2003). · cites it 8× “In language taken straight from the statute allowing trial courts to certify interlocutory appeals, 42 Pa.C.S. § 702(b), the trial court found that "this case involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an…”

T.M. v. Elwyn, Inc., 950 A.2d 1050 (Pa. Super. Ct. 2008). · cites it 8× “]" 42 Pa.C.S. § 702(b). However, since the trial court did not take any action on this request for appellate certification, it was deemed denied by operation of law after the expiration of thirty days.”

Zane v. Friends Hosp., 836 A.2d 25 (Pa. 2003). · cites it 4× “[2] The Hospital again sought reconsideration, which was denied by the court, however, the court certified the issue to the Superior Court for consideration pursuant to 42 Pa.C.S. § 702(b)(interlocutory appeals by permission).”

Jones v. City of Philadelphia, 890 A.2d 1188 (Pa. Commw. Ct. 2006). · cites it 4× “The City requested the trial court to certify the matter for an interlocutory appeal by permission pursuant to 42 Pa.C.S. § 702(b) "on the specific question of whether the city can be liable under the Pennsylvania Constitution for a claim of excessive force.”

Commonwealth v. Boyle, 532 A.2d 306 (Pa. 1987). · cites it 9× “3 Boyle then filed a Petition for Review with the Superior Court from the order denying pre-trial relief alleging that the Superior Court has exclusive jurisdiction over the matter pursuant to the authority granted by 42 Pa.C.S. §§ 702 and 742. The Superior Court granted the…”

In Re the Twenty-Fourth Statewide Investigating Grand Jury, 907 A.2d 505 (Pa. 2006). · cites it 6× “Lancaster Newspapers took the position that the supervising judge's order was appealable as of right under the collateral order doctrine as embodied in Rule of Appellate Procedure 313, and, in the alternative, sought a certification by the supervising judge to facilitate a…”

Sunrise Energy, LLC v. FirstEnergy Corp. & West Penn Power Co., 148 A.3d 894 (Pa. Commw. Ct. 2016). · cites it 4× “The Alternative Energy Portfolio Standards Act Although Pennsylvania is rich in natural gas, coal and oil resources, our General Assembly has made the policy decision to promote the development of 6 The trial court’s order overruling West Penn’s preliminary objection is…”

Commonwealth v. Dennis, 859 A.2d 1270 (Pa. 2004). · cites it 4× “In Tilley , the Commonwealth asked the PCRA court to certify the interlocutory order for appeal pursuant to 42 Pa.C.S. § 702(b), which provides: When a court or other government unit, in making an interlocutory order in a matter in which its final order would be *1275 within the…”

Hutchison v. Luddy, 606 A.2d 905 (Pa. Super. Ct. 1992). · cites it 6× “See 42 Pa.C.S. § 702(b); Pa.R.A.P. 1311, 42 Pa.”

Wagner v. Wagner, 768 A.2d 1112 (Pa. 2001). · cites it 4× “Appellee then filed a petition for permission to appeal under 42 Pa.C.S. § 702 in Superior Court, which was granted.”

Show all 618 citing cases →

— 42 Pa. Cons. Stat. § 702(B) — 2 cases

Vartan v. Commonwealth, 616 A.2d 160 (Pa. Commw. Ct. 1992).

Com. v. Vinson, J (Pa. Super. Ct. 2014).

— 42 Pa. Cons. Stat. § 702(a) — 42 cases

Redevelopment Auth. of Cambria Cnty. v. Int'l Ins. Co., 685 A.2d 581 (Pa. Super. Ct. 1996). “The Superior Court has jurisdiction to entertain appeals taken (1) as of right from a final order, Pa.”

In the Int. of: J.M., Appeal of: L.M.-M., 219 A.3d 645 (Pa. Super. Ct. 2019).

Com. v. Segarra, B., 228 A.3d 943 (Pa. Super. Ct. 2020).

Calabretta, C. v. Guidi Homes Inc., 241 A.3d 436 (Pa. Super. Ct. 2020).

Dovin, J. v. Honey Brook Golf Club, 2024 Pa. Super. 246 (Pa. Super. Ct. 2024).

— 42 Pa. Cons. Stat. § 702(b) — 545 cases

Commonwealth v. White, 910 A.2d 648 (Pa. 2006). “See 42 Pa.C.S. § 702 (governing appellate jurisdiction over interlocutory orders); see also Pa.”

Commonwealth v. Cosnek, 836 A.2d 871 (Pa. 2003). “In language taken straight from the statute allowing trial courts to certify interlocutory appeals, 42 Pa.C.S. § 702(b), the trial court found that "this case involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an…”

T.M. v. Elwyn, Inc., 950 A.2d 1050 (Pa. Super. Ct. 2008). “]" 42 Pa.C.S. § 702(b). However, since the trial court did not take any action on this request for appellate certification, it was deemed denied by operation of law after the expiration of thirty days.”

Zane v. Friends Hosp., 836 A.2d 25 (Pa. 2003). “[2] The Hospital again sought reconsideration, which was denied by the court, however, the court certified the issue to the Superior Court for consideration pursuant to 42 Pa.C.S. § 702(b)(interlocutory appeals by permission).”

— 42 Pa. Cons. Stat. § 702(b)(1) — 1 case

Kozel, D. v. Kozel, D., 97 A.3d 767 (Pa. Super. Ct. 2014).

— 42 Pa. Cons. Stat. § 702(c) — 4 cases

Atl. Richfield Co. v. J. J. White, Inc., 448 A.2d 634 (Pa. 1982).

In Re: Order Amending Rules 102, 120, 121, 907, 1112, 1113, 1311, 1701, 2315, 2321, 2323, & Rescinding Rule 3304 of PA Rules of Appellate Procedure (Pa. 2020).

In Re: Order Amending Rules 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501-1504, 1511-1517, 1531, 1532, 1541-1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 & Adopting Rule (Pa. 2020).

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