Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 704 (2026)

Waiver of objections to jurisdiction.

✓ current as of May 2026

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§ 704. Waiver of objections to jurisdiction.

(a) General rule.--The failure of an appellee to file an objection to the jurisdiction of an appellate court within such time as may be specified by general rule, shall, unless the appellate court otherwise orders, operate to perfect the appellate jurisdiction of such appellate court, notwithstanding any provision of this title, or of any general rule adopted pursuant to section 503 (relating to reassignment of matters), vesting jurisdiction of such appeal in another appellate court.

(b) Exception.--Subsection (a) shall not apply to any defect in the jurisdiction of an appellate court which arises out of:

(1) The failure to effect a filing within the time provided or prescribed by law.

(2) An attempt to take an appeal from an interlocutory order which has not been made appealable by law or pursuant to section 702(b) (relating to interlocutory appeals by permission).

Notes of Decisions

Cited in 96 cases (8 in the last 5 years), 1979–2025 · leading case: Gurnick v. Gov't Employees Ins., 420 A.2d 620 (Pa. Super. Ct. 1980).

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Gurnick v. Gov't Employees Ins., 420 A.2d 620 (Pa. Super. Ct. 1980). · cites it 6× “42 Pa.C.S. § 704. A plain reading of section 704 demonstrates that under the Judicial Code an appellate court no longer has the discretion to hear an appeal from an interlocutory order which has not been authorized by law or certified by the trial court under section 702(b).”

Commonwealth v. Slaton, 556 A.2d 1343 (Pa. 1989). · cites it 4× “42 Pa.Cons.Stat.Ann. Section 742 (Purdon 1981) (emphasis added).”

Hous. Auth. of Pittsburgh v. Van Osdol, 40 A.3d 209 (Pa. Commw. Ct. 2012). · cites it 2× “741(a), "[t]he failure of an appellee to file an objection to the jurisdiction of an appellate court " within a time specified by a general rule operates as a perfection of jurisdiction, except under certain circumstances. (Emphasis added.) This waiver rule expressly applies to…”

Mohamed v. Commonwealth, Dep't of Transp., 40 A.3d 1186 (Pa. 2012). · cites it 2× “[21] 42 Pa.C.S. § 704 provides that the failure of an appellee to file an objection to the jurisdiction of an appellate court operates to perfect the appellate jurisdiction.”

Commonwealth v. Sudler, 436 A.2d 1376 (Pa. 1981). · cites it 2× “s are phrased in terms of "jurisdiction," another provision relating to our appellate court provides: "[T]he failure of an appellee to file an objection to the jurisdiction of an appellate court within such time as may be provided by general rule, shall, unless the appellate…”

Joseph v. Glunt, 96 A.3d 365 (Pa. Super. Ct. 2014). “Even assuming, arguendo, that this case could have been appealed to the Commonwealth Court, our jurisdiction would be proper: Although 42 Pa.”

Borough of West Chester v. Lal, 426 A.2d 603 (Pa. 1981). · cites it 2× “503(a), replaced by section 704(a) of the Judicial Code, 42 Pa.C.S. § 704(a). [4] "It is only where the question involved is purely one of law that the Commonwealth may appeal from an adverse ruling in a criminal case, for example .”

Martino v. Transp. Wrkers'un. of Phil., 480 A.2d 242 (Pa. 1984). · cites it 2× “§ 762, effective June 27, 1978, as amended. However, Superior Court determined that its "jurisdiction" over this appeal was perfected by appellee's failure to file preliminary objections.”

B. Leibensperger v. Carpenter Tech., Inc. t/a Carpenter Tech. Corp., 152 A.3d 1066 (Pa. Commw. Ct. 2016). · cites it 2× “§762, jurisdiction was perfected pursuant to Section 704(a) of the Judicial Code, 42 Pa.C.S. §704(a), and Pa. R.A.P. 741(a) by the absence of objection before the record was filed here.”

Gordon v. Philadelphia Cnty. Democratic Exec. Comm., 80 A.3d 464 (Pa. Super. Ct. 2013). · cites it 2× “Neither party has objected to our exercise of jurisdiction. Our legislature has outlined that if an appellee does not object to the improper jurisdiction, “unless the appellate court otherwise orders,” then jurisdiction will vest in the court in which the appeal was originally,…”

Murray, H. v. Willistown Twp., 169 A.3d 84 (Pa. Super. Ct. 2017). “Both parties agree that this Court has jurisdiction, See Township's Brief at 1; see also 42 Pa.C.S. § 704(a) ("The failure of an appellee to file an objection to the jurisdiction of an appellate court within such time as may be specified by general rule, shall, unless the…”

Smith v. Ivy Lee Real Est., LLC, 152 A.3d 1062 (Pa. Super. Ct. 2016). “2000); see 42 Pa.C.S. § 704(a). Nevertheless, this Court may, sua sponte, raise the issue of whether an appeal should be transferred to the Commonwealth Court.”

Show all 96 citing cases →

— 42 Pa. Cons. Stat. § 704(a) — 48 cases

Hous. Auth. of Pittsburgh v. Van Osdol, 40 A.3d 209 (Pa. Commw. Ct. 2012). “741(a), "[t]he failure of an appellee to file an objection to the jurisdiction of an appellate court " within a time specified by a general rule operates as a perfection of jurisdiction, except under certain circumstances. (Emphasis added.) This waiver rule expressly applies to…”

Commonwealth v. Sudler, 436 A.2d 1376 (Pa. 1981). “s are phrased in terms of "jurisdiction," another provision relating to our appellate court provides: "[T]he failure of an appellee to file an objection to the jurisdiction of an appellate court within such time as may be provided by general rule, shall, unless the appellate…”

Borough of West Chester v. Lal, 426 A.2d 603 (Pa. 1981). “503(a), replaced by section 704(a) of the Judicial Code, 42 Pa.C.S. § 704(a). [4] "It is only where the question involved is purely one of law that the Commonwealth may appeal from an adverse ruling in a criminal case, for example .”

B. Leibensperger v. Carpenter Tech., Inc. t/a Carpenter Tech. Corp., 152 A.3d 1066 (Pa. Commw. Ct. 2016). “§762, jurisdiction was perfected pursuant to Section 704(a) of the Judicial Code, 42 Pa.C.S. §704(a), and Pa. R.A.P. 741(a) by the absence of objection before the record was filed here.”

Gordon v. Philadelphia Cnty. Democratic Exec. Comm., 80 A.3d 464 (Pa. Super. Ct. 2013). “Neither party has objected to our exercise of jurisdiction. Our legislature has outlined that if an appellee does not object to the improper jurisdiction, “unless the appellate court otherwise orders,” then jurisdiction will vest in the court in which the appeal was originally,…”

— 42 Pa. Cons. Stat. § 704(b) — 1 case

Commonwealth v. Slaton, 556 A.2d 1343 (Pa. 1989). “42 Pa.Cons.Stat.Ann. Section 742 (Purdon 1981) (emphasis added).”

— 42 Pa. Cons. Stat. § 704(b)(2) — 4 cases

Hall v. Lee, 428 A.2d 178 (Pa. Super. Ct. 1981).

Swift v. Milner, 442 A.2d 1144 (Pa. Super. Ct. 1982).

Adkins v. Empire Kosher Poultry, Inc., 467 A.2d 877 (Pa. Super. Ct. 1983).

Casani v. Lincoln Bank, 436 A.2d 1019 (Pa. Super. Ct. 1981).

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