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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 705 (2026)

 Transfers between intermediate appellate courts.

✓ current as of May 2026
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§ 705.  Transfers between intermediate appellate courts.

The Superior Court and the Commonwealth Court shall have power pursuant to general rules, on their own motion or upon petition of any party, to transfer any appeal to the other court for consideration and decision with any matter pending in such other court involving the same or related questions of fact, law or discretion.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1980–2025 · leading case: Fiore v. White, 757 A.2d 842 (Pa. 2000).
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Fiore v. White, 757 A.2d 842 (Pa. 2000). · cites it 2× “Pursuant to 42 Pa.C.S. § 705, the Superior Court and the Commonwealth Court have the authority to transfer appeals.”
Commonwealth v. Byrd, 417 A.2d 173 (Pa. 1980). “Appellant’s murder conviction was appealed directly to this Court.”
Swartz v. Masloff, 437 A.2d 472 (Pa. Commw. Ct. 1981). “Upon Appellees’ petition, the Superior Court transferred the appeal to this Court pursuant to Section 705 of the Judicial Code, 42 Pa. C. S. §705. *524 Section 705 permits such transfers “for consideration and decision with any matter pending in [Commonwealth Court] involving…”
Derry Twp. Sch. Dist. v. Suburban Roofing Co., 517 A.2d 225 (Pa. Commw. Ct. 1986). · cites it 2× “Such appeals are properly brought in the Superior Court under Section 742 of the Judicial Code, 42 Pa.”
Lara, Inc. v. Dorney Park Coaster Co., 534 A.2d 1062 (Pa. 1987). “— Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the court of common pleas in the following cases: (4) Local government civil and criminal matters.”
Commonwealth v. Tyson, 427 A.2d 283 (Pa. Commw. Ct. 1981). “Indeed, if the two charges had been split up on appeal between our Court and the Superior Court, it is possible that the Superior Court would have transferred its half of the case to this Court within its power under Section 705 of the Judicial Code, 42 Pa. C. S. §705, and Pa.…”
Dubois Dutch, LLC v. Guido, 977 A.2d 1225 (Pa. Commw. Ct. 2009). “Given our significant involvement in this case, transfer to the Superior Court pursuant to 42 Pa.C.S. § 705 would only delay final resolution.”
Shumake v. Philadelphia Bd. of Educ., 686 A.2d 22 (Pa. Super. Ct. 1996). “42 Pa.C.S. §§ 705, 704(a). 6 . Article B-VIII § 2 of the collective bargaining agreement provides for the presentation and adjustment of grievances, and Article B-IX § 16 provides for the payment of a 100% salary benefit where a teacher is injured as a result of being physically…”
Trs. of the Presbytery of Philadelphia v. Provident Mut. Life Ins., 685 A.2d 635 (Pa. Commw. Ct. 1996). “See Section 705 of the Judicial Code, 42 Pa.C.S. § 705 [Transfers between intermediate appellate courts].”
In re One 1988 Toyota Corolla, 675 A.2d 1290 (Pa. Commw. Ct. 1996). “See also Section 705 of the Judicial Code, 42 Pa.C.S. § 705 (both intermediate appellate courts have the authority on then-own motion to transfer “any appeal to the other court for consideration and decision with any matter pending in such other court involving the same or…”
Commonwealth v. Reed, 713 A.2d 150 (Pa. Commw. Ct. 1998). “The Superior Court transferred this case to us pursuant to Section 705 of the Judicial Code, 42 Pa.C.S. § 705. Under Section 762(2) of the Judicial Code, we have jurisdiction over appeals from final orders of the courts of common pleas in governmental and Commonwealth regulatory…”
Leininger v. Trapizona, 627 A.2d 194 (Pa. Super. Ct. 1993). “2d 1292 (1981); 42 Pa.C.S. § 705. By statute, this court is granted appellate jurisdiction from final orders of the courts of common pleas, except when jurisdiction is vested in the Supreme Court or the Commonwealth Court.”
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