42 Pa. Cons. Stat. § 726

Extraordinary jurisdiction.

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§ 726. Extraordinary jurisdiction.

Notwithstanding any other provision of law, the Supreme Court may, on its own motion or upon petition of any party, in any matter pending before any court or magisterial district judge of this Commonwealth involving an issue of immediate public importance, assume plenary jurisdiction of such matter at any stage thereof and enter a final order or otherwise cause right and justice to be done.

(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 1082, as amended April 25, 1979, provided that section 726 shall not be deemed suspended or affected. Rules 1001 through 1082 relate to appellate proceedings with respect to judgments and other decisions of district justices in civil matters. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 1082 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.

Notes of Decisions

Cited in 158 cases (27 in the last 5 years), 1979–2025 · leading case: Commonwealth v. Morris

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Commonwealth v. Morris (2001) pa · cites it 8× “311 or 313, then we should assume extraordinary jurisdiction of this claim pursuant to 42 Pa.C.S. § 726. Appellee responds that the order granting the stay of execution is an interlocutory *729 order, and as such, the Commonwealth had no right to appeal the order and this court…”

League of Women Voters of PA v. Cmwlth (2018) pa · cites it 4× “35 On November 9, 2017, we granted the application and assumed plenary jurisdiction over the matter, but, while retaining jurisdiction, remanded the matter to the Commonwealth Court to “conduct all necessary and appropriate discovery, pre-trial and trial proceedings so as to…”

In re Bruno (2014) pa · cites it 6× “” 42 Pa.C.S. § 726 (extraordinary jurisdiction); see In re Dauphin County Fourth Investigating Grand Jury, 596 Pa.”

Pennsylvania Gaming Control Board v. City Council of Philadelphia (2007) pa · cites it 6× “Having determined that the instant action for injunctive relief could have been brought in an appropriate court possessing original jurisdiction, I also note that this Court could have then invoked its "extraordinary jurisdiction," see 42 Pa.C.S. § 726, and assumed plenary…”

Ieropoli v. AC&S CORP. (2004) pa · cites it 4× “42 Pa.C.S. § 726. [10] Under the applicable standard, an appellate court may reverse a trial court's entry of summary judgment only where it finds that the trial court erred in concluding that the matter presented no genuine issue as to any material fact and that it is clear…”

Stilp v. Commonwealth (2006) pa · cites it 3× “On that same date, Judge Herron filed an Application for Extraordinary Relief, in accordance with Pa.”

In Re Dauphin County Fourth Investigating Grand Jury (2007) pa · cites it 8× “Petitioners argue in the alternative that this Court should exercise extraordinary jurisdiction pursuant to 42 Pa.C.S. § 726, which provides that: [this Court] may, on its own motion or upon petition of any party, in any matter pending before any court or district justice .”

Commonwealth v. Janssen Pharmaceutica, Inc. (2010) pa · cites it 4× “("Janssen") to disqualify contingent fee counsel retained by appellee, the Commonwealth's Office of General Counsel ("OGC"), is before this Court on a grant of extraordinary relief pursuant *269 to 42 Pa.C.S. § 726, [1] by which we exercised jurisdiction to consider the possible…”

Commonwealth v. Brown (2018) pa “§ 726 ("Notwithstanding any other provision of law, the Supreme Court may, on its own motion or upon petition of any party, in any matter pending before any court or magisterial district judge of this Commonwealth involving an issue of immediate public importance, assume plenary…”

In Re Dauphin County Fourth Investigating Grand Jury (2011) pa · cites it 4× “With respect to the violations of grand jury secrecy, we noted: The Application does little more than reference alleged breaches of Grand Jury secrecy, citing newspaper articles that discuss information relating to the on-going investigation which is in the public realm (e.”

Commonwealth v. Fiore (1995) pasuperct · cites it 6× “1992), asking the Court to take jurisdiction of his case pursuant to the Court's King's Bench powers, 42 Pa.C.S. § 726, and to consolidate it with Scarpone's appeal "so that a uniform interpretation in the Commonwealth of the Solid Waste Management Act and the penal provisions…”

Mohamed v. Commonwealth, Department of Transportation (2012) pa · cites it 4× “We assumed plenary jurisdiction over this matter as a sua sponte exercise of this Court's extraordinary jurisdiction pursuant to 42 Pa.C.S. § 726 [1] to determine the proper forum for adjudicating appeals from the suspension of the certification of an official emission…”

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