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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 741 (2026)

 Original jurisdiction.

✓ current as of May 2026
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SUBCHAPTER C

JURISDICTION OF SUPERIOR COURT

 

Sec.

741.  Original jurisdiction.

742.  Appeals from courts of common pleas.

743.  Commerce court program.

 

Cross References.  Subchapter C is referred to in section 701 of this title.

§ 741.  Original jurisdiction.

The Superior Court shall have no original jurisdiction, except in cases of mandamus and prohibition to courts of inferior jurisdiction where such relief is ancillary to matters within its appellate jurisdiction, and except that it, or any judge thereof, shall have full power and authority when and as often as there may be occasion, to issue writs of habeas corpus under like conditions returnable to the said court.

Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1978–2023 · leading case: Commonwealth v. Harris, 32 A.3d 243 (Pa. 2011).
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Commonwealth v. Harris, 32 A.3d 243 (Pa. 2011). · cites it 4× “As for seeking a writ of mandamus as a substitute for an immediate appeal, mandamus is generally not available in Pennsylvania law as a vehicle for obtaining appellate review.”
Curtis v. Kline, 666 A.2d 265 (Pa. 1995). · cites it 2× “[2] 42 Pa.C.S. § 741. [3] We are also guided by the principle that a strong presumption exists that all legislation promulgated by the General Assembly is constitutional.”
Municial Publications, Inc. v. Court of Common Pleas, 489 A.2d 1286 (Pa. 1985). · cites it 2× “Original jurisdiction The Superior Court shall have no original jurisdiction, except in cases of mandamus and prohibition to courts *198 of inferior jurisdiction where such relief is ancillary to matters within its appellate jurisdiction, and except that it, or any judge…”
Pennsylvania Dep't of Aging v. Lindberg, 469 A.2d 1012 (Pa. 1983). · cites it 2× “Section 741 of the Judicial Code, 42 Pa.C.S. § 741, succeeded Section 301 of the Appellate Court Jurisdiction Act providing that the Superior Court shall only have original jurisdiction "in cases of mandamus and prohibition to courts of inferior jurisdiction where such relief is…”
Commonwealth v. Frattarola, 485 A.2d 1147 (Pa. 1984). · cites it 2× “This Court has no original jurisdiction to order a court of inferior jurisdiction to allow public examination of the court's records where that court has never acted on a request therefor.”
Saunders v. Commonwealth, Dep't of Corr., 749 A.2d 553 (Pa. Commw. Ct. 2000). “I Respondent raises the jurisdictional contention that Saunders inappropriately filed his case in the Commonwealth Court when he should have filed it in the original jurisdiction of the Superior Court.”
Commonwealth v. Vartan, 674 A.2d 1156 (Pa. Commw. Ct. 1996). · cites it 3× “42 Pa.C.S. § 741 (emphasis added). Interpreting this language in light of its own constitutional duty to supervise all inferior courts of this Commonwealth, see Pa.”
G.B. v. M.M.B., 670 A.2d 714 (Pa. Super. Ct. 1996). “42 Pa.C.S. § 741 (superior court has jurisdiction of appeals from final orders of the courts of common pleas).”
FR&S, Inc. v. Commonwealth, 537 A.2d 957 (Pa. Commw. Ct. 1988). “Municipal Publications does not hold the contrary because the Supreme Court there was dealing with the point that the Superior Court, under 42 Pa. C. S. §741, lacks original jurisdiction except with respect to proceedings ancillary to cases actually pénding within its appellate…”
Brown v. Dep't of Corr., 601 A.2d 1345 (Pa. Commw. Ct. 1992). “2d 1286 (1985), our Supreme Court considered the original jurisdiction of the Superior Court pursuant to Section 741 of the Judicial Code, 42 Pa.C.S. § 741, which provides that: The Superior Court shall have no original jurisdiction, except in cases of mandamus and prohibition…”
Leiber v. Cnty. of Allegheny, 654 A.2d 11 (Pa. Commw. Ct. 1994). “42 Pa.C.S. § 741. The Supreme Court stressed that the language in section 741 vested the Superior Court with jurisdiction to issue a writ of mandamus or prohibition only when a matter is within the Superior Court’s appellate jurisdiction.”
G.B. v. M.M.B., 670 A.2d 714 (Pa. Super. Ct. 1996). “42 Pa.C.S. § 741 (superior court has jurisdiction of appeals from final orders of the courts of common pleas).”
Show all 25 citing cases →
— 42 Pa. Cons. Stat. § 741(a) — 1 case
Comwlth of PA v. C.M. Stone (Pa. Commw. Ct. 2019).
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