A Notice of Summary Appeal from summary conviction may be filed in the Clerk of Courts office within 30 days from the date of the Magisterial District Judge hearing and/or decision. The 30 days includes Saturdays, Sundays, and holidays. Please be sure to calculate correctly for months with 31 days.
There is a $50.50 non-refundable filing fee that must accompany each appeal form. If you are found NOT GUILTY with no costs, any collateral money paid to the Magisterial District Justice will be refunded. In the event your citation is amended or you remain guilty, you will be required for all fees, fines, and cost required by law, local rule, or Administrative Order of Court. Monies paid to the Magisterial District Court will be credited to your case.
You may appeal more then one citation per form if the citations were all issued by the same officer at the same incident. Once the Appeal has been filed with the Clerk of Court office, a summary docket number (SA) will be assigned and you will be notified by the District Attorney's office approximately 2 weeks of your new hearing date.
The following information is necessary to complete the Notice of Appeal from Summary Conviction form:
- Issuing Authority Docket Number(s)
- Citation Number(s)
- Magisterial District Court Number
- Name and address of Affiant (Police Officer)
All of the above information can be obtained from the citation or by contacting the Magisterial District Court.
If the 30 days has passed, a Nunc Pro Tunc may be filed. A Nunc Pro Tunc filing asks the court's permission to file late. If the Nunc Pro Tunc is granted by a judge, an appeal can then be filed. The filing fee for a Nunc Pro Tunc ($25.00) is in addition to the regular Summary Appeal filing fee. The Clerk of Courts Office does not have Nunc Pro Tunc forms available. Please seek legal assistance.
In the event that your citation has resulted in the suspension of your driving privileges, you may request in writing a delay of suspension, revocation or disqualification until the outcome of your appeal hearing.
When filing your appeal, request a certified copy of the Notice of Appeal from Summary Conviction ($10.00 plus $.50 per page) from the Clerk of Courts office and complete the Request for Delay
form. These documents must be mailed to PennDot, Correspondence Unit, Po Box 68618, Harrisburg PA 17106.
PLEASE NOTE: If you are ONLY appealing the license suspension contact the Prothonotary's Office.