Montgomery County, PA

Appeals from District Court

I     SUMMARY CRIMINAL CASES (Appeals from Traffic and Non Traffic Citations)

Following a hearing on a Summary offense (a change filed by Citation) before a Magisterial District Judge or the entry of a Guilty Plea, at that level, you may file a Summary Appeal to the Court of Common Pleas of Montgomery County in the clerk of Courts Office.  This appeal must be filed within thirty (30) days of the entry of a conviction, whether by paying the ticket or by finding of guilt after a hearing.  The thirty (30) days includes Saturdays, Sundays and Holidays, unless the deadline falls on one of those days in which case, the deadline is the next business day.

The Clerk of Courts will accept the Appeal but does not have the authority to decide if it has been timely filed.  The Summary Appeal will be clocked in, numbered and a copy returned to you with your receipt.  You are requesting a Hearing De Novo, which means that a hearing will be held as if no action was taken at the Magisterial District Judge level.

A blank Summary Appeal for is available for download at the bottom of this page.  To file your appeal, you must properly complete the Summary appeal form and as previously stated, submit it to the clerk of Courts Office.  For each submitted appeal form, there is a $##.00 NON-RETURNABLE FILING FEE.  The filing fee must be paid in cash or by cashiers check or money order at the time of submission to the clerk of courts.  No personal checks are accepted.

To complete the Appeal form you will largely use information on the issued Citation you received at the time of the alleged offense.  The following is clarification of other requested information of the form…”Appeal from sentence of…(entered sentence rendered by Magisterial District Judge).”  “Affiant” is the arresting officer.  “Issuing authority” is the Magisterial District Judge.  Enter “Attorney” information only if you decide to hire a defense attorney.  Please PRINT LEGIBLY or type requested information.

If one defendant has one or more Citations heard and one hearing before a Magisterial District Judge, the Citation may be submitted on one form.  If there are two different defendants with two different Citations heard at one hearing before a Magisterial District Judge, they must be submitted on separate forms.  If there are two different defendants on one Citation heard at one hearing before a Magisterial District Judge, please check with the Clerk before filling out the Appeal form.  Make Money Orders payable to the Clerk of Court and send with the Appeal form to Clerk of Courts Office, ______________________ Norristown, PA _________________.  Alternatively, the Appeal can be filed in person at the Clerk of Courts Office in Norristown.  The Appeal will be clocked-in at that time.

II         Civil Cases/Landlord-Tenant Cases

You have thirty (30) days from the date of judgment to file your appeal with the county prothonotary, who will provide you with the proper filing form and accept a filing fee.  Therefore, in most cases, a panel of three lawyers will be appointed to hear the appeal.  You  may choose to hire a lawyer to represent your interests.