Practitioners try to avoid having to appeal, of course. If trial counsel finds it necessary to appeal, however, counsel should ensure that appealable issues have been properly preserved. And there are many pitfalls in preserving an issue for appeal before, during, or even after trial. In Pennsylvania, the general rule is that issues not raised in the trial court are waived and cannot be raised for the first time on appeal. This means practitioners must raise and preserve issues at every opportunity under the procedural rules. Issues could be raised and preserved before trial by, for example, motions in limine. Issues could be raised and preserved during trial by, for example, objections or exceptions to the ruling on the objections. Pennsylvania has unique procedures for raising and preserving issues for appeal after trial that could “surprise” many unsuspecting practitioners, especially those who do not practice regularly in the commonwealth.
In Pennsylvania, a party who wishes to appeal a jury verdict or trial court’s decision must first file a post-trial motion with the trial court and raise all alleged errors. If not, the party would be precluded from raising the errors on appeal. This practice is different from other jurisdictions, including federal courts, where a party who wishes to appeal after trial would typically file a one-page notice of appeal. This requirement for preserving issues for appeal—i.e., filing a post-trial motion—is not found in either the Rules of Civil Procedure or the Rules of Appellate Procedure. The absence of such a rule is why practitioners can get caught surprised. It is easier to understand the requirement to file post-trial motions within the context of the Rules of Appellate Procedure. The requirement “postpones the finality of a case-ending decision or order that otherwise would qualify as a final order triggering a right to appeal under the final order rule embodied in Pennsylvania Rule of Appellate Procedure 341(a).” See Wolk v. School District of Lower Merion, 649 Pa. 604, 197 A.3d 730 (2018). “A trial court’s order at the conclusion of a trial, whether the action is one at law or in equity, simply cannot become final for purposes of filing an appeal until the court decides any timely post-trial motions.” See Gun Owners of America v. City of Philadelphia, 311 A.3d 72 (Pa. Commw. Ct. 2024) (quoting Chalkey v. Roush, 805 A.2d 491 (Pa. 2002)).
