2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 7 - Jurisdiction of Appellate Courts
761 - Original jurisdiction.

                               SUBCHAPTER D
                    JURISDICTION OF COMMONWEALTH COURT

     Sec.
     761.  Original jurisdiction.
     762.  Appeals from courts of common pleas.
     763.  Direct appeals from government agencies.
     764.  Election contests and other matters.

        Cross References.  Subchapter D is referred to in section 701
     of this title.
     § 761.  Original jurisdiction.
        (a)  General rule.--The Commonwealth Court shall have
     original jurisdiction of all civil actions or proceedings:
            (1)  Against the Commonwealth government, including any
        officer thereof, acting in his official capacity, except:
                (i)  actions or proceedings in the nature of
            applications for a writ of habeas corpus or post-
            conviction relief not ancillary to proceedings within the
            appellate jurisdiction of the court;
                (ii)  eminent domain proceedings;
                (iii)  actions or proceedings conducted pursuant to
            Chapter 85 (relating to matters affecting government
            units);
                (iv)  actions or proceedings conducted pursuant to
            the act of May 20, 1937 (P.L.728, No.193), referred to as
            the Board of Claims Act; and
                (v)  actions or proceedings in the nature of trespass
            as to which the Commonwealth government formerly enjoyed
            sovereign or other immunity and actions or proceedings in
            the nature of assumpsit relating to such actions or
            proceedings in the nature of trespass.
            (2)  By the Commonwealth government, including any
        officer thereof, acting in his official capacity, except
        eminent domain proceedings.
            (3)  Arising under Article V of the act of May 17, 1921
        (P.L.789, No.285), known as "The Insurance Department Act of
        1921."
            (4)  Original jurisdiction of which is vested in the
        Commonwealth Court by any statute hereafter enacted.
        (b)  Concurrent and exclusive jurisdiction.--The jurisdiction
     of the Commonwealth Court under subsection (a) shall be
     exclusive except as provided in section 721 (relating to
     original jurisdiction) and except with respect to actions or
     proceedings by the Commonwealth government, including any
     officer thereof, acting in his official capacity, where the
     jurisdiction of the court shall be concurrent with the several
     courts of common pleas.
        (c)  Ancillary matters.--The Commonwealth Court shall have
     original jurisdiction in cases of mandamus and prohibition to
     courts of inferior jurisdiction and other government units where
     such relief is ancillary to matters within its appellate
     jurisdiction, and 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. To the extent prescribed by general rule the
     Commonwealth Court shall have ancillary jurisdiction over any
     claim or other matter which is related to a claim or other
     matter otherwise within its exclusive original jurisdiction.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 28, 1978,
     P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff.
     60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20,
     1982, P.L.1409, No.326, eff. 60 days)

        1982 Amendment.  Act 326 amended subsec. (a).
        1980 Amendments.  Act 142 amended subsec. (a), repealed
     subsec. (c) and relettered subsec. (d) to (c) and Act 189
     amended subsec. (a)(1), retroactive to June 27, 1978.
        1978 Amendments.  Act 53 amended subsecs. (a) and (b) and Act
     152 amended subsecs. (a) and (c).
        Transfer of Records.  Section 6 of Act 189 of 1980 provided
     that the Prothonotary of the Commonwealth Court shall, except as
     otherwise ordered by the court in the interest of justice,
     transfer to the appropriate office of the clerk of the court of
     common pleas all dockets, records, pleadings and other papers,
     or certified copies thereof, relating to all pending matters
     jurisdiction of which is vested in another tribunal by reason of
     42 Pa.C.S. § 761(a)(1)(iv) or 933(a)(1)(v) as added or amended
     by Act 189.
        References in Text.  The act of May 20, 1937 (P.L.728,
     No.193), referred to as the Board of Claims Act, referred to in
     subsec. (a)(1)(iv), was repealed by the act of December 3, 2002
     (P.L.1147, No.142). The subject matter is now contained in
     Subchapter C of Chapter 17 of Title 62 (Procurement).
        Cross References.  Section 761 is referred to in section 762
     of this title.