Summary Appeals
In Pennsylvania, individuals who have been convicted of a summary offense by a Magisterial District Judge (MDJ) have the right to appeal that decision to the Court of Common Pleas. This process is known as a summary appeal and provides the opportunity for a fresh hearing before a judge.
How to File a Summary Appeal
To begin the appeal process, you must:
- File a “Notice of Summary Conviction Appeal” with the Clerk of Courts
- Submit the appeal within 30 days of the MDJ’s decision
- Pay a non-refundable filing fee, unless financial hardship qualifies you to file an “In Forma Pauperis” petition (to request a fee waiver)
If the deadline has passed, a “Nunc Pro Tunc” petition may be submitted to request permission to file a late appeal. Granting that request is at the discretion of the court.
What Happens After Filing?
Once your appeal is accepted:
-
A new Court of Common Pleas case number will be assigned
-
A hearing date will be scheduled
-
Your case will proceed as a trial de novo—a brand-new trial, with no consideration of the prior decision or evidence from the MDJ hearing
You’ll have the opportunity to present your case again, call witnesses, and submit evidence as if the original hearing had never occurred.
Traffic Offenses & License Suspensions
If your summary conviction involved a traffic offense that could result in a driver’s license suspension, additional steps may be necessary to:
-
Delay the PennDOT suspension, or
-
Formally contest the suspension
Be sure to review the traffic-related procedures carefully or consult legal counsel, as these issues are handled separately from the court’s summary appeal process.
Summary Appeals: Know Your Rights
Appealing a summary conviction can be an important way to correct an unjust ruling or avoid unnecessary penalties. However, strict deadlines and procedural requirements apply—so it’s essential to act quickly and understand your options.
For questions about summary appeals in Northampton County, contact the Clerk of Courts or seek legal assistance.