From time to time, this column has discussed the efficiency of appellate courts in deciding cases that are ready for resolution. While recognizing the importance of that consideration — given that deciding appeals is the main reason appellate courts exist — it is also useful to acknowledge that there are various other considerations for which appellate courts are not directly responsible that can significantly delay an appellate court’s resolution of an appeal.
For example, in the Pennsylvania state court system, after a notice of appeal is filed in the trial court and the case is transmitted to the appellate court, the merits briefing of the appeal will not begin until after the trial court record is transmitted to the appellate court. And before the trial court record is transmitted to the appellate court, the trial judge must issue an opinion in support of the order or judgment being challenged on appeal.
