Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article II - APPELLATE PROCEDURE
Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS
IN GENERAL
Rule 1702 - Stay Ancillary to Appeal or Review

Universal Citation: 210 PA Code ยง 1702

Current through Register Vol. 54, No. 52, December 28, 2024

(a) Right of appeal or review.-When a party has an appeal as of right, a party may seek relief under this chapter after the filing of a notice of appeal, a petition for review, or a petition for specialized review.

(b) Discretionary appeal or review.-When a party intends to pursue discretionary appellate review, the party may seek relief under this chapter prior to the filing of a petition for allowance of appeal or a petition for permission to appeal.

(1) The failure to timely file such petition, or its denial, shall operate to vacate any ancillary order entered under this chapter.

(2) Any party thereafter may file a praecipe with the prothonotary or the clerk of the court in which the ancillary order was entered directing entry of a formal order vacating such ancillary order.

(c) Supreme Court review of appellate court supersedeas and stay determinations.-No appeal, petition for allowance of appeal, petition for review, or petition for specialized review need be filed in the Supreme Court in connection with an application under Pa.R.A.P. 3315.

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