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 1701 - Effect of Appeal Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Except as otherwise prescribed by these rules,
					 after an appeal is taken or review of a quasijudicial order is sought, the
					 trial court or other government unit may no longer proceed further in the
					 matter.
(b)
Authority of a
					 trial court or
other government unit
after
					 appeal
.-After an appeal is taken or review of a quasijudicial order is
					 sought, the trial court or other government unit may:
(1) Take such action as may be necessary to
					 preserve the
status quo
, correct formal errors in papers
					 relating to the matter, cause the record to be transcribed, approved, filed,
					 and transmitted, grant leave to appeal
in forma pauperis
,
					 grant
supersedeas
, and take other action permitted or required
					 by these rules or otherwise ancillary to the appeal or petition for review
					 proceeding.
(2) Enforce any order
					 entered in the matter, unless the effect of the order has been superseded as
					 prescribed in this chapter.
(3)
					 Grant reconsideration of the order which is the subject of the appeal or
					 petition, if:
(i) an application for
					 reconsideration of the order is filed in the trial court or other government
					 unit within the time provided or prescribed by law; and
(ii) an order expressly granting
					 reconsideration of such prior order is filed in the trial court or other
					 government unit within the time prescribed by these rules for the filing of a
					 notice of appeal or petition for review of a quasijudicial order with respect
					 to such order, or within any shorter time provided or prescribed by law for the
					 granting of reconsideration.
A timely order granting reconsideration under this
						paragraph shall render inoperative any such notice of appeal or petition for
						review of a quasijudicial order theretofore or thereafter filed or docketed
						with respect to the prior order. The petitioning party shall and any party may
						file a
praecipe
with the prothonotary of any court in which
						such an inoperative notice or petition is filed or docketed and the
						prothonotary shall note on the docket that such notice or petition has been
						stricken under this rule. Where a timely order of reconsideration is entered
						under this paragraph, the time for filing a notice of appeal or petition for
						review begins to run anew after the entry of the decision on reconsideration,
						whether or not that decision amounts to a reaffirmation of the prior
						determination of the trial court or other government unit. No additional fees
						shall be required for the filing of the new notice of appeal or petition for
						review.
(4)
					 Authorize the taking of depositions or the preservation of testimony where
					 required in the interest of justice.
(5) Take any action directed or authorized by
					 an appellate court.
(6) Proceed
					 further in any matter in which a non-appealable interlocutory order has been
					 entered, notwithstanding the filing of a notice of appeal or a petition for
					 review of the order.