reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › IN GENERAL › Rule 1602 - Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time
					 for filing
.-Unless a statute, rule, or order of a court provides for a
					 different time of filing a petition for specialized review, the petition for
					 specialized review shall be filed with the prothonotary of the appellate court
					 within 30 days after the entry of the order sought to be reviewed. The petition
					 shall be deemed filed on the date mailed if the petitioner complies with the
					 requirements set forth in paragraph (b).
(b)
Deemed Received on Date of
					 Mailing.
(1) If the petition for
					 specialized review is transmitted to the prothonotary of the appellate court by
					 means of first class, express, or priority United States Postal Service mail,
					 the petition shall be deemed received by the prothonotary for the purposes of
					 Pa.R.A.P. 121(a) on the date deposited in the United States mail, as shown on a
					 United States Postal Service Form 3817 Certificate of Mailing, Form 3800
					 Receipt for Certified Mail, Form 3806 Receipt for Registered Mail, or other
					 similar United States Postal Service form from which the date of deposit can be
					 verified.
(2) The certificate of
					 mailing or other similar Postal Service form from which the date of deposit can
					 be verified shall be cancelled by the Postal Service, shall show the docket
					 number of the matter in the trial court or other government unit and shall be
					 either enclosed with the petition or separately mailed to the prothonotary.
					 Upon actual receipt of the petition for specialized review the prothonotary of
					 the appellate court shall immediately stamp it with the date of actual receipt.
					 That date, or the date of earlier deposit in the United States mail as
					 prescribed in this subdivision , shall constitute the date of filing, which
					 date shall be shown on the docket.
(3) The prothonotary of the appellate court
					 shall immediately note the appellate docket number assignment upon the petition
					 and give written notice of the docket number assignment in person or by first
					 class mail to the government unit or clerk of the trial court, to the
					 petitioner and to the other persons named in the proof of service accompanying
					 the petition.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › IN GENERAL › Rule 1603 - Form and Content

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Caption and parties
.-All parties to the proceeding in the
					 trial court or other government unit other than the petitioner shall be named
					 as respondents.
(b)
Title
.-If the petition for specialized review is filed
					 pursuant to Pa.R.A.P. 1610-1613, the title of the petition shall include a
					 reference to the specific rule invoked.
(c)
Content
.-The petition
					 for specialized review need not be set forth in numbered paragraphs in the
					 manner of a pleading, and shall contain the following (which shall, insofar as
					 practicable, be set forth in the order stated):
(1) a statement of the basis for the
					 jurisdiction of the appellate court.
(2) The name of the party or person seeking
					 review.
(3) The text of the order
					 in question, and the date of its entry. If the order is voluminous, it may, if
					 more convenient, be appended to the petition. If the petition seeks review of a
					 deemed denial, it should so state.
(4) a concise statement of the case
					 containing the facts necessary to an understanding of the issue(s)
					 presented.
(5) The question(s)
					 presented, expressed in the terms and circumstances of the case but without
					 unnecessary detail.
(6) a concise
					 statement of the reasons why the trial court or other government unit
					 erred.
(7) a copy of any opinions
					 relating to the order sought to be reviewed, including findings of fact and
					 conclusions of law, as well as a copy of any other record documents necessary
					 to the appellate court's review.
(8) The certificate of compliance required by
					 Pa.R.A.P. 127.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › IN GENERAL › Rule 1604 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
A copy of the petition for specialized review shall be
						served by the petitioner on the trial court or other government unit that made
						the determination sought to be reviewed. In matters involving the Commonwealth,
						the petitioner shall similarly serve a copy upon the Attorney General of
						Pennsylvania. All parties before the trial court or other government unit shall
						be served in accordance with Pa.R.A.P. 121.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › IN GENERAL › Rule 1605 - Response to Petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time for filing
.-A party may file and serve a response to a
					 petition for specialized review within 30 days of service of the petition. The
					 response shall be deemed filed on the date of mailing if first class, express,
					 or priority United States Postal Service mail is utilized.
(b)
Content
.-The response,
					 which need not be set forth in numbered paragraphs in the manner of a pleading,
					 shall set forth any procedural, substantive, or other argument or ground why
					 the relief requested should be denied and shall comply with the length
					 limitation and the other provisions of Pa.R.A.P. 1603 to the extent applicable,
					 including the certificate of compliance required by Pa.R.A.P. 127. No separate
					 motion to dismiss a petition for specialized review will be received. A party
					 entitled to file a response under this rule who does not intend to do so shall,
					 within the time fixed by these rules for filing a response, file a letter
					 stating that a response to the petition for specialized review will not be
					 filed. The failure to file a response will not be construed as concurrence in
					 the petition for specialized review.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › IN GENERAL › Rule 1606 - Further Review

Current through Register Vol. 54, No. 28, July 13, 2024
A party wishing to seek review in the Supreme Court of a
						final order of an intermediate appellate court on a petition for specialized
						review must file a timely petition for allowance of appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › SPECIFIC PETITIONS FOR SPECIALIZED REVIEW › Rule 1610 - Review of Bail Orders

Current through Register Vol. 54, No. 28, July 13, 2024
Where the trial court enters an order under Pa.R.A.P.
						1762(b) granting or denying release or modifying the conditions of release
						before sentence, a party may seek review of that order by filing a petition for
						specialized review in the appellate court that would have jurisdiction over the
						appeal from the judgment of sentence. A party shall file the certificate of
						compliance required by Pa.R.A.P. 127 with the petition for specialized
						review.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › SPECIFIC PETITIONS FOR SPECIALIZED REVIEW › Rule 1611 - Review of Special Prosecution Orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Within ten
					 days after the entry of the order sought to be reviewed, a petition for
					 specialized review may be filed in the Supreme Court of Pennsylvania seeking
					 review of the following orders:
(1) An order
					 relating to the supersession of a district attorney by an Attorney General or
					 by a court, or to the appointment, supervision, administration or operation of
					 a special prosecutor.
(2) An order
					 relating to the convening or discharge of an investigating grand jury or
					 otherwise affecting its existence.
(3) An order entered in connection with the
					 supervision, administration, or operation of an investigating grand jury or
					 otherwise directly affecting an investigating grand jury or any investigation
					 conducted by it.
(4) An order
					 enforcing or refusing to enforce a subpoena issued by or otherwise affecting
					 the existence or operation of any investigating committee of the General
					 Assembly.
(5) An order of the type
					 specified in subparagraphs (1) through (4) of this paragraph which contains a
					 statement by the trial court pursuant to
					 42 Pa.C.S. §
													702(b) (interlocutory
					 appeals by permission). Chapter 13 shall not be applicable to such an order.
A party shall file the certificate of compliance required
						by Pa.R.A.P. 127 with the petition for specialized review. Seven copies of any
						filings under this rule shall be filed with the original. Pa.R.A.P. 3309
						(applications for extraordinary relief) shall not be applicable to an order
						reviewable under this rule.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › SPECIFIC PETITIONS FOR SPECIALIZED REVIEW › Rule 1612 - Review of Out-of-Home Placement in Juvenile Delinquency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-If a court
					 under the Juvenile Act,
					 42 Pa.C.S. §§
												6301
et seq.
, enters an order after an adjudication of delinquency
					 of a juvenile pursuant to Pa.R.J.C.P. 409(A)(2) and 515, which places the
					 juvenile in an out-of-home overnight placement in any agency or institution
					 that shall provide care, treatment, supervision, or rehabilitation of the
					 juvenile, the juvenile may file a petition for specialized review. The petition
					 shall be filed within ten days of the order.
(b)
Content
.-A petition for
					 specialized review under paragraph (a) shall contain:
(i) a specific description of any
					 determinations made by the juvenile court;
(ii) the matters complained of;
(iii) a concise statement of the reasons why
					 the juvenile court abused its discretion in ordering the out-of-home
					 placement;
(iv) the proposed terms
					 and conditions of an alternative disposition for the juvenile;
(v) a request that the official court
					 reporter for the juvenile court transcribe the notes of testimony as required
					 by paragraph (g) of this rule; and
(vi) the certificate of compliance required
					 by Pa.R.A.P. 127. Any order(s) and opinion(s) relating to the out-of-home
					 placement and the transcript of the juvenile court's findings shall be attached
					 as appendices. The petition shall be supported by a certificate of counsel to
					 the effect that it is presented in good faith and not for delay.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 16 - SPECIALIZED REVIEW › SPECIFIC PETITIONS FOR SPECIALIZED REVIEW › Rule 1613 - Review of Orders Affecting the Duration of an Indicting Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule
.-Within 10 days after the entry of the order sought to be
					 reviewed, the attorney for the Commonwealth may file a petition for specialized
					 review in the Supreme Court of Pennsylvania seeking review of the following
					 orders affecting the duration of an indicting grand jury:
(1) An order failing to grant an extension of
					 term under Pa.R.Crim.P. 556.5(B); or
(2) An order of discharge under Pa.R.Crim.P.
					 556.5(C).
A party shall file the certificate of compliance required
						by Pa.R.A.P. 127 with the petition for specialized review. Pa.R.A.P. 3309
						(applications for extraordinary relief) shall not be applicable to an order
						reviewable under this rule.
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

Current through Register Vol. 54, No. 28, July 13, 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.
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 1703 - Contents of Application for Stay

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements set forth in Pa.R.A.P.
						123 (Application for Relief), an application for stay pursuant to this chapter
						shall set forth the procedural posture of the case, including the result of any
						application for relief in any court below or federal court, the specific rule
						under which a stay or supersedeas is sought, grounds for relief, and, if
						expedited relief is sought, the nature of the emergency. The application shall
						also identify and set forth the procedural posture of all related proceedings.
						The application shall contain the certificate of compliance required by
						Pa.R.A.P. 127.
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 1704 - Application in a Capital Case for a Stay of Execution or for Review of an Order Granting or Denying a Stay of Execution

Current through Register Vol. 54, No. 28, July 13, 2024
Prior notice of the intent to file an application in a
						capital case for a stay or review of an order granting or denying a stay of
						execution shall be provided to the Prothonotary of the Pennsylvania Supreme
						Court, if prior notice is practicable.
The application for stay or review shall set forth the
						following:
1. The date the warrant
					 issued; the date and nature of the order that prompted the issuance of the
					 warrant; and the date the execution is scheduled, if a date has been
					 set;
2. Whether any direct or
					 collateral challenges to the underlying conviction are pending, and, if so, in
					 what court(s) or tribunal(s);
3.
					 Whether any other applications for a stay of the pending execution have been
					 filed, and, if so, in what court(s) or tribunal(s), when, and the status of the
					 application(s);
4. The grounds for
					 relief and the showing made to the trial court of entitlement to a stay under
					 42 Pa.C.S. §
												9545(c), if
					 applicable;
5. A statement
					 certifying that emergency action is required and setting forth a description of
					 the emergency.
All dockets, pleadings, and orders that are referred to
						in 1-5 above must be attached to the application. If any of the information
						provided in the application changes while the motion is pending, the party
						seeking the stay or review must file with the Pennsylvania Supreme Court
						written notice of the change within 24 hours.
No notice of appeal, petition for review, or petition for
						specialized review needs to be filed in order to file an application under this
						rule.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1731 - Automatic Supersedeas of Orders for the Payment of Money

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule
.-Except as
					 provided by subdivision (b), an appeal from an order involving solely the
					 payment of money shall, unless otherwise ordered pursuant to this chapter,
					 operate as a supersedeas upon filing with the clerk of the lower court of
					 appropriate security in the amount of 120% of the amount found due by the lower
					 court and remaining unpaid. Where the amount is payable over a period of time,
					 the amount found due for the purposes of this rule shall be the aggregate
					 amount payable within 18 months after entry of the order.
(b)
Domestic Relations
					 Matters
.-An appeal from an order of child support, spousal support,
					 alimony, alimony pendente lite, equitable distribution or counsel fees and
					 costs shall operate as a supersedeas only upon application to and order of the
					 trial court and the filing of security as required by subdivision (a). The
					 amount and terms of security shall be within the discretion of the trial
					 court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1732 - Application for Stay or Injunction Pending Appeal. Number of Copies to be Filed

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application to trial court
.-Application for a stay of an order
					 of a trial court pending appeal, or for approval of or modification of the
					 terms of any
supersedeas
, or for an order suspending,
					 modifying, restoring, or granting an injunction during the pendency of an
					 appeal, or for relief in the nature of peremptory mandamus, must ordinarily be
					 made in the first instance to the trial court, except where a prior order under
					 this chapter has been entered in the matter by the appellate court or a judge
					 thereof.
(b)
Contents of
					 application for stay
.-An application for stay of an order of a trial
					 court pending appeal, or for approval of or modification of the terms of any
supersedeas
, or for an order suspending, modifying, restoring,
					 or granting an injunction during the pendency of an appeal, or for relief in
					 the nature of peremptory mandamus, may be made to the appellate court or to a
					 judge thereof, but the application shall show that application to the trial
					 court for the relief sought is not practicable, or that the trial court has
					 denied an application, or has failed to afford the relief which the applicant
					 requested, with the reasons given by the trial court for its action. The
					 application shall also show the reasons for the relief requested and the facts
					 relied upon, and if the facts are subject to dispute the application shall be
					 supported by sworn or verified statements or copies thereof. With the
					 application shall be filed such parts of the record as are relevant. Where
					 practicable, the application should be accompanied by the briefs, if any, used
					 in the trial court. The application shall contain the certificate of compliance
					 required by Pa.R.A.P. 127.
(c)
Number of copies to be filed
.- To determine the number of
					 copies to be filed, see Pa.R.A.P. 124(c) and its Official Note.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1733 - Requirements for Supersedeas on Agreement or Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-An appeal
					 from an order which is not subject to Rule 1731 (automatic supersedeas of
					 orders for the payment of money), shall, unless otherwise prescribed in or
					 ordered pursuant to this chapter, operate as a
supersedeas
only upon the filing with the clerk of the court below of appropriate security
					 as prescribed in this rule. Either court may, upon its own motion or
					 application of any party in interest, impose such terms and conditions as it
					 deems just and will maintain the res or status quo pending final judgment or
					 will facilitate the performance of the order if sustained.
(b)
Tangible property
.-When
					 the order determines the disposition of the property in controversy as in real
					 actions, replevin, and actions to foreclose mortgages or when such property is
					 in the custody of the sheriff, or when the proceeds of such property or
					 appropriate security for its value is in the possession, custody or control of
					 the court, the amount of the additional security shall be fixed by agreement of
					 the parties, or by the court, at such sums only as will secure any damages for
					 the use and detention of the property, interest, the costs of the matter and
					 costs on appeal.
(c)
Other
					 cases
.-In all other cases the security shall be in such amount as the
					 lower court in the first instance or the appellate court or a judge thereof
					 shall deem just and proper.
(d)
Public Officer
.-Where the effect of an order is to remove a
					 public officer from office a supersedeas of the order shall not reinstate the
					 officer unless the order of supersedeas shall expressly so provide.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1734 - Appropriate Security

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-For the purposes of this chapter any of the
					 following, when deposited with the clerk, constitutes appropriate security,
					 unless otherwise ordered pursuant to this chapter:
(1) Legal tender of the United
					 States.
(2) Any of the following,
					 if registered in the name of or to the order of the Commonwealth of
					 Pennsylvania:
(i) United States Treasury
					 bills;
(ii) certificates of deposit
					 issued by a Federally-insured bank, bank and trust company, savings bank,
					 savings association, banking association or savings and loan association having
					 an office within this Commonwealth;
(iii) irrevocable letters of credit issued by
					 a Federally-insured bank, bank and trust company, savings bank, savings
					 association, banking association or saving and loan association having an
					 office within this Commonwealth. The clerk may transfer or negotiate such bills
					 or certificates for the purposes of this chapter.
(3) A bond conforming to the requirements of
					 this rule executed by a surety company which has qualified with the clerk under
					 Section 664 of The Insurance Company Law of 1921 (40 P. S. §
													835).
(4) A bond conforming to the requirements of
					 this rule executed by a surety approved by the court as
					 sufficient.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1735 - Effect of Supersedeas on Execution or Distribution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The filing
					 of appropriate security in the amount required by or pursuant to this chapter
					 within 30 days from the entry of the order appealed from shall stay any
					 execution theretofore entered. The filing of such appropriate security after
					 the 30 day period shall stay only executions or distributions thereafter issued
					 or ordered.
(b)
Notation in
					 judgment index
.-Upon the filing of appropriate security in the amount
					 required by or pursuant to this chapter the clerk of the lower court shall note
					 in the docket and in any separate judgment index: "appeal perfected; lien
					 discharged." Upon return of the record by the appellate court to the lower
					 court, in a matter where the order appealed from was affirmed in whole or in
					 part, the clerk of the lower court shall thereupon enter an order, as of the
					 date of receipt of the remanded record, against the appellant for the amount
					 due upon the order as affirmed, with interest and costs as provided by
					 law.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1736 - Exemption from Security

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-No security shall be required of:
(1) The Commonwealth or any officer thereof,
					 acting in his official capacity.
(2) Any political subdivision or any officer
					 thereof, acting in his official capacity, except in any case in which a common
					 pleas court has affirmed an arbitration award in a grievance or similar
					 personnel matter.
(3) A party
					 acting in a representative capacity.
(4) A taxpayer appealing from a judgment
					 entered in favor of the Commonwealth upon an account duly settled when security
					 has already been given as required by law.
(5) An appellant who has already filed
					 security in a lower court, conditioned as prescribed by these rules for the
					 final outcome of the appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1737 - Modification of Terms of Supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The trial court or the appellate court,
					 may at any time, upon application of any party and after notice and opportunity
					 for hearing:
(1) require security of a party
					 otherwise exempt from the requirement of filing security upon cause
					 shown;
(2) strike off security
					 improperly filed;
(3) permit the
					 substitution of surety and enter an exoneration of the former surety;
					 or
(4) increase, decrease,
					 eliminate, or otherwise alter the amount or type of any security that has been
					 or is to be filed by a party, upon cause shown for the
					 modification.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1738 - Substitution of Security

Current through Register Vol. 54, No. 28, July 13, 2024
The clerk of the lower court, unless otherwise ordered
						pursuant to this chapter, shall permit an appellant to withdraw all or part of
						the security and substitute other appropriate security complying with the
						requirements of this chapter.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1739 - Order for Sale of Perishable Property

Current through Register Vol. 54, No. 28, July 13, 2024
When perishable property is the subject of the appeal,
						the lower court may make any order relating to its sale or disposition that
						shall be necessary or proper, and direct any fund realized to be paid into
						court to await the outcome of the appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1740 - Order for an Accounting

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise ordered pursuant to this chapter the
						taking of an appeal from an order directing an accounting shall operate as a
						supersedeas of the order.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY OR INJUNCTION IN CIVIL MATTERS › Rule 1751 - Form of Bond

Current through Register Vol. 54, No. 28, July 13, 2024
A bond under this chapter may be in substantially the
						following form:
(Caption)
Appellant, having appealed from an order of the Court of
						Common Pleas of _________________ County [or "of the _______ Judicial
						District"], entered in this matter on the ___ day of ___ , 19 ______ , and
						having procured the execution of this instrument for the purpose of complying
						with the Pennsylvania Rules of Appellate Procedure, the undersigned surety
						acknowledges itself bound and indebted to the Commonwealth of Pennsylvania, for
						the use of the persons or parties entitled thereto, in the sum. ____________
						dollars ($ ), to be paid as required by law.
Upon conclusion of this matter, if the appellant
						satisfies the above identified order or any court order modifying or affirming
						that order and pays all costs, interest and damages for delay that may be
						awarded, this obligation shall be void; otherwise, it shall remain in
						force.
Date ______
____________
(Name of Surety)
By ______________________________________
(Name and Title of Authorized
						signatory)
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY IN CRIMINAL MATTERS › Rule 1761 - Capital Cases

Current through Register Vol. 54, No. 28, July 13, 2024
The pendency of proceedings under Rule 1941 (review of
						sentence of death) shall stay execution of sentence of death.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY IN CRIMINAL MATTERS › Rule 1762 - Release in Criminal Matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Bail when an appeal is pending
.-Applications relating to bail
					 when an appeal is pending shall ordinarily first be presented to the trial
					 court and shall be governed by the Pennsylvania Rules of Criminal Procedure. If
					 the trial court denies relief, a party may seek relief in the appellate court
					 by filing an application, pursuant to Pa.R.A.P. 123, ancillary to the pending
					 appeal.
(b)
Bail when no
					 appeal is pending
.-Applications relating to bail when no appeal is
					 pending:
(1) Applications relating to bail
					 when no appeal is pending shall first be presented to the trial court and shall
					 be governed by the Pennsylvania Rules of Criminal Procedure.
(2) An order relating to bail shall be
					 subject to review pursuant to Chapter 16.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY IN CRIMINAL MATTERS › Rule 1763 - Vacation of Supersedeas on Affirmance of Conviction

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise ordered pursuant to this chapter, upon
						the remand of the record in any matter in which the judgment of sentence was
						affirmed a defendant who has been released pending appeal shall appear in the
						lower court at such time as the defendant may be there called, and shall be
						committed by that court until the defendant has complied with the original
						sentence, or any part thereof which had not been performed at the time the
						defendant was released pending appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY IN CRIMINAL MATTERS › Rule 1764 - Other Stays in Criminal Matters

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise prescribed by the Pennsylvania Rules
						of Criminal Procedure, Rule 1731 (automatic supersedeas of orders for the
						payment of money) et seq. shall be applicable to criminal or quasi-criminal
						matters or orders relating thereto which are not within the scope of Rule 1761
						(capital cases) through Rule 1763 (vacation of supersedeas on affirmance of
						conviction).
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › REVIEW OF DISPOSITIONAL ORDER FOR OUT OF HOME PLACEMENT IN JUVENILE DELINQUENCY MATTERS › Rule 1770 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY PENDING ACTION ON PETITION FOR REVIEW › Rule 1781 - Stay Pending Action on Petition for Review or Petition for Specialized Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application to government unit
.-Application for a stay or
					 supersedeas of an order or other determination of any government unit pending
					 review in an appellate court on petition for review or petition for specialized
					 review shall ordinarily be made in the first instance to the government
					 unit.
(b)
Contents of
					 application for stay or supersedeas
.-An application for stay or
					 supersedeas of an order or other determination of a government unit, or for an
					 order granting an injunction pending review, or for relief in the nature of
					 peremptory mandamus, may be made to the appellate court or to a judge thereof,
					 but the application shall show that application to the government unit for the
					 relief sought is not practicable, or that application has been made to the
					 government unit and denied, with the reasons given by it for the denial, or
					 that the action of the government unit did not afford the relief that the
					 applicant had requested. The application shall also show the reasons for the
					 relief requested and the facts relied upon, and if the facts are subject to
					 dispute, the application shall be supported by sworn or verified statements or
					 copies thereof. With the application shall be filed such parts, if any, of the
					 record as are relevant to the relief sought. The application shall contain the
					 certificate of compliance required by Pa.R.A.P. 127.
(c)
Notice and action by
					 court
.-Upon such notice to the government unit as is required by
					 Pa.R.A.P. 123, the appellate court, or a judge thereof, may grant an order of
					 stay or
supersedeas
, including the grant of an injunction
					 pending review or relief in the nature of peremptory mandamus, upon such terms
					 and conditions, including the filing of security, as the court or the judge
					 thereof may prescribe. Where a statute requires that security be filed as a
					 condition to obtaining a
supersedeas
, the court shall require
					 adequate security.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 17 - EFFECT OF APPEALS; SUPERSEDEAS AND STAYS › STAY PENDING ACTION ON PETITION FOR REVIEW › Rule 1782 - Security on Review in Tax Matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule
.-A petition for review of an order of the Board
					 of Finance and Revenue in a tax matter shall, unless otherwise ordered pursuant
					 to this chapter, operate as a supersedeas upon the filing with the Prothonotary
					 of the Commonwealth Court of appropriate security in the amount of 120% of the
					 amount of taxes and penalty found due by the Board and remaining
					 unpaid.
(b)
Form of
					 bond
.-A bond under this rule may be in substantially the following
					 form:
[Caption]
Petitioner, having sought review of an order of the Board
						of Finance and Revenue entered (or deemed entered) in this matter on the day of
						, 19 , and having procured the execution of this instrument for the purpose of
						complying with the Pennsylvania Rules of Appellate Procedure, the undersigned
						surety acknowledges itself bound and indebted to the Commonwealth of
						Pennsylvania in the amount of $( ), which is 120% of the sum of $ ___ (taxes
						found due) and $( ) (penalty found due), the amount of taxes and penalty found
						due by the Board and remaining unpaid in this matter, to be paid as required by
						law.
Upon conclusion of this matter, if the petitioner
						satisfies the above identified order or any court order modifying or affirming
						that order and pays all costs, interest and any damages for delay that may be
						awarded, this obligation shall be void; otherwise it shall remain in full
						force.
Date ____________
______________________________________
(Name of Surety)
By
______________________________________
(Name and Title of Authorized Signatory)
The requirement of a bond for costs only (as where the
						  full amount of the tax found due below has already been paid) has been
						  eliminated.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1911 - Request for transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-The appellant shall request any transcript
					 required under this chapter in the manner and make any necessary payment or
					 deposit therefor in the amount and within the time prescribed by Rules 4001 et
					 seq. of the Pennsylvania Rules of Judicial Administration.
(b)
Cross-appeals
.-Where a
					 cross-appeal has been taken, the cross-appellant shall also have a duty to pay
					 for and cause the transcript to be filed and shall share the initial expense
					 equally with all other appellants.
(c)
Form
.-The request for
					 transcript may be endorsed on, incorporated into, or attached to the notice of
					 appeal or other document and shall be in substantially the following form:
[Caption]
A (notice of appeal) (petition for review) (petition for
						specialized review) (other appellate paper, as appropriate) having been filed
						in this matter, the official court reporter is hereby requested to produce,
						certify and file the transcript in this matter in conformity with Rule 1922 of
						the Pennsylvania Rules of Appellate Procedure.
_______________________
Signature
(d)
Effect of failure to
					 comply
.-If the appellant fails to take the action required by these
					 rules and the Pennsylvania Rules of Judicial Administration for the preparation
					 of the transcript, the appellate court may take such action as it deems
					 appropriate, which may include dismissal of the appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1921 - Composition of Record on Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The original papers and exhibits filed in the lower
						court, paper copies of legal papers filed with the prothonotary by means of
						electronic filing, the transcript of proceedings, if any, and a certified copy
						of the docket entries prepared by the clerk of the lower court shall constitute
						the record on appeal in all cases.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1922 - Transcription of Notes of Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Request for
					 Transcripts
.-An appellant may file a request for transcripts under
					 Pennsylvania Rule of Judicial Administration 4007 prior to or concurrent with
					 the notice of appeal. If a deposit is required, the appellant shall make the
					 deposit at the time of the request for the transcript unless the appellant is
					 requesting a waiver of the cost because of economic hardship. Unless another
					 Rule of Appellate Procedure provides a shorter time, the court reporter shall
					 provide the trial judge with the transcript within 14 days of the request for
					 transcript. When the appellant receives notice under Rule of Judicial
					 Administration 4007(D)(3) that the transcript has been prepared, the appellant
					 has 14 days to pay the final balance in compliance with that rule.
(b)
Filing of the
					 Transcript
.-When the transcript is delivered to the filing office and
					 the parties under Rule of Judicial Administration 4007(D)(4), the transcript
					 shall be entered on the docket.
(c)
Corrections to Transcript
.-If a transcript contains an error
					 or is an incomplete representation of the proceedings, the omission or
					 misstatement may be corrected by the following means:
(1) By objection. A party may file a written
					 objection to the filed transcript. Any party may answer the objection. The
					 trial court shall resolve the objections and then direct that the transcript as
					 corrected be made a part of the record and transmitted to the appellate
					 court.
(2) By stipulation of the
					 parties filed in the trial court. If the trial court clerk has already
					 certified the record, the parties shall file in the appellate court a copy of
					 any stipulation filed pursuant to this rule, and the trial court shall direct
					 that the transcript as corrected be made a part of the record and transmitted
					 to the appellate court.
(3) By the
					 trial court or, if the record has already been transmitted to the appellate
					 court, by the appellate court or trial court on remand, with notice to all
					 parties and an opportunity to respond.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1923 - Statement in Absence of Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
If no report of the evidence or proceedings at a hearing
						or trial was made, or if a transcript is unavailable, the appellant may prepare
						a statement of the evidence or proceedings from the best available means,
						including his recollection. The statement shall be served on the appellee, who
						may serve objections or propose amendments thereto within ten days after
						service. Thereupon the statement and any objections or proposed amendments
						shall be submitted to the lower court for settlement and approval and as
						settled and approved shall be included by the clerk of the lower court in the
						record on appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1924 - Agreed Statement of Record

Current through Register Vol. 54, No. 28, July 13, 2024
In lieu of the record on appeal as defined in Rule 1921
						(composition of record on appeal), the parties may prepare and sign a statement
						of the case showing how the issues presented by the appeal arose and were
						decided in the lower court and setting forth only so many of the facts averred
						and proved or sought to be proved as are essential to a decision of the issues
						presented. If the statement conforms to the truth, it, together with such
						additions as the lower court may consider necessary fully to present the issues
						raised by the appeal, shall be approved by the lower court and shall then be
						certified to the appellate court as the record on appeal and transmitted
						thereto by the clerk of the lower court within the time prescribed by Rule 1931
						(transmission of the record). Copies of the agreed statement and the order from
						which the appeal is taken may be filed as the reproduced record.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article II - APPELLATE PROCEDURE › Chapter 19 - PREPARATION AND TRANSMISSION OF RECORD AND RELATED MATTERS › RECORD ON APPEAL FROM LOWER COURT › Rule 1925 - Opinion in Support of Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Opinion in support of
					 order.
(1)
General
					 rule
.-Except as otherwise prescribed by this rule, upon receipt of the
					 notice of appeal, the judge who entered the order giving rise to the notice of
					 appeal, if the reasons for the order do not already appear of record, shall
					 within the period set forth in Pa.R.A.P. 1931(a)(1) file of record at least a
					 brief opinion of the reasons for the order, or for the rulings or other errors
					 complained of, or shall specify in writing the place in the record where such
					 reasons may be found.
If the case appealed involves a ruling issued by a judge
						who was not the judge entering the order giving rise to the notice of appeal,
						the judge entering the order giving rise to the notice of appeal may request
						that the judge who made the earlier ruling provide an opinion to be filed in
						accordance with the standards above to explain the reasons for that
						ruling.
(2)
Children's fast track appeals
.-In a children's fast track
					 appeal:
(i) The concise statement of errors
					 complained of on appeal shall be filed and served with the notice of
					 appeal.
(ii) Upon receipt of the
					 notice of appeal and the concise statement of errors complained of on appeal
					 required by Pa.R.A.P. 905(a)(2), the judge who entered the order giving rise to
					 the notice of appeal, if the reasons for the order do not already appear of
					 record, shall within 30 days file of record at least a brief opinion of the
					 reasons for the order, or for the rulings or other errors complained of, which
					 may, but need not, refer to the transcript of the proceedings.
(3)
Appeals arising under
					 the Pennsylvania Code of Military Justice
.-In an appeal arising under
					 the Pennsylvania Code of Military Justice, the concise statement of errors
					 complained of on appeal shall be filed and served with the notice of appeal.
See
Pa.R.A.P. 4004(b).