Rule 1702. Stay Ancillary to Appeal.

 (a)  General rule.—Applications for relief under this chapter will not be entertained by an appellate court or a judge thereof until after a notice of appeal has been filed in the lower court and docketed in the appellate court or a petition for review has been filed.

 (b)  Proceedings on petition for allowance of or permission to appeal.—Applications for relief under this chapter may be made without the prior filing of a petition for allowance of appeal or petition for permission to appeal, but the failure to effect timely filing of such a petition, or the denial of such a petition, shall automatically vacate any ancillary order entered under this chapter. In such a case the clerk of the court in which the ancillary order was entered shall, on praecipe of any party to the matter, enter a formal order under this rule vacating such ancillary order.

 (c)  Supreme Court review of appellate court supersedeas and stay determinations.—No appeal, petition for allowance of appeal or petition for review need be filed in the Supreme Court in connection with a reapplication under Rule 3315 (review of stay orders of appellate courts).

 (d)  Stay of execution.—When a trial court enters an order granting or denying a stay of execution in a capital case, such order may be reviewed by the Supreme Court upon application pursuant to Rule 123. No appeal or petition for review need be filed in connection with an application for review of a stay order in a capital case.

   Official Note

   Based on former Superior Court Rule 53 and Commonwealth Court Rule 112A, which required the taking of an appeal prior to an application for supersedeas or other interlocutory order. Subdivision (b) is new and is added in recognition of the fact that the drafting of a petition for allowance of appeal or a petition for permission to appeal in the form required by these rules may not be possible prior to the time when an application for supersedeas may have to be made in the appellate court in order to avoid substantial harm.

   The provisions of this Rule 1702 amended May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740; amended October 7, 2005, effective February 1, 2006, 35 Pa.B. 5768. Immediately preceding text appears at serial pages (315518) to (315519).