Rule 1702. Stay Ancillary to Appeal or Review.
(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.
Official Note
Relief sought from an appellate court should be in the form of an application in accordance with Pa.R.A.P. 123 and Pa.R.A.P. 1703.
Paragraph (a) reflects the requirement that when an appellant has a right of appeal or review, the notice of appeal, or petition for review or specialized review must be filed before the application seeking a stay is filed pursuant to Pa.R.A.P. 1732(a) (Application for Stay or Injunction Pending Appeal) or Pa.R.A.P. 1781(a) (Stay Pending Action on Petition for Review or Petition for Specialized Review). Stays pending the outcome of post-trial or post-sentence motions are not governed by this chapter. See, e.g., Pa.R.C.P. 227.1 (Post-Trial Relief); Pa.R.Crim.P. 720 (Post-Sentence Procedures; Appeal).
Source 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; amended May 31, 2013, effective immediately, 43 Pa.B. 3223; amended January 7, 2020, effective August 1, 2020, 50 Pa.B. 505; amended November 10, 2021, effective January 1, 2022, 51 Pa.B. 7341. Immediately preceding text appears at serial page (401659).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
