Current through Register Vol. 54, No. 49, December 7, 2024
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.The provisions of this Rule 1702 amended May 16, 1979, effective 9/30/1979, 9 Pa.B. 1740; amended October 7, 2005, effective 2/1/2006, 35 Pa.B. 5768; amended May 31, 2013, effective immediately, 43 Pa.B. 3223; amended January 7, 2020, effective 8/1/2020, 50 Pa.B. 505; amended November 10, 2021, effective 1/1/2022, 51 Pa.B. 7341.