Current through Register Vol. 54, No. 42, October 19, 2024
Rule 1704 - Application in a Capital Case for a Stay of Execution or for Review of an Order Granting or Denying a Stay of ExecutionPrior 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.
The provisions of this Rule 1704 adopted May 31, 2013, effective immediately, 43 Pa.B. 3223; amended January 7, 2020, effective 8/1/2020, 50 Pa.B. 505.