Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1731 - Automatic Supersedeas of Orders for the Payment of Money(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.The provisions of this Rule 1731 amended November 24, 1986, effective 12/13/1986, 16 Pa.B. 4798; amended December 30, 1987, effective 1/16/1988 and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 18 Pa.B. 245.