Current through Register Vol. 54, No. 42, October 19, 2024
Rule 1736 - Exemption from Security(a)General rule.-No security shall be required of: (1) The Commonwealth or any officer thereof, acting in his official capacity.(2) Any political subdivision or any officer thereof, acting in his official capacity, except in any case in which a common pleas court has affirmed an arbitration award in a grievance or similar personnel matter.(3) A party acting in a representative capacity.(4) A taxpayer appealing from a judgment entered in favor of the Commonwealth upon an account duly settled when security has already been given as required by law.(5) An appellant who has already filed security in a lower court, conditioned as prescribed by these rules for the final outcome of the appeal.(b)Supersedeas automatic.-Unless otherwise ordered pursuant to this chapter the taking of an appeal by any party specified in Subdivision (a) of this rule shall operate as a supersedeas in favor of such party, which supersedeas shall continue through any proceedings in the United States Supreme Court.The provisions of this Rule 1736 amended December 11, 1978, effective 12/30/1978, 8 Pa.B. 3802; amended May 16, 1979, effective 9/30/1979, 9 Pa.B. 1740; 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; amended September 20, 2011, effective immediately, 41 Pa.B. 5353.