THE COURTS

Title 210--APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

[210 PA. CODE CH. 17]

Proposed Amendment to Rule 1736

[38 Pa.B. 1445]
[Saturday, March 29, 2008]

   The Appellate Court Procedural Rules Committee proposes to amend Pennsylvania Rule of Appellate Procedure 1736. The amendments are being submitted to the bench and bar for comments and suggestions prior to their submission to the Supreme Court.

   Proposed new material is in bold while deleted material is bracketed.

   All communications in reference to the proposed amendment should be sent no later than April 28, 2008 to:

Dean R. Phillips, Chief Counsel
D. Alicia Hickok, Deputy Counsel
Scot Withers, Deputy Counsel
Appellate Court Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055

or Fax to
717-795-2116

or E-Mail to
appellaterules@pacourts.us

By the Appellate Court
Procedural Rules Committee

HONORABLE JANE CUTLER GREENSPAN,   
Chair

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE II.  APPELLATE PROCEDURE

CHAPTER 17.  EFFECT OF APPEALS; SUPERSEDEAS AND STAYS

STAY OR INJUNCTION IN CIVIL MATTERS

Rule 1736. Exemption from Security.

   (a)  General rule.--No security shall be required of:

*      *      *      *      *

   (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.

   Official Note:  This rule is self-executing, and a party entitled to its benefits is not required to bring the exemption to the attention of the court under Rule 1732 (application for stay or injunction pending appeal). However, the appellee may apply under Rule 1732 for elimination or other modification of the automatic supersedeas or under Rule 1737 (objections to security) for an order requiring security as a condition to the continuance of the stay, or for relief under any other applicable provision of this chapter.

   The 1987 amendment eliminates the automatic supersedeas for political subdivisions on appeals from the common pleas court where that court has affirmed an arbitration award in a grievance or similar personnel matter.

Explanatory Comment--2008

   The definition of ''Appeal'' in Pa.R.A.P. 102 does not reference proceedings in the United States Supreme Court. Rule 102 further defines ''Determination'' as ''Action or inaction by a government unit which action or inaction is subject to judicial review by a court under Section 9 of Article V of the Constitution of Pennsylvania or otherwise.'' While the word ''otherwise'' could be read broadly to include the United States Supreme Court, the more specific reference to the Pennsylvania Constitution as limiting the scope of the term suggests that the Federal Courts are not part of the definition when ''court'' is used in the Rules. In light of this ambiguity, the Rule has been amended to make clear that the automatic supersedeas in subsection (b) continues through any proceedings in the United States Supreme Court.

[Pa.B. Doc. No. 08-558. Filed for public inspection March 28, 2008, 9:00 a.m.]

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