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PA Bulletin, Doc. No. 13-263

THE COURTS

Title 210—APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

[ 210 PA. CODE CH. 25 ]

Order Amending Rule 2572 of the Rules of Appellate Procedure; No. 222 Appellate Procedural Rules Doc.

[43 Pa.B. 964]
[Saturday, February 16, 2013]

Order

Per Curiam

 And Now, this 29th day of January, 2013, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of efficient administration:

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Appellate Procedure 2572 is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on March 1, 2013.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

ARTICLE II. APPELLATE PROCEDURE

CHAPTER 25. POST-SUBMISSION PROCEEDINGS

REMAND OF RECORD

Rule 2572. Time for Remand of Record.

*  *  *  *  *

 (c) Stay of remand pending United States Supreme Court Review.—A stay of the remand of the record pending review in the Supreme Court of the United States may be granted upon application to the appellate court possessed of the record in the case. The stay shall not exceed [30] 90 days unless the period is extended for cause shown. If during the period of the stay there is filed with the prothonotary of the appellate court possessed of the record a notice from the Clerk of the Supreme Court of the United States that the party who has obtained the stay has filed a jurisdictional statement or a petition for a writ of certiorari in that court, the stay shall continue until final disposition by the Supreme Court of the United States. Upon the filing of a copy of an order of the Supreme Court of the United States dismissing the appeal or denying the petition for a writ of certiorari the record shall be remanded immediately.

 (d) Security.—Appropriate security in an adequate amount may be required as a condition to the grant or continuance of a stay of remand of the record.

 (e) Docket entry of remand.—The prothonotary of the appellate court shall note on the docket the date on which the record is remanded and give written notice to all parties of the date of remand.

 Official Note: Subdivision (a) is based upon former Commonwealth Court Rule 115A. Former Superior Court Rule 58 permitted the record to be returned to the lower court before the order became final upon expiration of the time to petition for allowance of appeal.

 Subdivision (b) extends the ten day period of former Supreme Court Rule 67 to 14 days to conform to the 14 day period for applying for reargument under Rule 2542(a)(1) (time for application for reargument).

 Subdivision (c) is patterned after Fed. Rules App. Proc. [41(b)] 41 and fills a void in the prior practice. The time periods may be modified by order under Rule 105 (waiver and modification of rules).

[Pa.B. Doc. No. 13-263. Filed for public inspection February 15, 2013, 9:00 a.m.]


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