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PA Bulletin, Doc. No. 11-1720

THE COURTS

Title 210—APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

[ 210 PA. CODE CH. 17 ]

Order Amending Rule 1736 of the Rules of Appellate Procedure; No. 214 Appellate Procedural Rules Doc.

[41 Pa.B. 5353]
[Saturday, October 8, 2011]

Order

Per Curiam

 And Now, this 20th day of September, 2011 upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been published at 38 Pa.B. 1445 (March 29, 2008).

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pa.R.A.P. 1736 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 immediately.

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.

*  *  *  *  *

 (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.

 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. 11-1720. Filed for public inspection October 7, 2011, 9:00 a.m.]


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