210 Pa. Code r. 2572 - Time for Remand of Record
(a)
General rule.-Except as provided in paragraphs (b) or (c), the
record shall be remanded after the entry of the judgment or other final order
of the appellate court possessed of the record.
(1)
Supreme Court
orders.-The time for the remand of the record following orders of the
Supreme Court shall be
(i) Seven days after
expiration of the time for filing an appeal or petition for writ of
certiorari to the United States Supreme Court in cases in
which the death penalty has been imposed, and
(ii) 14 days in all other
cases.
(2)
Intermediate Appellate Court orders.-The record shall be
remanded to the court or other government unit from which it was certified at
the expiration of 30 days after the entry of the judgment or other final order
of the appellate court possessed of the record.
(b)
Effect of pending post-decision
applications on remand.-Remand is stayed until disposition of:
(1) an application for reargument;
(2) any other application affecting the
order; or
(3) a petition for
allowance of appeal from the order. The court possessed of the record shall
remand 30 days after either the entry of a final order or the disposition of
all post-decision applications, whichever is later.
(c)
Stay of remand pending United
States Supreme Court Review.-Upon application, the Supreme Court of
Pennsylvania may stay remand of the record pending review in the Supreme Court
of the United States. The Supreme Court Prothonotary shall notify the court
having possession of the record of the application and of disposition of the
application. The stay shall not exceed 90 days unless the period is extended
for cause shown. If a stay is granted and the Clerk of the Supreme Court of the
United States notifies the Supreme Court of Pennsylvania that the party that
obtained the stay has filed a jurisdictional statement or a petition for a writ
of certiorari, the stay shall continue until final disposition
by the Supreme Court of the United States. Upon the filing in the Supreme Court
of Pennsylvania 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.
Notes
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