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In re Order Amending Rule 2572 of Pennsylvania Rules of Appellate Procedure

Supreme Court of Pennsylvania

February 14, 2017

IN RE: ORDER AMENDING RULE 2572 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE

         APPELLATE PROCEDURAL RULES

          ORDER

          PER CURIAM

         AND NOW, this 14th day of February, 2017, 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) in the interest of efficient administration:

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

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective April 1, 2017.

         Additions to the rule are shown in bold and are underlined.

         Deletions from the rule are shown in bold and brackets.

         Rule 2572. Time for Remand of Record.

         (a) General rule.-[Unless otherwise ordered:] Except as provided in paragraphs (b) or (c), [(1) The] the record shall be remanded [to the court or other tribunal 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.

         [(2) The pendency of an application for reargument, or of any other application affecting the order, or the pendency of a petition for allowance of appeal from the order, shall stay the remand of the record until the disposition thereof, and until after 30 days after the entry of a final order in the appellate court possessed of the record.]

         [(b)](1) Supreme Court orders.-The time for the remand of the record [pursuant to subdivision (a)] following orders of the Supreme Court shall be

[(1)](i) [7]Seven days after expiration of the time for filing an appeal or petition for writ of [certiorari]certiorari to the United States Supreme Court in cases in which the death penalty has been imposed, and

[(2)](ii) 14 days in all other cases.

         [Official Note

         The amendment provides for remand seven days after expiration of the time for appeal or petition for writ of certiorari to the United States Supreme Court in cases in which the death penalty has been imposed. This keeps the movement of the record to a minimum, ...


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