Pennsylvania Precise for Termination of Supersedes — Certiorari is a court document used to end or withdraw a supersedes bond that was filed in a Pennsylvania court. This document is typically filed when the party appealing the court’s decision wishes to discontinue the appeal process. There are two types of Pennsylvania Precise for Termination of Supersedes — Certiorari: a Precise for Termination of Supersedes in an Appeal to a Higher Court and a Precise for Termination of Supersedes in a Petition for Allowance of Appeal. Both documents are used to request that the Pennsylvania court cancel or withdraw the supersedes bond that was filed by the appealing party and to terminate the supersedes. The documents must be signed and filed with the court by the appealing party or their attorney.
Pennsylvania Praecipe for Termination of Supersedeas - Certiorari
Description
Key Concepts & Definitions
Praecipe for Termination of Supersedeas is a legal document or request filed in a court of law with the aim to terminate a supersedeas bond. A supersedeas bond, often termed as an appeal bond, is a type of surety bond that a court requires from an appellant who wants to delay payment of a judgment or execution of a decision until the appeal is over.
Step-by-Step Guide
- Identify the need to terminate the supersedeas by reviewing the basis of its establishment and the current status of the appeal.
- Consult with legal counsel to confirm the feasibility and advisability of filing a praecipe for termination of supersedeas.
- Gather and prepare necessary documentation, such as the original judgment, proof of supersedeas bond, and details of the appeals progress or conclusion.
- File the praecipe in the same court where the original case was heard, adhering to the format and procedural requirements of the jurisdiction.
- Notify all parties involved in the original case and the appeal about the filing of the praecipe.
- Attend any hearings scheduled by the court to argue the case for termination of the supersedeas, if necessary.
- Comply with the court's decision regarding the praecipe and execute any required actions accordingly.
Risk Analysis
- Legal Risks: Improper filing of a praecipe or failure to adhere to legal protocols can result in its dismissal or legal repercussions.
- Financial Risks: If the supersedeas is terminated and the appeal is still ongoing, the appellant might be compelled to pay the original judgment amount, impacting financial stability.
- Reputational Risks: Parties seeking early termination of a supersedeas might be viewed unfavorably by courts or peers, affecting future legal proceedings.
Common Mistakes & How to Avoid Them
- Not consulting with legal counsel prior to filing, which can lead to errors in the process. Always seek legal advice.
- Filing without sufficient documentation or proof of the appeals status. Ensure all documents are in order before submission.
- Inadequately notifying all involved parties leading to procedural challenges. Confirm all notifications are properly directed and documented.
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FAQ
Supersedeas is a legal term used in Pennsylvania workers' compensation law that essentially means your employer is seeking permission to stop your wage loss payments immediately.
Supersedeas (also termed ?writ of supersedeas?) is Latin for ?you shall desist,? and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor's power to levy execution. Last updated in August of 2021 by the Wex Definitions Team
§ 702(c) (supersedeas) provides that, except as otherwise prescribed by general rule, a petition for permission to appeal under that section shall not stay the proceedings before the trial court or other government unit, unless the trial court or other government unit or the appellate court or a judge thereof shall so
Rule 1701 - Effect of Appeal Generally (a)General rule. -Except as otherwise prescribed by these rules, after an appeal is taken or review of a quasijudicial order is sought, the trial court or other government unit may no longer proceed further in the matter.
A defendant who prevails on certiorari proceedings brought by the defendant or who obtains a favorable judgment upon appeal by either party shall not be liable for costs incurred by the plaintiff in the preceding magisterial district court proceeding and may recover taxable costs in that proceeding from the plaintiff
If an appeal is stricken or voluntarily terminated, any supersedeas based on it shall terminate. The prothonotary shall pay the deposits of rental to the party who sought possession of the real property.
Supersedeas (also termed ?writ of supersedeas?) is Latin for ?you shall desist,? and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor's power to levy execution.