The Pennsylvania Precise For Termination of Supersedes is a form required by the Pennsylvania court system for the termination of a supersedes bond. It is used when an appellate court has granted a party relief from any form of a judgment, order, or decree, and is seeking to terminate the associated supersedes bond. The form must be completed and signed by the party or their attorney of record. The form includes the name of the court, the docket number, the name of the party or their attorney requesting termination of the bond, and the amount of the supersedes bond. There are two types of Pennsylvania Precise For Termination of Supersedes: the Precise for Termination of Supersedes Bond and the Precise for Termination of Supersedes Bond for Litigation Costs. The Precise for Termination of Supersedes Bond is used when a party is seeking the termination of a bond that was posted in order to stay any judgment, order, or decree of the court. The Precise for Termination of Supersedes Bond for Litigation Costs is used when a party is seeking the termination of a bond that was posted in order to secure the payment of litigation costs.
Pennsylvania Praecipe For Termination of Supersedeas
Description
Key Concepts & Definitions
Praecipe for Termination of Supersedeas: A legal document filed in a court where a party requests to terminate a previously granted supersedeas order. A supersedeas, commonly known as a stay of execution, pauses the enforcement of a judgment pending an appeal.
Step-by-Step Guide
- Review the original judgment and supersedeas: Understand the details and the scope of the judgment and the supersedeas order currently in effect.
- Check legal grounds: Identify legal grounds under which the supersedeas can be terminated, such as completion of appellate proceedings or a change in law.
- Prepare the praecipe: Draft the praecipe document, precisely indicating the reasons for requesting the termination of the supersedeas.
- File the praecipe: Submit the praecipe to the court that issued the original supersedeas. Include any necessary legal arguments or evidence supporting the termination.
- Serve other parties: Provide copies of the filed praecipe to all relevant parties involved in the original case.
- Attend the hearing: Be prepared to argue your case at a possible court hearing regarding the praecipe request.
Risk Analysis
- Legal risks: Inaccuracies in the praecipe can lead to denial of the motion or delays in the proceedings.
- Financial risks: Filing and legal fees involved in the process might not lead to a favorable outcome, adding financial burden without achieving the desired result.
- Reputational risks: Poorly managed legal processes can affect the reputation of the parties involved, particularly in cases visible to the public or industry.
Key Takeaways
- A praecipe for termination of supersedeas is a crucial document in legal appeals processes.
- Detailed understanding and correct drafting of the praecipe are essential to avoid delays and denials.
- Legal advice is recommended when dealing with complex legal documents and proceedings.
Best Practices
- Consult an experienced attorney: Navigating the complexities of appellate law requires professional guidance.
- Ensure accuracy: Double-check all legal references and factual information in the praecipe.
- Understand the timeline: Be aware of and adhere to all relevant deadlines and timelines for filing and notifications.
Common Mistakes & How to Avoid Them
- Failure to notify all parties: Always serve all parties involved in the original case to prevent any claims of improper notification.
- Neglecting court protocols: Each court might have specific requirements or formats that need to be followed; ignoring these can lead to filing errors.
FAQ
- What is a supersedeas? A supersedeas is a court order that temporarily stops the enforcement of a trial court judgment pending appeal.
- Why would one need to terminate a supersedeas? Termination may be needed if the appeal is decided, making the stay of execution moot, or if a change in circumstances justifies lifting the stay.
How to fill out Pennsylvania Praecipe For Termination Of Supersedeas?
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Order for Possession If you disagree with the decision and want to stay in the home, you will need to file an Appeal to the Court of Common Pleas within 10 days of the judgment date and post a bond. See Appeal Process.
A writ is a directive from this court to a trial court, an administrative agency, or a person to do something or to stop doing something. Unlike appeals, which are heard as a matter of right, writ petitions are generally heard as a matter of discretion, and they are governed by equitable principles.
A Supersedeas Bond is a surety bond purchased by the appellant (aka petitioner) in an appealed civil lawsuit. A supersedeas bond is usually required by the court if a losing party in a civil suit wants to appeal the judgment against them.
(1) Unless otherwise ordered, any opposition must be served and filed within 15 days after the petition is filed.
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.
§ 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
A writ is an order issued by a legal authority with administrative or judicial powers, typically a court.
After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.