Current through Register Vol. 54, No. 44, November 2, 2024
Section 41.52 - Contents of petition for supersedeas(a) A petition for supersedeas must plead facts with particularity and be supported by one of the following: (1) Affidavits prepared as specified in Pa.R.C.P. Nos. 76 and 1035.4 (relating to definitions; and motion for summary judgment), setting forth facts upon which issuance of the supersedeas may depend.(2) An explanation of why affidavits have not accompanied the petition if no supporting affidavit is submitted with the petition for supersedeas.(b) A petition for supersedeas must state with particularity the citations of legal authority the petitioner believes form the basis for the grant of supersedeas.(c) A petition for supersedeas may be denied upon motion made before a supersedeas hearing or during the proceedings, or sua sponte, without hearing, for one of the following reasons: (1) Lack of particularity of the facts pleaded.(2) Lack of particularity or inapplicability of the legal authority cited as the basis for the grant of the supersedeas.(3) An inadequately explained failure to support factual allegations by affidavit.(4) A failure to state grounds sufficient for the granting of a supersedeas.