Does the filing of an appeal automatically stay execution of judgment?
No. Once a trial court enters judgment, that judgment can be carried into effect unless the trial court or court of appeals grants a motion for stay of execution of judgment. To stay a trial court’s judgment, you must file a motion to stay judgment pursuant to Appellate Rule 7 for civil cases and Appellate Rule 8 for criminal cases. The rules specify that a motion for stay of execution of judgment should first be filed in the trial court.
Related Questions
- IF SOMEONE FILES AN APPEAL, DOES THAT FILING AUTOMATICALLY SUSPEND OR TEMPORARILY STOP THE TRIAL COURTS JUDGMENT, ORDER OR DECISION (STAY PENDING APPEAL)?
- Did Citifinancial Acquiesce in the Judgment by Its Failure to Stay Execution?
- Does the filing of an appeal automatically stay execution of judgment?
