IF SOMEONE FILES AN APPEAL, DOES THAT FILING AUTOMATICALLY SUSPEND OR TEMPORARILY STOP THE TRIAL COURTS JUDGMENT, ORDER OR DECISION (STAY PENDING APPEAL)?
The filing of an appeal and the filing of a motion for leave to appeal does not automatically suspend, or stop (stay) the judgment, order or decision being appealed. As a general rule, the appealing partys obligation to perform under the order appealed from is not automatically stayed by the filing of an appeal. If, however, the judgment is not stayed and is partially satisfied by execution pending appeal, restitution may be necessary, such as if the judgment is thereafter reversed (even where the party filing the appeal never filed a supersedeas bond nor made a cash deposit). To secure a stay of the trial courts judgment, order or decision, the party taking an appeal may have to file a motion with the court asking it to stay the judgment, order or decision. Even if the court decides to enter a stay pending the appeal, before permitting a stay, the court may decide to require security for the judgment, order or decision, such as the appeal of a judgment or order for payment of a sum of
Related Questions
- WHAT IF I FACE AN EMERGENCY RELATED TO MY APPEAL OR I MUST IMMEDIATELY SUSPEND OR TEMPORARILY STOP ENFORCEMENT OF A TRIAL COURTS JUDGMENT, ORDER OR DECISION?
- IF SOMEONE FILES AN APPEAL, DOES THAT FILING AUTOMATICALLY SUSPEND OR TEMPORARILY STOP THE TRIAL COURTS JUDGMENT, ORDER OR DECISION (STAY PENDING APPEAL)?
- Does the filing of an appeal automatically stay execution of judgment?
