What is a legal stay order?

A ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. A court may later lift the stay and continue the proceeding.

What is the law on appeal?

In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law.

How to stay a judgment while you appeal?

In most cases, in order to obtain and maintain a stay pending appeal from the trial court judge, the party appealing from a money judgment must post a supersedeas bond or other security. R. 2:9-5.

Can a court grant a stay pending appeal?

An application to the Master to set aside judgment was made but was refused. The defendant was appealing that order and had made an application for permission to appeal. The defendant sought a stay pending appeal. This is not a case where it is, in my judgment, appropriate to grant a stay and I decline to do so.

Can a court stay enforcement of a judgment?

Filing an appeal does not automatically stay enforcement of judgment the judgment in the court making the decision which is being appealed (as well as the court that made the decision which is being appealed).

Can You appeal a judgment in New Jersey?

Ultimately, deciding whether or not to pursue a stay pending appeal is a fact specific determination that is best made with the advice of a competent New Jersey appeals lawyer who understands the client’s unique situation. Pursuing an appeal of a civil judgment in the appellate courts of New Jersey is a significant decision.

In most cases, in order to obtain and maintain a stay pending appeal from the trial court judge, the party appealing from a money judgment must post a supersedeas bond or other security. R. 2:9-5.

How to file for a stay pending appeal?

“In our judgment, the evidence in support of an application for a stay needs to be full, frank and clear. “ “By CPR 52.7, unless the appeal court or the lower court orders otherwise, an appeal does not operate as a stay of execution of the orders of the lower court. It follows that the court has a discretion whether or not to grant a stay.

Is a judgment enforceable on appeal, according to Forbes?

Opinions expressed by Forbes Contributors are their own. What if a judgment is entered against a debtor, but the debtor initiates an appeal of that judgment: Is the judgment still enforceable despite the appeal? In most circumstances, it is — the judgment is in fact fully enforceable although the debtor has taken an appeal.