Arizona Motion For Stay Pending Appeal and Notice of Motion

State:
Multi-State
Control #:
US-01064BG
Format:
Word; 
Rich Text
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Description

In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. This form is a motion requesting a stay of the execution of a judgment in a civil matter until the losing party can appeal judgment.

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FAQ

P. 71. When an order grants relief for a nonparty or may be enforced against a nonparty, the procedure for enforcing the order is the same as for a party.

62. Rule 62 - Stay of Proceedings to Enforce a Judgment (a) No Automatic Stay. Except as provided in Rule 62(d), (e), and (f), execution on a judgment and proceedings to enforce it are stayed for 15 days after its entry, unless the court orders otherwise.

Rule 7.3 provides: (a) Generally. A court, on application supported by affidavit showing sufficient cause, may issue an order requiring a person to show cause why the party applying for the order should not have the relief it requests in its application.

A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court within 15 days after the appellate court enters its decision. A party may amend a motion for reconsideration only with the appellate court's permission.

For example, Rule 59 discusses a motion to alter or amend a judgment. Rule 60 deals with relief from judgment and Rule 50 of the Arizona Rules of Civil Procedure states: Rule 50. Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings.

(1) Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. (2) Procedure. All such motions, however denominated, must be submitted without oral argument and without the filing of a responsive or reply memorandum, unless the court orders otherwise.

Rules 72 through 77 apply if the superior court in a county, by a majority vote of the judges in that county, decides to require arbitration of certain claims and establishes jurisdictional limits by local rule under A.R.S. § 12-133.

A plaintiff seeking assignment of an eligible case to the commercial court must (A) include in the initial complaint's caption the words ?eligible for commercial court,? and (B) complete a civil cover sheet that indicates the action is an eligible commercial case. (2) Assignment to Commercial Court.

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Arizona Motion For Stay Pending Appeal and Notice of Motion