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.
California Motion For Stay Pending Appeal and Notice of Motion
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Multi-State
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US-01064BG
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Word;
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How to fill out Motion For Stay Pending Appeal And Notice Of Motion?
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(a) Motion for stay Any party may file a motion for an order under Code of Civil Procedure section 404.5 staying the proceedings in any action being considered for, or affecting an action being considered for, coordination, or the court may stay the proceedings on its own motion.
A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.
(1) A party seeking a stay of the enforcement of a judgment or order pending appeal may serve and file a petition for writ of supersedeas in the appellate division. (2) The petition must bear the same title as the appeal. (3) The petition must explain the necessity for the writ and include a memorandum.
Defendants can ask courts to hold off on executing their sentence until the appellate court rules. A motion to stay a sentence pending appeal is when a defendant in a criminal case asks the court to stay, or pause, execution of the sentence until an appeal is heard.
Pending appeal means an appeal in relation to which a notice of appeal has been filed but which has not yet been determined by the Court; Sample 1Sample 2Sample 3.
The default rule is that perfecting an appeal (i.e., filing a timely notice of appeal) automatically stays all trial court proceedings on the order appealed from, including enforcement proceedings. (Code Civ. Proc., § 916.) But there are many exceptions to the default rule, requiring close analysis.
