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.
Georgia Motion For Stay Pending Appeal and Notice of Motion
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Multi-State
Control #:
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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Notice of Appeal (MAG 12-01) Purpose of form: This document is used to appeal either a civil judgment or a dispossessory judgment. A magistrate judgment can be appealed to either the State Court or the Superior Court of ___________ County.
You can calculate the maximum amount of time it will take the Court of Appeals to decide your case by applying the ?two term rule.? Under the Georgia Constitution, the court must dispose of every case either during the term the court entered that case on the docket or at the next term.
23. Appellant's brief shall be filed within 20 days after the appeal is docketed. Failure to file within that time, unless extended upon motion for good cause shown, may result in the dismissal of the appeal, and may subject the offending party and/or counsel to sanctions, including contempt.
(1) The evidence supports the judgment; (2) No reversible error of law appears and an opinion would have no precedential value; (3) The judgment of the court below adequately explains the decision; or (4) The issues are controlled adversely to the appellant for the reasons and authority given in the appellee's brief.
Rule 27 - Supplemental Briefs (a)Guidelines. Briefs of the parties shall be limited to an appellant's brief, an appellee's brief, and an appellant's reply brief. Supplemental briefs may be filed only by leave of the Court. Counsel may file a motion for permission to file supplemental briefs.
A motion for leave to file an out of time appeal is a remedy when a defendant's right to appeal has been frustrated. Two situations where this arises is when a criminal defendant is not advised of his right to an appeal, or when his attorney is directed to file an appeal but fails to do so.
(1) If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner.
Rule 30 - Interlocutory Applications (a)Filing Deadline. An application for interlocutory appeal shall be filed in this Court within 10 days of the entry of the trial court's order granting the certificate for immediate review.