Maine Motion For Stay Pending Appeal and Notice of Motion

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

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

No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

If an application is made to produce the information under Rule 26(g), the party resisting discovery bears the initial burden to show the court that the information is not, in fact, "reasonably accessible because of undue burden or expense." The requesting party must then show "good cause" why the information should be ...

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. Some stays are automatic, but others are up to judicial discretion. Usually, the pendency of an appeal usually stays proceedings in the court below.

Rule 26(f) requires federal litigants to confer early in a case, develop a discovery plan, and submit to the court a written report outlining the plan. Fed. R. Civ.

No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.

(1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.

Stay of Proceedings To Enforce a Judgment. (a) Automatic Stay; Exceptions-Injunctions, Receiverships, and Patent Accountings . Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry.

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Maine Motion For Stay Pending Appeal and Notice of Motion