Michigan Motion For Stay Pending Appeal and Notice of Motion

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

General inquiries may be directed to the Clerk's Office by phone at 517-373-0786 or by email to coa_clerk@courts.mi.gov. We recommend that inquiries concerning specific cases be directed to the district office in which the case file is located, if that location is known.

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 2.119 Motion Practice (A) Form of Motions. (1) [Unchanged.] (2) A motion or response to a motion that presents an issue of law must be accompanied by a brief citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.

You will have to file additional documents with the appellate court, including the fee, a copy of applicable bond, proof of service, the original claim of appeal document, a copy of the judgment and trial court docket, a jurisdiction checklist, a docketing statement, and a statement from an attorney or certificate of a ...

File the Motion with the court. File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.

First you must consider whether you are a person who can appeal. Next the court must have made a judgment, an appealable order, or an order after judgment that is appealable, and you must have the paperwork to verify that.

A party to a proceeding may move for reconsideration after a decision and order is issued by the commission. A motion for reconsideration shall state with particularity the material error claimed and, with respect to any finding of material fact, shall specify the page of the record relied upon.

A motion is made in the Court of Appeals by filing: (1) a motion stating briefly but distinctly the facts and the grounds on which it is based and the relief requested; (2) the entry fee; (3) for a motion to dismiss, to affirm, or for peremptory reversal, a supporting brief.

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Michigan Motion For Stay Pending Appeal and Notice of Motion