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.
Montana 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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(4) Content of notice of appeal or cross-appeal. (a) The notice of appeal or cross-appeal shall specify the party or parties taking the appeal or cross-appeal, and shall designate the final judgment or order or part thereof from which the appeal is taken.
Its primary purpose is to guarantee that if the judgment is affirmed, the surety insurer that issued the bond will pay the appellee if the appellant is unable to. To put it simply, a supersedeas or appeal bond ensures the judgment debtor will satisfy the judgment if the judgment is upheld.
(1) In civil cases the notice of appeal required by Rule 4 shall be filed with the clerk of the district court within 30 days from the date of the entry of the judgment or order appealed from; but if the State of Montana, or any political subdivision thereof, or an officer or agency thereof is a party, the notice of ...
There are three main types of writs: writs of mandate (sometimes called ?mandamus?), writs of prohibition, and writs of review (sometimes called ?certiorari?).
If a writ of mandate or order to show cause is issued, superior court proceedings are not automatically stayed. A stay must be issued by the reviewing court. (Cal. Rules of Court, rule 8.486(a)(7).)
The first party to file is called the petitioner or appellant, and its request for review is an appeal. If an opposing party (called the respondent or appellee) also wishes to request review of a lower court's decision, that request is called a cross-appeal.
Order from an Appellate Court, or the Supreme Court, when the court refuses to hear a case where one or more parties have filed a Petition for Writ of Review.
Supersedeas (also termed ?writ of supersedeas?) is Latin for ?you shall desist,? and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor's power to levy execution.