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.
North Carolina 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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FAQ
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.
Rule 37 - Motions in Appellate Courts (a)Time; Content of Motions; Response. An application to a court of the appellate division for an order or for other relief available under these rules may be made by filing a motion for such order or other relief with the clerk of the court, with service on all other parties.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
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.
Unless otherwise provided by statute (see, e.g., N.C. Gen. Stat. § 7B- 2602), the notice of appeal must be filed within 30 days after the entry of a final judgment. N.C. R.
Interest on Judgment. (a) When the Court Affirms. Unless the law provides otherwise, if a money judgment in a civil case is affirmed, whatever interest is allowed by law is payable from the date when the district court's judgment was entered.
Rule 37(d) explains that a court where the action is pending may order sanctions if a party or party's officer, director, or managing agent fails to appear for that person's deposition after getting served with proper notice. The court may also take action if a party fails to respond to an interrogatory.
Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.