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.
Virginia 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
The Virginia Court of Appeals process begins with the filing of a petition for appeal from the Circuit Court judgment. If the petition is denied, the appellant has the option to seek a reconsideration by what's called a ?writ panel.? This is a panel of the court that can determine whether or not to grant the petition.
Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
For filing a notice of appeal or initiating any matter under the original jurisdiction of the court, $50 payable by check or money order to the Clerk of the Court of Appeals.
Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. Step 4: Order the trial transcripts.
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
Notices of appeal must be filed in writing in the Clerk's office within 30 calendar days of the date of the order being appealed. A $20 filing fee and a $500 bond must be submitted at the time of filing the notice for those appeals to the Supreme Court and to the Court of Appeals.
Generally, the amount of the bond is $500 but that can be changed by a trial or appellate court. Va. Code § 8.01-676.1(A), (B). As with suspension bonds, a party can deposit cash into the court with the cost bond in lieu of surety.
NOTICE TO APPELLANT: The notice of appeal must be filed with the clerk of the trial court and a copy must be transmitted to the Clerk of the Court of Appeals of Virginia and, except as otherwise provided by law, must be accompanied by the $50.00 filing fee required by Va.