West Virginia 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

A motion for a stay may be made to the court of appeals or one of its judges. (ii) state that, a motion having been made, the agency denied the motion or failed to afford the relief requested and state any reasons given by the agency for its action.

(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...

A party may file a motion for leave to file a supplemental appendix that includes such matters from the record not previously submitted. The motion shall set forth good cause why the material was not previously included.

Within thirty days of entry of the judgment being appealed, the petitioner shall file the notice of appeal and the attachments required in the notice of appeal form contained in Appendix A of these Rules. The notice of appeal shall be filed in the Office of the Clerk of the Supreme Court.

Rule 7 - Transcripts (a)Scope. This rule applies to the ordering, preparation, delivery, and filing of each transcript that is to be designated as part of the record on appeal. (b)Ordering by a Party. A party may order a transcript of any proceeding that the party considers necessary for the appeal.

Rule 28 - Stays (a)Stay of circuit court order pending appeal. Any person desiring to present an appeal under Rule 5 may make an application for a stay of proceedings to the circuit court in which the judgment or order desired to be appealed was entered.

Rule 8 - The Record on Appeal (a) Definition. The record on appeal shall consist of the documents and exhibits on file, the transcript of the proceedings, if any, and the docket entries. (b) Producing the Transcript of Proceedings. (1) Cases Other than Child Welfare Cases.

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West Virginia Motion For Stay Pending Appeal and Notice of Motion