Oregon Plaintiff's Response to Defendant's Opposition to Motion to Stay Enforcement of Judgment

The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the execution of one or more instruments unless the instrument or instruments are executed and deposited in the office of the clerk of the court where the original judgment

STAY OF ENFORCEMENT OF JUDGMENT: The judgment cannot be enforced until the motion is heard or ruled on. This means that the defendant does not have to pay the judgment while the motion is pending.

A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you.

Overview. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.

If you file an appeal of a judgment against you, keep in mind that your appeal does not necessarily prevent that judgment from being carried out.In order to postpone your judgment during an appeal, you must be granted a stay of judgment by a judge.

Because the successful litigant is prima facie entitled to the fruits of the judgment in his favour, it is expressly provided in Section 24 of the Supreme Court Act, 1960, that an appeal does not operate as a stay of execution.

You simply need to request that the court deny the defendant's motion to dismiss. For example, you could write the following: For the foregoing reasons and all the others discussed in Plaintiff's Complaint, the present Motion to Dismiss should be denied.

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.