Oregon Motion to Stay Enforcement of Judgment
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FAQ
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.
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.
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial or other legal proceeding.However, a stay is sometimes used as a device to postpone proceedings indefinitely.
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
It is trite that an appeal does not, ipso facto, operate as a stay of proceedings of a court. Therefore, an appellant desirous of appealing the judgement of a lower court must take a further step by filing an application to stay the proceedings execution of judgment complained against pending the outcome of an appeal.
