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How to Obtain A “Stay” During an Appeal?

In Indiana, when a trial court issues its order (a final order), it is possible that the consequences are or perceived to be so detrimental that the litigant wishes to stay (stop) the order from being enforced during an appeal. This is not automatic. This blog post explores the two avenues to obtain a stay of a final judgment.

Where the case is primarily one that boils down to money, the litigant (who did not prevail at trial), may, in accordance with trial rules or appellate rules, post a sum of money during the appeal. In domestic cases, a trial court may grant this without a cash sum (in some cases). However, it generally takes a showing of some irreparable harm to  the implementation of the order if it were reversed on appeal.

A party seeking a stay must first seek this in the trial court. This is normally a discretionary call by the trial court. This means it may not be granted. This is a pre-requisite for seeking a stay in the primary appellate court, the Indiana Court of Appeals. Thus, if the trial court denies the stay, a party may ask the appellate court to stay the order pending appeal. This too is discretionary by the trial court.

Stays are rare, but trial court and the Indiana Court of Appeals carefully considers each request, weighing the facts against the rules of law and harms if a stay is not granted. Thus, a stay should not be expected, particularly without a carefully written petition. Ciyou & Dixon, P.C. attorneys handle appeals and stays from all Indiana trial courts. We hope you find this information helpful to understanding a little more about the judicial system and how it works. This blog is written as general information and is not intended to provide specific legal advice or solicit services. It is best thought of as an advertisement.

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