Motion for Stay of Order Pending Appeal
An appeal from a civil court or state agency’s order or decision does not automatically suspend or temporarily halt the lower court or state administrative agency’s order or judgment pending appeal. Thus, for example, a party taking an appeal to the New Jersey Appellate Division and wants to secure a stay of the order or decision pending appeal, must also file a ‘Motion or Application for Stay of Order Pending Appeal’. If this Motion or Application is filed before the New Jersey Appellate Division schedules a New Jersey appeal for Oral Argument, then this motion or application is made with the trial court or state agency instead of with the Appellate Division. On the other hand, if the timing of the filing of a motion or application for a stay of a lower court or state agency’s order or decision is made after the scheduling of appellate Oral Argument, then Motion(s) and Application(s) for a Stay of the Order Pending Appeal is then served upon the Appellate Division and also served upon other parties, respondents or appellants.
If, however, the stay for the New Jersey order or judgment is not granted in a civil court case and is, partially, satisfied by execution pending appeal, restitution may be necessary, such as if the New Jersey civil court judgment or order is thereafter reversed even where the appellant or respondent never filed a supersedeas bond nor made a cash deposit. Often, to secure the stay of a civil court’s judgment, the court grants the stay only upon the condition that security for such judgment be made to the court by the party seeking the stay. Alternatively, the New Jersey court may require a bond or cash deposit be made from the party seeking the stay for a particular New Jersey court judgment, such as for the payment of a sum of money or for an order which adjudicates rights and liabilities in respect to property, as conditions for the grant of the stay, unless the court otherwise orders for good cause shown. Similarly, a bond or deposit may also be required as a condition for stays of other types of judgments or orders from courts or state agencies.
- The Appellate Process
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