This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Filing an appeal lets you have a court order modified, overturned, or sent back to the lower court for a retrial. Appeals are granted by a higher appellate court, and there are specific rules that need to be considered. A “stay” occurs when the court order is paused so it doesn't go into effect during the appeal.
On application a default judgment where the plaintiff has agreed in writing can be rescinded or varied. “On application” means that the applicant needs to serve on the plaintiff a copy of the application and file with the clerk of the court the application.
A stay of enforcement means the order being appealed cannot be enforced until the appeal is decided. It does not stop the case itself from progressing. Only orders which are capable of being enforced can be subject to a stay of enforcement.
Enforcement of the judgment is stayed automatically for 30 days from the date of mailing in order to give time for the defendant to either file an appeal or a motion to vacate. This means that the plaintiff cannot collect the judgment for 30 days from the date it is mailed out.
Judgment is a court decision that settles a dispute between two parties by determining the rights and obligations of each party. Judgments are classified as in personam, in rem, or quasi in rem. Judgments are usually monetary, but can also be non-monetary, and are legally enforceable.
Enforcement of the judgment is stayed automatically for 30 days from the date of mailing in order to give time for the defendant to either file an appeal or a motion to vacate. This means that the plaintiff cannot collect the judgment for 30 days from the date it is mailed out.