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Maine Motion for Interest on an Affirmed Judgment of a Federal District Court

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US-03268BG
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28 U.S.C.A. § 1961 provides in part that interest shall be allowed on any money judgment in a civil case recovered in a district court. Such interest would continue to accrue throughout an appeal that was later affirmed.

Maine Motion for Interest on an Affirmed Judgment of a Federal District Court is a legal procedural document filed in the state of Maine to request the court to award interest on a judgment that has been affirmed by the appellate court following an appeal. This motion seeks to compensate the prevailing party for the time value of money during the duration of the appeal process. It is important to note that there could be variations of this motion depending on the circumstances of the case. Below are some types of Maine Motions for Interest on an Affirmed Judgment of a Federal District Court: 1. Maine Motion for Prejudgment Interest: This type of motion seeks interest on the monetary award from the date of the original judgment until the date the appellate court affirmed the judgment. The purpose is to account for the time value of money and compensate the successful party for the delay in receiving the awarded amount during the appeal process. 2. Maine Motion for Post-judgment Interest: This motion aims to secure interest on the affirmed judgment from the date of the appellate court's decision until the payment of the judgment amount by the losing party. Post-judgment interest compensates the prevailing party for the delay in receiving the awarded amount after the final judgment has been determined. 3. Maine Motion for Compound Interest: In some instances, a party may seek not only the simple interest on the affirmed judgment but also compound interest. The purpose here is to request an interest calculation method that takes into account the accumulated interest on the original judgment during the appellate process. 4. Maine Motion for Statutory Interest Rate: This motion is used when the prevailing party seeks interest on the affirmed judgment at the statutory interest rate specified by Maine law. It requests the court to apply the legally defined interest rate to compensate for the delay in receiving the awarded amount. 5. Maine Motion for Discretionary Interest: In certain cases, where the applicable statutory interest rate may not adequately compensate the prevailing party, this motion allows them to request the court to exercise its discretion in determining a fair and reasonable interest rate. It takes into consideration factors such as the nature of the case, financial impact, and suitability. In conclusion, the Maine Motion for Interest on an Affirmed Judgment of a Federal District Court is a necessary legal tool to pursue appropriate compensation for the prevailing party due to the delay in receiving the judgment amount during the appeal process. The specific type of motion filed may vary depending on the desired interest calculation method or the circumstances of the case.

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FAQ

Experienced lawyers often refer to the suggestion for remand as an "indicative ruling." (Appellate Rule 4(a)(4) lists six motions that, if filed within the relevant time limit, suspend the effect of a notice of appeal filed before or after the motion is filed until the last such motion is disposed of.

(a) Automatic Stay. Except as provided in Rule 62(c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise. (b) Stay by Bond or Other Security.

No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.

Any person who commits criminal contempt may be punished for that contempt after prosecution on notice.

Stay of Proceedings To Enforce a Judgment. (a) Automatic Stay; Exceptions-Injunctions, Receiverships, and Patent Accountings . Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry.

Rule 64(a) reads as follows: At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment. But a federal statute governs to the extent it applies.

It does not apply to judgments awarded in federal court ? even where the underlying substance of the lawsuit is governed by California law. The effects of this distinction can be substantial.

Rule 62 - Stay of Proceedings to Enforce a Judgment (A) Stay on motion after judgment.In its discretion and on such conditions for the security of the adverse party as are proper, the court may, upon motion made any time after judgment, stay the execution of that judgment or stay any proceedings to enforce the judgment ...

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Maine Motion for Interest on an Affirmed Judgment of a Federal District Court