New Mexico Motion For Stay Pending Appeal and Notice of Motion

State:
Multi-State
Control #:
US-01064BG
Format:
Word; 
Rich Text
Instant download

Description

In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. This form is a motion requesting a stay of the execution of a judgment in a civil matter until the losing party can appeal judgment.

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FAQ

- Where a district court certifies an order for interlocutory appeal, the appealing party must seek permission from the appellate court for leave to file an appeal by filing an application within 15 days of entry of the order in district court, but where the appealing party did not file an application for interlocutory ...

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

Upon completion of briefing, the movant must file a notice certifying that the motion is ready for decision and identifying the motion and all related filings by date of filing and docket number.

The New Mexico supersedeas bond must be manucripted to guarantee the payment of the judgment and all costs that may be finally adjudged against the appellant if the appeal or writ of error is dismissed or the judgment or decision of the district court is affirmed.

Motions to compel or for sanctions: (1) Staff or a party may move for an order compelling discovery or for sanctions for failure to comply with an order directing that discovery be had as provided in the New Mexico rules of civil procedure for the district courts.

Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any ...

From the time you file your notice of appeal to the time of decision can be as short as two months or as long as two and one-half years.

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New Mexico Motion For Stay Pending Appeal and Notice of Motion