What is the process for obtaining a stay of execution pending an appeal?

A stay of execution pending an appeal is a court order that prevents the execution of a court order until the appellate court has heard the appeal. It is usually requested by an aggrieved party who believes that their rights have been violated and that they have grounds to appeal. To obtain a stay of execution pending an appeal in California, an aggrieved party must first submit a written request to the appellate court. This request should include a statement of facts supporting the need for a stay and the reasons why the stay should be issued. In addition, the request should include any evidence that supports the arguments or affirms the likelihood of success on appeal. The appellate court will then review the request and decide whether to issue a stay of execution pending appeal. Generally, the court will decide whether there is a likelihood of success on appeal and whether the aggrieved party will suffer irreparable harm if the stay is not granted. If the court decides against granting the stay, the aggrieved party can ask the court to reconsider its decision. If the court grants the stay, the court order or judgment being appealed will be temporarily suspended while the appeal is being heard. This will remain in effect until the appellate court renders a decision on the appeal. The aggrieved party may still have to suffer a certain amount of losses in the meantime.

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What is the process for obtaining a stay of execution pending an appeal?

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