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

In Kansas, a stay of execution pending an appeal is a legal request to postpone the execution of a judgment until a higher court can review the case. This allows for an appeal to be heard and decided before the previously imposed execution is carried out. In order to receive a stay of execution, a party must fundamentally show two elements: (1) the likelihood of success on appeal; and (2) the irreparable harm that will be caused if the stay is not granted. In other words, a party must demonstrate that there is a likelihood of success on appeal, meaning that the party has a good chance of winning the appeal and that the potential punishment or harm is so severe that it cannot be compensated for if the stay of execution is not granted. To obtain a stay of execution, the party must file a motion with the court of appeals for a stay of execution. Generally, the party filing the motion must show why the execution should be suspended. The motion should include evidence to show the likelihood of success on appeal and the irreparable harm that will occur if the stay of execution is not granted. The court of appeals will then review the motion and decide whether or not to grant the stay of execution. In some cases, the court may order a response from the opposing party before deciding on the motion. This response includes any and all relevant arguments the opposing party may have against granting the stay. The court of appeals can then make its decision on whether or not to grant the stay of execution based on the arguments.

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

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

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