What is the process for obtaining an appellate court order for a stay of enforcement?

In California, obtaining an appellate court order for a stay of enforcement is a process that involves filing a motion with the appellate court. This motion is asking the court to temporarily halt enforcement of a lower court ruling. The motion must include a request for stay of enforcement, a statement of the facts, a brief statement of the relief sought, and a certificate of service. The certificate of service confirms that the motion was served on the other party in the case. The motion must also be accompanied by a proposed order. Once the motion is filed, the party requesting the stay must notify the other parties in the case of its filing. The court may then decide to grant the stay of enforcement without further notice to the parties or may hold a hearing to determine whether or not the stay should be granted. If the court grants the stay of enforcement, it will issue an order in writing. This order will explain the reasons why the court granted the stay and the time period during which the stay is in effect. The order will also set out any conditions or restrictions placed on the parties that are affected by the stay. Once the stay of enforcement is granted, it is the responsibility of the moving party to ensure that all parties abide by the terms of the stay. Failure to do so may result in penalties imposed by the court.

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