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

In Mississippi, the process for obtaining an appellate court order for a stay of enforcement involves filing a motion for a stay of enforcement with the appellate court. The motion must be filed within five days after the judgment has become final. It must include an affidavit stating facts that support the motion and a proposed order granting the stay. The motion must also be accompanied by a proposed bond or other applicable security and a certificate of service. After the motion is filed, the court clerk will give notice of the motion to all parties involved in the case and the court will set a hearing date for the motion. At the hearing, both sides will be allowed to present evidence and make arguments for or against the motion. After considering the evidence and arguments, the court will either grant or deny the motion. If the motion is granted, the court will issue an order staying enforcement of the judgment until the appellate court has had an opportunity to consider the appeal. The order will also specify the conditions of the stay, which usually include the posting of a bond or other security and the filing of an acceptable form of certification of service. If the motion is denied, the judgment will stand and be enforceable.

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

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