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

In New Hampshire, when a party wishes to obtain a stay of enforcement during their appeal process, they must petition the Supreme Court of New Hampshire for an Order of Stay. This is done by filing a motion with the appropriate court clerk. The motion must include the order the party is asking the appellate court to issue, a description of the facts of the case, and a brief explanation as to why the stay is necessary. The party must also provide legal authority to support their motion. The Supreme Court of New Hampshire has the authority to grant a stay pending resolution of the appeal, or for a period of time the court finds to be sufficient. The appellate court may also impose conditions to the stay, including that the party requesting the stay put up a bond or other security. After granting the stay, the court will issue an Order of Stay, which must be served on each party involved and filed with the appropriate court clerks. The Order of Stay serves to preserve the status quo between the parties, preventing any enforcement actions until the appeal has been decided. It is imperative that the Order of Stay is followed in order to preserve the results of the appeal. The Order of Stay will remain in effect until a final appellate court order is issued or other appropriate action is taken.

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

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