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

In North Carolina, a stay of enforcement is an order issued by an Appellate Court, which delays the implementation of a lower court’s decision. This type of order can be beneficial to a party that may be facing an unfavorable decision and would like additional time to prepare an argument. The process for obtaining a stay of enforcement begins with the filing of a petition for discretionary review. This petition is typically filed with the Appellate Court and must include the facts of the case, as well as the arguments for why the Appellate Court should consider issuing a stay of enforcement. Once the petition is filed, the Appellate Court reviews the petition and decides whether or not to issue a stay of enforcement. If the Appellate Court decides to issue one, they will typically issue an order to the opposing party, informing them that they must comply with the order. The order must also include the terms of the stay, such as the length of time it will be in effect and any other conditions that must be met before the stay will be lifted. It is important to note that the Appellate Court can revoke the stay at any time and the opposing party is required to comply with the order. Once the stay of enforcement is obtained, the party that requested the stay can then begin the process of arguing their case before the Appellate Court. It is important to note that a stay of enforcement is not a guarantee that the Appellate Court will rule in the petitioners favor, but it can provide the opportunity for them to make their case.

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

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