What is a motion to stay proceedings pending appeal in civil litigation?

A motion to stay proceedings pending appeal in civil litigation is a request to the court to temporarily stop proceedings while a party appeals the ruling that was made. This motion is usually filed by the losing party of a lawsuit, which is called the appellant, in order to allow them a chance to take their case to an appellate court. In civil litigation in Texas, this motion is filed in accordance with the Texas Rules of Appellate Procedure. The appellant must present evidence that their appeal is likely to prevail if appealed and can demonstrate that they will suffer irreparable harm if the motion is denied. The respondent may oppose the motion and may submit evidence that the appellant’s appeal is unlikely to succeed or that they will suffer prejudice if the proceedings are postponed. The court will then weigh the evidence presented by both parties and decide whether a motion to stay proceedings pending appeal should be granted. If it is granted, the proceedings will be stayed until a decision is given by the appellate court. If it is denied, the proceedings will continue as usual.

Related FAQs

What is a motion to stay proceedings pending appeal in civil litigation?

Related FAQs

Related Blog Posts