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Can a stay pending appeal help you?

If you have been involved in a Nevada court case that resulted in a judgment against you, appealing the decision right away may not be enough to prevent you from the financial cost the outcome requires. According to the Nevada statutes, you may be able to file a motion for a stay pending your appeal.

In the district court where you lost your case, you can seek to have the judgment put on hold until the appeals court or Nevada Supreme Court has ruled on your appeal. If that is not possible, or if you did this and your motion was denied, you may make the same motion to the court of appeals or supreme court. You have to be able to show why you cannot receive relief from the lower court.

You will also have to provide your argument regarding why the panel of appeals judges should grant the relief. This includes supporting documentation such as sworn statements or affidavits, and the portions of the court record that are relevant to the dispute.

There are four basic issues that the district judge or panel of appellate judges typically consider before they grant your stay. These include the following questions:

  • If they deny your stay, will the purpose of your appeal be defeated?
  • Will a denial cause you permanent or serious financial damages if you do not receive the stay?
  • How would the stay affect the party who received the judgment?
  • Is your appeal likely to succeed?

The court may approve the option for you to provide a supersedeas bond, which is a good faith deposit that you make ensuring that you will pay the judgment plus any relevant court costs and penalties if you lose the appeal. Other options or factors regarding a stay pending appeal may apply, therefore, this educational information should not be interpreted as legal advice.

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