A money judgment is stayed by posting a supersedeas bond in most jurisdictions, while a stay of other relief requires a motion addressing likelihood of success, irreparable harm, harm to others, and the public interest.
The bond secures the judgment during the appeal.
Alternative Names:
Appellate Stay, Stay of Execution
Why it Matters?
The distinction between money judgments and injunctive relief determines the process, since a bond produces an automatic stay for money while injunctive relief requires satisfying the discretionary factors. Post-judgment interest continues accruing during the stay regardless, which is the cost of the delay. Seeking a stay from the trial court first is generally required before applying to the appellate court.
Frequently Confused with
Related terms
Frequently asked questions
How does a money judgment stay differ?
Does interest continue during the stay?
