24.5.346    STAY OF JUDGMENT PENDING APPEAL

(1) The party appealing a judgment of the court may request a stay of execution of the judgment or order pending resolution of the appeal. The court automatically deems a request for new trial and/or request for amendment to findings of fact and conclusions of law stayed until it rules upon the request. If the parties stipulate that no bond is required, or if it is shown to the satisfaction of the court that adequate security exists for payment of the judgment, the court may waive the bond requirement.

(2) Except as provided for herein, the procedures for requesting a stay and for posting a supersedeas bond are the same as the procedures in M. R. App. P. 22(1) and ARM 24.5.316.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 675, Eff. 4/1/95; AMD, 2014 MAR p. 2829, Eff. 3/1/15.