Contested Stay Motion Form

CONTESTED STAY MOTION FORM

Court:   County:   Case No.:

Movant:   Counsel for Movant:

Respondent:   Counsel for Respondent:

RECITALS

WHEREAS, Movant obtained an order, judgment, or administrative determination titled: , entered on ; and

WHEREAS, Movant has filed or intends to file a timely appeal or other appellate relief seeking review of the order described above and seeks a temporary stay pending resolution of that appeal; and

WHEREAS, Respondent contests the requested stay and has notified Movant of opposition on by the following method(s): .

NOW, THEREFORE

Movant hereby moves the Court for an order staying enforcement of the order/judgment identified above, and in support thereof states as follows.

1. RELIEF REQUESTED

Movant requests that the Court enter an order staying: , pending resolution of Movant's appeal or until further order of this Court.

2. STATEMENT OF FACTS

A concise statement of facts material to the requested stay is set forth below.

3. LEGAL STANDARD

In determining whether to grant a stay, the Court will consider whether Movant is likely to succeed on the merits, will suffer irreparable harm absent a stay, whether the balance of equities favors a stay, and whether a stay is in the public interest. Movant addresses each factor below with specific, admissible evidence and legal citation to be provided in the supporting memorandum.

4. ARGUMENT

A. Likelihood of Success on the Merits:

B. Irreparable Harm:

C. Balance of Equities and Public Interest:

5. SECURITY, BOND, OR CONDITIONS

Movant proposes the following security or conditions for a stay to protect Respondent's interests: Bond amount: $; Alternative protection: .

Bond will be posted: Yes     Bond will not be posted:

6. HEARING AND RELIEF TIMING

Movant requests an expedited hearing on the motion on or before: , or as the Court's calendar allows.

7. SERVICE AND NOTICE

Movant certifies that notice of this motion and all supporting papers was served on Respondent and counsel by the following method(s): on .

8. PROPOSED ORDER

Movant requests that the Court enter a proposed order that: (a) stays enforcement of the identified order/judgment pending appeal; (b) requires such security as the Court deems appropriate; and (c) grants such other and further relief as the Court deems just and proper.

DECLARATION AND CERTIFICATION

I declare under penalty of perjury under the laws of the jurisdiction in which this Court sits that the foregoing is true and correct to the best of my knowledge and belief.

MISCELLANEOUS

Governing Law: This Motion and any order entered hereunder shall be governed by the substantive and procedural law of the court in which this action is pending.

Entire Agreement: This Motion, together with any supporting memorandum or declarations filed contemporaneously, contains the full request for relief and supersedes any prior oral or written requests for the same relief.

Severability: If any provision of this Motion is held invalid or unenforceable, the remainder of the Motion shall remain in full force and effect.

NOTICE OF INTENT TO CONTEST

Respondent indicates whether it will contest this Motion by selecting the appropriate box and providing a concise basis for contest.

Respondent will contest: Yes     Respondent will not contest:

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