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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33095
Experience:  Began practicing Family Law in 1992
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is it possible to get a stay pending appeal on a discovery

Customer Question

is it possible to get a stay pending appeal on a discovery item? the court ruled that my spouse must produce certain documents from her business. she is claiming that she wasn't involved but the court ruled that it is a discoverable item. she has appealed to the appellate courts and is also asking for a stay pending the appeal decision. is there legal precedent on getting stay's on discovery items pending appeal in a divorce case
Submitted: 6 years ago.
Category: Family Law
Expert:  JD 1992 replied 6 years ago.
It is possible to get a stay pending appeal. There are a number of cases that address the issue and indicate it is fact sensitive. If you copy and paste this link http://scholar.google.com/scholar?as_q=provide+discovery&num=10&as_epq=%22stay+pending+appeal%22&as_oq=&as_eq=&as_occt=any&as_sauthors=&as_publication=&as_ylo=&as_yhi=&as_sdt=4&as_sdts=33&btnG=Search+Scholar&hl=en it should take you to a list of cases that you can go through and read to see which one most closely fits your case factually and procedurally. Be sure and look at the first one on the first page (although ti deals with arbitration) and the last one on the first page. These provide some good concepts about the situation.



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Customer: replied 6 years ago.
this did not answer my question at all. i asked if it was possible to get a stay pending appeal over discovery items in a divorce proceeding. i asked if there was precedent to suspend discovery in a divorce proceeding pending appeal to certain discoverable items.
Expert:  JD 1992 replied 6 years ago.
That link I gave you was to a list of New York cases that deal with the court issuing stays pending appeal on discovery issues. Whether it is a divorce, a civil case, or a business case doesn't matter. The answer was yes, you can get a stay pending appeal and the cases I gave you are the precedent.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 6 years ago.
these synopses discuss arbitration!! there is nothing mentioned about getting a stay in discovery!
Expert:  JD 1992 replied 6 years ago.
First, they are not synopses they are actual cases. The first one discusses arbitration, as I mentioned, the others do not. They all talk about stays in discovery. If you look at Colley v. Colley it is a divorce case. However, many people not familiar with case law don't really understand how to use it. It would probably work better if you tell me exactly what kind of discovery your wife is opposing, and how it figures into the case and may be I can find something a little more on point.

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