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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111451
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Fairfax I lost a case in JDR. The other side was awarded

Customer Question

Fairfax Virginia
I lost a case in JDR. The other side was awarded legal fees.
I have filed an appeal in circuit court which I expect to win.
However, the legal fees from the JDR case are due before the circuit court hearing.
There was no automatic stay when I appealed.
Can I file a motion in circuit court to delay the fees from being due until the circuit court hearing which is 3 months later than the due date set by the JDR order?
If so, what do I do?
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can file a motion to stay execution of judgment pending appeal in the JDR case. If JDR denies your motion, then you can file it in the circuit court to ask them to stay the JDR order. You need to ask JDR to stay their order first and give them the opportunity.
Customer: replied 10 months ago.
The case is on appeal now . The JDR does not have jurisdiction of the case as the file is not in the JDR court. Given this, how can file any motion for a stay in JDR ? The motion would be titled "Motion to Stay JDR Order." Thanks
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If the case appeal has been perfected, then you have to ask the circuit court to stay enforcement of the payment pending appeal. Once the appeal is perfected to the circuit court, then you file the Motion to Stay Enforcement of JDR Judgment in the circuit court.
Customer: replied 9 months ago.
The motion was filed. The hearing will be tomorrow. I would like to send an agreed order to the other side to see if she will sign it. Can you help with the language? "Motion is granted. Legal fees awarded shall not be enforced until upheld in appeal."
Is this ok? Basically, I want the judge hearing the appeal to make a ruling on the fees.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You can send an agreed order to the opposing party:
Upon agreement of the parties, upon review of the Honorable Court, it is hereby ordered, adjudged and decreed:
The motion is hereby granted. Legal fees shall not be awarded until reviewed and decided on appeal.