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Filed motion to stay money judgement in circuit court

Customer Question
Filed motion to stay...

Filed motion to stay money judgement in circuit court pending appeal refused to rule citing lack of jurisdiction appellate court denied

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Has anything been filed or reported?

Circuit court ordered trial briefs then ordered motion to vacate struck never ruled on the stay filed motion to stay pending appeal in appellate court they denied

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Was going to file in illinois supreme court

Submitted: 7 months ago.Category: Legal
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Answered in 39 minutes by:
10/4/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,312
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Illinois Supreme Court Rule 305. Rule 305 (a) applies to money judgments and a stay of enforcement pending appeal is mandatory if the appealing party files a timely notice of appeal and complies with the other requirements of Rule 305 (a), including the posting of a sufficient bond. So, since you have a mandatory right to stay the judgment, why did the circuit court AND appeals court deny you?

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Customer reply replied 7 months ago
circuit court did not deny just never ruled after they ordered trial briefs on motion for rehearing to vacate judgment; motion to stay money judgment and maintenance payments; and the presentation of bond to stay pending appeal. refused to to hear argument on trial briefs citing no jurisdiction and struck the motion to vacate never answered or ruled on the bond. filed motion to stay money judgment and maintenance pmts in appeals court they denied.
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

If they never ruled on your motion to stay, even though the case is in the appeals court, you need to refile your motion to stay enforcement pending appeal, with the given rule above, and the court will set a bond for you to post with the court in order to grant the stay. If the motion is already filed, you would file it as a "renewed motion for stay of execution pending appeal" and explain the above listed rule and ask the court to set the bond for the stay until the appeal is decided.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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