Court & Hearings

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If I file an appeal, do I still have to do what the court ordered me to do?

Yes, you are responsible for following all circuit court judgments and orders even though you filed an appeal. Filing a Notice of Appeal does not automatically suspend the circuit court's judgment or order. For example, those ordering one party to pay another party money or to deliver property to another party. You must request a "stay" from the circuit court to stop the other party from enforcing the judgment or order during an appeal. 

Stay of money judgments 

If you wish to stop the other party from enforcing a circuit court's judgment involving money while your appeal is pending, you must comply with Rule 305(a) when making a motion for a stay or extension of time. You must file a Notice of Appeal and appeal bond with the circuit court. The bond must be enough to cover the judgment, interest, and any costs. You must notify the other party of the filing of the bond. 

Stay of non-money judgments and other appealable orders 

If you wish to stop the other party from enforcing a circuit court's judgment that does not involve money, you must comply with Rule 305(b)

You must file a Motion in the circuit court and serve the other party. The circuit court may require you to file an appeal bond. 

What if the circuit court denies my stay?

If the circuit court denies the stay, you may file a Motion for a stay in the appellate court. You must include a supporting record under Rule 328.

Automatic stay pending appeal of termination of parental rights 

An order terminating parental rights is automatically stayed for 60 days. No final order of adoption can be entered during this period. If a Notice of Appeal is filed within 60 days, the stay continues until the appeal is complete or is lifted by the court. If a Notice of Appeal is not filed within 60 days, the stay expires. An appeal bond is not required in these cases.

Last full review by a subject matter expert
November 22, 2021
Last revised by staff
August 06, 2021

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