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Appellate Practice

Apr. 6, 2009

Staying Power

The right to appeal becomes a hollow one if counsel does not follow the correct protocol for obtaining a stay.

FOCUS COLUMN

By James C. Martin and David J. de Jesus

When an adverse judgment or order is entered, abject frustration is often the first reaction. When reason and rationality return, the thought of salvation by appeal readily springs to mind. But the right to appeal quickly could become a hollow one if counsel does not immediately add one more item to the checklist: obtaining a stay of the judgment or order involved.

Code of Civil Procedure...

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