Saturday, February 15, 2014

When does a decision become enforceble if it is appealed and then affirmed by the appeals court? Does the clock start on the date of the ori...

Question

When does a decision become enforceble if it is appealed and then affirmed by the appeals court? Does the clock start on the date of the original decision or on the date of the higher courts affirmation?



Answer

It depends on what the decision is and the nature of the affirmance.

Generally speaking, unless the lower court's ruling was stayed during the appeal, it took effect either immediately or pursuant to its terms notwithstanding the appeal.



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