What Happens To The Trial Court Order Or Judgment While My Appeal Is Pending?

The trial court’s order generally stays in place and can be enforced while you appeal your case. This means that if a judgment has been entered against you, the other side can take collection action on the judgment or other action to enforce the judgment even during the appeal.

Preventing Enforcement of a Judgment

Usually the only way to prevent this is to ask the court to stay the judgment and/or post what is called an appeal bond. In the case of a monetary judgment, the appeal bond required is often the amount of the judgment, plus interest and any attorney fees or court costs that may be incurred by the other side during the appeal.

Douglas N. Kiger, Attorney at Law
Blado Kiger Bolan, Tacoma, Wash.

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