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  5. Can I Stay (Stop) The Trial Court’s Order Pending Appeal?

Can I Stay (Stop) The Trial Court’s Order Pending Appeal?

On Behalf of Dixon & Moseley, P.C. | Jan 15, 2020 | Appellate Practice, Indiana Court of Appeals

A frequent question we receive from our clients seeking an appeal is whether or not they can stay1 the trial court’s ruling during the pendency of the appeal. The answer to that question is, it depends. In general, seeking a stay during the pendency of an appeal is difficult to accomplish. Whether you will be successful in seeking a stay of the trial court’s order depends on the specific facts of the case and what is at issue for stay (property and/or custody). In this blog, we provide a brief overview of the process of seeking a stay during the pendency of an appeal and whether you may qualify for one.

Before we discuss the process of seeking a stay, you may be wondering, what exactly is a stay? And what does it mean? If you, or someone you know, are seeking an appeal, then it is safe to assume you did not agree with the trial court’s ruling. While you may not have agreed with the ruling, and while you may win on appeal, that does not mean that the trial court’s ruling will not be enforced during the time your appeal is pending. This means, in the absence of a stay, you must follow the trial court’s order while your appeal is pending, whether that be a custody modification, paying a sum of money, or refraining from doing some action. Unless and until the trial court’s ruling is reversed, it is valid and must be followed. However, an individual may seek a “stay” of the ruling or judgment during the pendency of the appeal. In a nutshell, a stay is a request to maintain the “status quo,” so to speak, while your appeal is pending.

Now knowing what a stay is, and the purpose behind it, we discuss the process of obtaining a stay. The first step is to file a request with the trial court to stay enforcement of a judgment, pursuant to trial rule 62. Under rule 62(B), a trial court can stay the enforcement of a judgment pending the filing and disposition of an appeal. This ability of the trial court to stay enforcement of the judgment is completely discretionary. Therefore, you must persuade the trial court that a stay would be proper. Convincing the trial court (i.e., the court that just made the ruling or judgment) to stay their order is a somewhat difficult task. This is where skill counsel can assist with drafting strong arguments for stays. In some circumstances, such as a judgment for money, you may be required to pay a bond in the amount of the judgment in order to obtain a stay.

If the trial court denies your stay or does not timely rule on it, you may request a stay with the Court of Appeals. Indiana Rule of Appellate Procedure 39 deals with stays at the Court of Appeals level. The general rule before filing for a stay at the Court of Appeals level is that you must first file your request at the trial court level. Only after the stay is denied by the trial court may you seek a stay with the court of appeals. There are, however, a few exceptions to this rule. Those are that the trial court either: (1) failed to rule on your request for a stay within a reasonable amount of time in light of the circumstances and relief requested; or (2) extraordinary circumstances exist which excuse the filing of the stay at the trial court level.

Whether you can obtain a stay will depend on the facts of the case. With money and property, unlike custody, the trial court is likely to require you to post a bond to address the contingency that you do not prevail on appeal. This area of law is extremely technical. The above information is general in nature, and there are exceptions to almost every rule. Obtaining skilled counsel is key to navigating the complex waters of appeals. This blog post was written by attorneys at Dixon & Moseley, P.C. who handle all types of appeals, be it civil or criminal, throughout Indiana. This blog is intended for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • This means it is not enforced for property or custody and the prior order remains controlling.
  • What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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