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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 Does the Indiana Court of Appeals Review (and What It Won’t)?

    On Behalf of Dixon & Moseley, P.C. | Mar 11, 2026 | Uncategorized

    If you’re thinking about an appeal in Indiana, one of the most important — and most misunderstood — questions is what the Indiana Court of Appeals will actually review. Many people assume an appeal is a “do‑over” of the trial. It is not. The Indiana Court of Appeals has a limited role, and understanding that role early can help set…

    Indiana Criminal Appeals: How to Appeal a Conviction in Indiana

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

    A criminal conviction in Indiana does not always mark the end of the road. In many cases, defendants have the right to pursue a criminal appeal in Indiana and ask a higher court to review whether legal errors affected the outcome of their case. Understanding how Indiana criminal appeals work, and acting quickly, can be critical to protecting your rights.   What Is a…

    Who Is Entitled to Parenting Time During Spring Break in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Feb 26, 2026 | Uncategorized

    Spring break is a highly anticipated time for children—but for divorced or separated parents, it often raises important legal questions. One of the most common questions Indiana family law attorneys hear is: Who gets parenting time during spring break in Indiana? Ultimately, the answer to this question is fact specific. However, generally speaking, the answer can be found in your…

    Appealing Summary Judgment in Indiana: What Works (and What Doesn’t)

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

    Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate practice. This can leave many with a multitude…

    What Are the Indiana Parenting Time Guidelines?

    On Behalf of Dixon & Moseley, P.C. | Feb 22, 2026 | Uncategorized

    When parents separate or divorce in Indiana, one of the most important and emotional issues to resolve is parenting time. Indiana courts rely on the Indiana Parenting Time Guidelines to create fair, consistent schedules that support children’s well-being and maintain strong relationships with both parents. If you’re navigating a custody case, understanding how these Guidelines work can help you make…

    Military Divorce in Indiana: What Service Members Should Know

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

    Divorce is never easy, and when one spouse is a member of the military, the process involves additional legal layers at both the federal and state level. If you’re a service member (or married to one) considering divorce in Indiana, it’s important to understand how military status affects jurisdiction, benefits, property division, child custody, and more.(Divorce in Indiana) 1. Filing…

    Stepparent Adoption in Indiana: Legal Steps for Blended Families

    On Behalf of Dixon & Moseley, P.C. | Feb 10, 2026 | Uncategorized

    Blended families are increasingly common, and for many stepparents in Indiana, adoption is a meaningful way to solidify an already strong parent-child bond. Stepparent adoption provides legal security, emotional stability, and clarity for the entire family—but it also comes with specific legal requirements that must be handled carefully. Below is a clear, practical overview of how stepparent adoption works in…

    How Long Does a Father Have to File for Paternity in Indiana?

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

    If you’re a father who isn’t married to your child’s mother at the time of the child’s birth, establishing paternity is one of the most important legal steps you can take. Paternity affects custody, parenting time, child support, inheritance rights, and even access to medical information. A common question we hear is how long do I have to file for…

    How Retirement Accounts Are Divided in an Indiana Divorce

    On Behalf of Dixon & Moseley, P.C. | Feb 3, 2026 | Uncategorized

    One of the most stressful—and often misunderstood—parts of a divorce is what happens to retirement accounts in a divorce. For many people, their 401(k), pension, or IRA is the largest asset they own besides their home. The thought of splitting it with their soon to be former spouse can feel overwhelming. Understanding how Indiana courts divide retirement accounts can help…

    Can a Child Choose Which Parent to Live With in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Jan 28, 2026 | Uncategorized

    In Indiana, a child does not get to decide custody on their own. There is no specific age at which a child suddenly gets to choose which parent they will live with. Instead, Indiana courts decide custody based on what is in the best interests of the child. That means the outcome of your case depends on the evidence presented…

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