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Forms(1) Notice of Appeal (2) Designation of Record(3) Application for Deferral or Waiver of Court Fees and Costs (4) Motion and Affidavit to Waive or Reduce Cost Bond Pending Appeal (5) Notice of
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Rule 40 supersedeas refers to the process by which an appellant in a civil case can request a stay or suspension of enforcement of a judgment pending the outcome of an appeal.
The appellant, or the party appealing a court's judgment, is required to file rule 40 supersedeas.
Rule 40 supersedeas is typically filled out by submitting a motion to the court along with any required documentation outlining the reasons for requesting the stay.
The purpose of rule 40 supersedeas is to prevent the enforcement of a judgment while an appeal is pending, in order to avoid irreversible harm to the appellant.
The motion for rule 40 supersedeas must include details about the appeal, the judgment being appealed, and the reasons why a stay is necessary.
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