Ohio Loc. App. R. 4.1

As amended through October 29, 2024

Rule 4.1 - Motion to Stay Execution of Appealed Civil Judgment

(A) Filing

All motions for stay of execution of a civil judgment shall be made in the first instance to the trial court, as required by App.R. 7. If any such motion is denied by the trial court, or if application to the trial court for the relief sought is not practicable as contemplated by App.R. 7, the motion may be made in the Court of Appeals. In addition to filing such motion with the clerk of courts, the moving party shall immediately serve the motion upon the opposing party in accordance with App.R. 13.

(B) Content of the motion

(1) A motion for stay of execution of an appealed civil judgment shall be accompanied by a memorandum which outlines the reasons for the relief requested, cites to supporting evidence in the trial court record, and discusses the relevant factors concerning:

(a) Whether the stay should be granted based on the likelihood of success of the appeal, any irreparable harm to the appellant, any potential harm to the appellee occasioned by a stay, and the public interest; and

(b) Whether the posting of a supersedeas bond should be required and, if so, in what amount.

(2) The motion shall be accompanied by a copy of the trial court's judgment in which it denied a request to stay the appealed judgment. If no such judgment has been entered, the memorandum must also contain an indication that the motion was made and ruled upon on the record in the trial court or an explanation of why application to the trial court for the relief sought is not practicable as contemplated by App.R. 7.

(C) Emergency motion or application

If the moving party can demonstrate the existence of exigent circumstances, the Court may ex parte grant a temporary stay until the opposing side can file a response and a final determination can be rendered on the motion. If the moving party specifically requests an emergency stay or emergency bond, the stay motion and memorandum required by subsection (B) shall detail:

(1) The nature of the exigent circumstances; and

(2) The efforts which have been made to give the opposing counsel or party notice of the request.

(D) Service of and response to the motion

When a motion for stay of execution of a civil judgment is filed, it must be served upon the opposing party. The response of the opposing party to a motion for stay of execution of an appealed civil judgment shall be due within seven days from the filing of the motion to stay. The Court, within its discretion, can either extend or shorten the period for the filing of the response.

Ohio. Loc. App. R. 4.1

Amended eff. 1/1/2022; amended eff. 2/1/2024.