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Source Civil Procedure Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

A federal district court entered a $250,000 judgment against a defendant. The defendant timely filed a notice of appeal but did not post a bond, provide other approved security, or obtain a stay order. Forty days after entry of judgment, the plaintiff began enforcement proceedings while the appeal was pending. The defendant moves to quash, arguing that the appeal itself stayed enforcement. Which statement is most accurate?

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The appeal automatically stays enforcement if the appellant promises to pay after remittitur. The appeal alone stays enforcement of the money judgment until the appellate mandate issues. The appeal does not stay enforcement only when the judgment includes punitive damages. After the 30-day automatic stay expires, the plaintiff may pursue enforcement unless the defendant obtains a stay by bond, other security, or court order.

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