Rule 84-3. Stay of Execution

(a) In any action in which a stay of proceedings was in effect during the pendency of the appeal, proceedings to enforce or carry out the judgment shall be stayed until the time to file the petition has expired. If no stay of proceedings was in effect, but the decision of the Appellate Court would change the position of any party from its position during the pendency of the appeal, proceedings to enforce or carry out the judgment shall be stayed until the time to file the petition has expired. If a petition by a party is timely filed, the proceedings shall continue to be stayed until the Supreme Court acts on the petition and, if the petition is granted, until the final determination of the cause.

(b) Any party may file a motion in the Appellate Court to terminate the stay provided for in subsection (a). Such motion shall comply with Sections 66-2 and 66-3 and state, in the first paragraph, the panel of Appellate Court judges that heard the case. The presiding judge, or if such presiding judge is unavailable, the most senior judge on such panel who is available, may act upon such a motion for termination of the stay up to the time the Supreme Court acts upon the petition. If the judge is of the opinion that the certification proceedings have been filed only for delay or that the due administration of justice so requires, such judge may order that the stay be terminated.

Committee Notes

(P.B. 1978-1997, Sec. 4128.) (Amended Sept. 16, 2015, COMMENTARY—2026: The purpose of this amendment is to make clear that, if a stay is in effect when the Appellate Court decides an appeal and a timely petition for certification to appeal to the Supreme Court is filed, then the proceedings shall continue to be stayed until the Supreme Court decides the petition.