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When a motion to compel arbitration is denied in a lower court and the defendant files an appeal, does that automatically stay proceedings in the lower court?

Since the rules and laws can vary from one court to another, the question is in relation to Special Civil Part (eviction) in NJ.

Based on my understanding, if the defendants can prove significant harm if the case proceeds in the lower courts before it has a chance to be reviewed in the Appellate Division it would cause a stay to proceedings.

Would an eviction be considered significant harm?

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  • Actual eviction (e.g. bailiffs), or eviction legal proceedings?
    – sharur
    Feb 5, 2023 at 3:47

1 Answer 1

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According to the Appellate Process on NJCourts.gov:

The filing of a notice of appeal does not automatically stay the judgment, order or decision that you are appealing. To secure a stay pending appeal, you should move before the trial court or agency for that stay. If it is denied, you may repeat the motion to the Appellate Division.

So apparently the answer to the question is that it is up to the discretion of the Judge in the lower courts whether to grant or deny a stay after an appeal is filed.

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  • Without commenting on the availability of process of an appeal itself, normally, to stay a judgment, an appeal bond must be filed that is usually based upon the amount of the monetary default giving rise to the eviction order.
    – ohwilleke
    Feb 6, 2023 at 5:07
  • What if the judgement simply denied a request to compel arbitration regarding a monetary dispute? In that case, would the appellant need to post the amount equal to the underlying dispute?
    – S.O.S
    Feb 6, 2023 at 7:34
  • In all likelihood yes. I don't see any material difference with respect to the issue of what is necessary to stay its judgment pending an appeal between an appeal of a denial of a motion to compel and an appeal of a merits decision.
    – ohwilleke
    Feb 6, 2023 at 19:39

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