California | Appeals and Writs
Legal Question
After an appeal has been given, how long can the case continue to be valid for the opposing side.
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Legal Answer
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Read More Answered By: Edward Hoffman |
Your question is unclear, but I think you're asking whether and how an appeal affects the validity of the judgment from which it was taken. The answer is that it doesn't. The judgment remains in place unless and until the appeal succeeds.
Many judgments can even be enforced while the appeal is pending, though the appellant will generally be allowed to post a bond or undertaking with the court to prevent this. The amount of the bond or undertaking is generally calculated from the size of the judgment. Appellants often cannot afford to post bonds or undertakings. When that happens they can seek relief from the bond requirement, but such relief is rarely granted.
The appeal can proceed regardless of whether a bond has been posted; the bond determines only whether the judgment can be enforced, not whether it can be appealed. This is not true in some states, where an appellant who fails to post a bond cannot proceed with his appeal at all. |
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