2. Decide if you need a stay

Just because you file an appeal, it doesn’t mean that the effects of your conviction stop. For example, your driver’s license may still be suspended. If you want to stop this from happening, you must apply for a “stay”. A stay pauses the effects of your conviction until your appeal has been decided.

You apply for a stay by bringing a motion in the appeal court. The form for a motion to stay is available at the court office where your trial took place, or at the appeal court office.

What you must prove

To get a stay you must show that:

  • there is some merit to your appeal, which means you have some chance of winning
  • you would suffer ‘irreparable harm’ if the stay is refused, and
  • the harm to you outweighs the harm to the government if the stay is granted

Serve and file your motion to stay

A motion to stay cannot happen until your notice of appeal is filed with the court. See Step 3 for more information. You can serve and file your motion to stay at the same time that you file your Notice of Appeal.

You must also serve your motion to stay on the prosecutor. Serving means giving the prosecutor a copy so that they know about the motion.

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