| RULE
7 |
Sturchio
v. Liberty [03/15/07] 2007 MTWCC 12
Pursuant to Mont. R. App. P. 7(b), upon service of a notice of appeal,
“if the appellant desires a stay of execution, the appellant must,
unless the requirement is waived by the opposing party, present to the
district court and secure its approval of a supersedeas bond . . . .”
ARM 24.5.346 explains that, except as provided within the rule, the
procedure to be followed is that set out in Mont. R. App. P. 7(a)-(b).
In the case at hand, Petitioner has not waived the requirement of the
bond, and since Respondent has not posted a supersedeas bond, the Court
denies its motion for stay of execution of judgment. |