Rule 71-6. Stay of Proceedings

(a) Unless the chief justice or chief judge shall otherwise direct, any stay of proceedings which was in effect during the pendency of the appeal shall continue until the time for filing a motion for reconsideration has expired, and, if a motion is filed, until its disposition, and, if it is granted, until the appeal is finally determined. For appeals in the Appellate Court, any stay in effect shall continue until the time to file a petition for certification to the Supreme Court has expired, and if such a petition is timely filed, any stay shall be governed by Section 84-3.

(b) If no stay of proceedings was in effect during the pendency of the appeal and the decision of the court having appellate jurisdiction would change the position of any party from its position during the pendency of the appeal, all proceedings to enforce or carry out the decision of the court having appellate jurisdiction shall be stayed until the time for filing a motion for reconsideration has expired, and, if a motion is filed, until its disposition, and, if it is granted, until the appeal is finally determined. For appeals in the Appellate Court, any stay in effect shall continue until the time to file a petition for certification to the Supreme Court has expired, and if such a petition is timely filed, any stay shall be governed by Section 84-3. (See also Section 61-11.)

Committee Notes

(Amended July 21, 1999, to take effect Jan. 1, 2000.) (P.B. 1978-1997, Sec. 4123.) (Amended July 21, 1999, to