Common use of STAY PENDING APPEAL Clause in Contracts

STAY PENDING APPEAL. If a defendant ap- peals from a conviction or an order of forfeiture, the court may stay the order of forfeiture on terms appropriate to ensure that the property remains available pending appellate review. A stay does not delay the ancillary proceeding or the determination of a third party’s rights or in- terests. If the court rules in favor of any third party while an appeal is pending, the court may amend the order of forfeiture but must not transfer any property interest to a third party until the decision on appeal becomes final, un- less the defendant consents in writing or on the record.

Appears in 4 contracts

Samples: Title, Title, Title

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