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24.5.346    STAY OF JUDGMENT PENDING APPEAL

(1) The party appealing a judgment of the workers' compensation judge may request a stay of execution of the judgment or order pending resolution of the appeal. A request for new trial and/or request for amendment to findings of fact and conclusions of law shall be deemed an automatic stay until the request is ruled upon. If the parties stipulate that no bond shall be required, or if it is shown to the satisfaction of the court that adequate security exists for payment of the judgment, the court may waive the bond requirement.

(2) Except as provided for herein, the procedure for requesting a stay and the procedure for posting a supersedeas bond will be the same as the procedure in Rule 7(a) and 7(b) , respectively, of the Montana Rules of Appellate Procedure.

History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 39-71-2901 MCA; NEW, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 675, Eff. 4/1/95.

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