Magistrate Denied Stay Appeal

Summary

A magistrate in Indiana family law may deny a stay pending appeal based on factors like the likelihood of success, irreparable harm, potential harm to the other party, and public interest. To appeal, prepare and file a notice of appeal, serve it to the opposing party, gather relevant documents, and draft an appellate brief. Certified mail is a cost-effective way to serve documents. Consider filing a Motion for Stay Pending Appeal with supporting documents.

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Indiana family law

Thank you for your response. To provide accurate information, could you please clarify whether your motion for a stay pending appeal was related to a family law case, such as divorce, child custody, or support?

Why would magistrate deny a stay on appeal and what can you do

In Indiana family law, a magistrate might deny a stay pending appeal for several reasons:
- Lack of likelihood of success on the merits of the appeal.
- Inadequate showing of irreparable harm if the stay is not granted.
- Potential harm to the other party.
- Public interest considerations.
To address this, you can:
- File a motion to reconsider with the magistrate.
- Appeal the decision to a higher court.
Would you like more detailed information on appealing this decision?

It was an hair follicle test

In Indiana family law, a hair follicle test might be used in cases involving child custody or support to determine substance use. If this is the basis of your motion for a stay pending appeal, you might need to show why the test results are contested.
Would you like more information on challenging hair follicle test results in court?

He granted it on the evidence

It sounds like you are dealing with a complex family law issue in Indiana involving a hair follicle test. Can you clarify if the magistrate granted or denied the motion based on the evidence? This will help me provide more accurate information.

But the evidence didn’t say I didn anything

It seems you're dealing with a complex situation involving the denial of a stay pending appeal in an Indiana family law case, where a hair follicle test is involved.
Could you clarify what specific evidence was presented and how it was interpreted by the magistrate? This will help me provide more precise information.

I filing a appeal today and wanted to see if the upper court agreed with evidence before submitting test and asked that magistrate to wait for the decision

It appears you're seeking to appeal a magistrate's decision in an Indiana family law case and want to know if the upper court would agree with the evidence before submitting your test.

Steps to Take:
*. **File the Appeal:**
- Ensure all necessary documents are included.
- Clearly state the grounds for the appeal.
*. **File a Motion for Stay Pending Appeal:**
- Explain why the stay is necessary.
- Highlight any potential harm if the stay is not granted.
*. **Review the Evidence:**
- Gather any additional evidence or expert testimony.
- Clarify why the current evidence should be reconsidered.
Would you like more specific guidance on filing the motion for stay or appealing the decision?

So I have to file two appeals or just one because drug testing and lawyer fees are tied together

To clarify your situation:
If your issues are intertwined (drug testing and lawyer fees), you might be able to address them in a single appeal. However, this depends on how the decisions were issued.
Could you specify whether the decisions on drug testing and lawyer fees were issued as part of the same court order?

Yes same cash the opposing party wanted me to pay half her fees and hair follicle

Thank you for clarifying. In Indiana family law, if both the drug testing and lawyer fees are addressed in the same court order, you can likely appeal them together.

~Next Steps:~
*. **File the Appeal:**
- Include all relevant documents.
- Clearly state all grounds for the appeal.
*. **File a Motion for Stay Pending Appeal:**
- Explain why a stay is necessary.
- Highlight potential harm if the stay is not granted.
Would you like specific guidance on drafting your appeal?

Can you guide me thru the appeal

Certainly! Here are the steps to guide you through the appeal process in Indiana family law:

Steps to File an Appeal:
*. **Prepare the Notice of Appeal:**
- Identify the court order you are appealing.
- State the grounds for your appeal.
*. **File the Notice of Appeal:**
- File it with the clerk of the court where the original order was issued.
- Serve a copy to the opposing party.
*. **Prepare the Record on Appeal:**
- Include all relevant documents, transcripts, and evidence presented in the original case.
*. **Draft the Appellate Brief:**
- Clearly outline errors in the original court's decision.
- Support arguments with legal precedents and relevant laws.
*. **File the Motion for Stay Pending Appeal:**
- Explain why the stay is necessary.
- Highlight any potential harm if the stay is not granted.
*. **Submit the Appellate Brief and Motion:**
- File both with the appellate court.
- Serve copies to the opposing party.
Would you like detailed guidance on any specific step?

So do I just email the appeal to my son mother?

No, you should not email the appeal to your son's mother directly. Here's what you need to do:
*. **File the Appeal**:
- Submit it with the clerk of the court where the original order was issued.
*. **Serve the Appeal**:
- Serve a copy to the opposing party (your son's mother) following legal procedures, often through certified mail or a process server.
Would you like more information on serving legal documents?

Which is cheaper

Serving legal documents through certified mail is generally cheaper than using a process server. Certified mail provides proof of delivery, which is often required by courts.
Would you like details on how to use certified mail for serving legal documents?

Ok walk me thru each step and I’ll answer

Certainly! Let's break down the steps to serve legal documents using certified mail:

Steps to Serve Legal Documents via Certified Mail:
*. **Prepare the Documents:**
- Make copies of the appeal and any supporting documents.
- Ensure you have a completed copy to send and one to keep for your records.
*. **Visit the Post Office:**
- Take the prepared documents to your local post office.
*. **Request Certified Mail Service:**
- Inform the postal worker that you need to send the documents via certified mail with a return receipt requested (also known as "green card" service).
- Fill out the certified mail receipt and the return receipt card.
*. **Mail the Documents:**
- Pay for the certified mail service.
- The postal worker will provide you with a tracking number and a receipt. Keep this receipt as proof of mailing.
*. **Track Delivery:**
- Use the tracking number to monitor the delivery status of your documents through the USPS website.
*. **Receive the Return Receipt:**
- Once the documents are delivered, you will receive the signed return receipt card back in the mail. This serves as proof that the documents were served.
Would you like more detailed guidance on any of these steps

Thru the appeal

I understand you want detailed guidance on the appeal process. Let's focus on filing the appeal first:

Steps to File an Appeal in Indiana Family Law:
*. **Prepare the Notice of Appeal:**
- Identify the specific court order you are appealing.
- Clearly state the grounds for your appeal (e.g., errors in the original decision).
*. **File the Notice of Appeal:**
- Submit the notice to the clerk of the court where the original order was issued.
- Pay any required filing fees.
*. **Serve the Notice of Appeal:**
- Serve a copy to the opposing party (your son's mother) via certified mail or a process server.
Would you like to proceed with more details on any of these steps?

So this is how the motion of stay pending appeal starts

Certainly! Here are the steps to file a Motion for Stay Pending Appeal in Indiana family law:

Steps to File a Motion for Stay Pending Appeal:
*. **Draft the Motion:**
- Title it "Motion for Stay Pending Appeal."
- Include a statement of the facts and the legal basis for the stay.
- Explain why the stay is necessary and highlight any potential harm if the stay is not granted.

*. **Attach Supporting Documents:**
- Include any relevant evidence or affidavits supporting your motion.
*. **File the Motion:**
- Submit the motion to the clerk of the court where the original order was issued.
- Pay any required filing fees.
*. **Serve the Motion:**
- Serve a copy of the motion to the opposing party (your son's mother) via certified mail or a process server.
Would you like more detailed guidance on drafting the motion or any other step?

Yes

Certainly! Let's start with drafting the Motion for Stay Pending Appeal:

Steps to Draft a Motion for Stay Pending Appeal:
*. **Title and Introduction:**
- Title: "Motion for Stay Pending Appeal"
- Include the case name, case number, and the court where the original order was issued.
*. **Statement of Facts:**
- Briefly summarize the background of your case.
- Mention the court order you are appealing and the reasons for the appeal.
*. **Legal Basis for the Stay:**
- Cite relevant laws or precedents that support your request for a stay.
- Explain why a stay is necessary to prevent irreparable harm.
*. **Arguments:**
- Argue why you believe you are likely to succeed on appeal.
- Highlight any potential harm you or your child might face if the stay is not granted.
- Mention the public interest, if applicable.
*. **Conclusion:**
- Summarize your request for the court to grant a stay pending the outcome of the appeal.
*. **Signature and Date:**
- Sign and date the motion.

Sample Outline:
```
[Case Name]
[Case Number]
[Court Name]
**Motion for Stay Pending Appeal**

I need the template

Certainly! Here’s a template for a Motion for Stay Pending Appeal:
---

[Case Name]

[Case Number]

[Court Name]
**Motion for Stay Pending Appeal**
**Introduction:**
- **Title:** Motion for Stay Pending Appeal
- **Case Name and Number:** [Insert Case Name and Number]
- **Court:** [Insert Court Name]
**Statement of Facts:**
- **Background:** Briefly summarize the background of your case.
- **Order Appealed:** Mention the court order you are appealing and the reasons for the appeal.
**Legal Basis for the Stay:**
- **Relevant Laws/Precedents:** Cite relevant laws or precedents that support your request for a stay.
- **Necessity for Stay:** Explain why a stay is necessary to prevent irreparable harm.
**Arguments:**
- **Likelihood of Success:** Argue why you believe you are likely to succeed on appeal.
- **Potential Harm:** Highlight any potential harm you or your child might face if the stay is not granted.
- **Public Interest:** Mention the public interest, if applicable.
**Conclusion:**
- **Summary:** Summarize your request for the court to grant a stay pending the outcome of the appeal.
**Signature and Date:**
-

Write the template how I should type it out please

Certainly! Here’s a template for a Motion for Stay Pending Appeal that you can type out:
---
[Case Name]
[Case Number]
[Court Name]
**Motion for Stay Pending Appeal**
**Introduction:**
- **Title:** Motion for Stay Pending Appeal
- **Case Name and Number:** [Insert Case Name and Number]
- **Court:** [Insert Court Name]
**Statement of Facts:**
- **Background:** Briefly summarize the background of your case.
- **Order Appealed:** Mention the court order you are appealing and the reasons for the appeal.
**Legal Basis for the Stay:**
- **Relevant Laws/Precedents:** Cite relevant laws or precedents that support your request for a stay.
- **Necessity for Stay:** Explain why a stay is necessary to prevent irreparable harm.
**Arguments:**
- **Likelihood of Success:** Argue why you believe you are likely to succeed on appeal.
- **Potential Harm:** Highlight any potential harm you or your child might face if the stay is not granted.
- **Public Interest:** Mention the public interest, if applicable.
**Conclusion:**
- **Summary:** Summarize your request for the court to grant a stay pending the outcome of the appeal.
**Signature

Can you help with the brief summary

Certainly! Here’s a brief summary of the conversation:
**Summary:**
A user in Indiana family law sought guidance on appealing a magistrate's denial of a stay pending appeal involving a hair follicle test and lawyer fees. They asked for detailed steps on filing an appeal and serving documents. Specific guidance included preparing a Motion for Stay Pending Appeal and serving documents via certified mail.
**Key Points:**
- **Reason for Denial:** Magistrate's decision on likelihood of success, irreparable harm, potential harm to the other party, and public interest.
- **Steps to Appeal:** Prepare and file the notice of appeal, serve it to the opposing party, and gather evidence.
- **Serving Documents:** Certified mail is cheaper than using a process server.
- **Motion for Stay Pending Appeal:** Draft the motion, attach supporting documents, file with the court, and serve the opposing party.
Would you like more details on any specific part?

Repeat the brief summary

What am I copying from the summary

It seems you are asking for clarification on what to copy from the summary. Here’s what you should copy:
**Summary:**
A user in Indiana family law sought guidance on appealing a magistrate's denial of a stay pending appeal involving a hair follicle test and lawyer fees. They asked for detailed steps on filing an appeal and serving documents. Specific guidance included preparing a Motion for Stay Pending Appeal and serving documents via certified mail.
**Key Points:**
- **Reason for Denial:** Magistrate's decision on likelihood of success, irreparable harm, potential harm to the other party, and public interest.
- **Steps to Appeal:** Prepare and file the notice of appeal, serve it to the opposing party, and gather evidence.
- **Serving Documents:** Certified mail is cheaper than using a process server.
- **Motion for Stay Pending Appeal:** Draft the motion, attach supporting documents, file with the court, and serve the opposing party.

So do I start the summary at key points

In your summary, you should start with the **Summary** section and then proceed to the **Key Points** section. Here’s how it should look:
---
**Summary:**
A user in Indiana family law sought guidance on appealing a magistrate's denial of a stay pending appeal involving a hair follicle test and lawyer fees. They asked for detailed steps on filing an appeal and serving documents. Specific guidance included preparing a Motion for Stay Pending Appeal and serving documents via certified mail.
**Key Points:**
- **Reason for Denial:** Magistrate's decision on likelihood of success, irreparable harm, potential harm to the other party, and public interest.
- **Steps to Appeal:** Prepare and file the notice of appeal, serve it to the opposing party, and gather evidence.
- **Serving Documents:** Certified mail is cheaper than using a process server.
- **Motion for Stay Pending Appeal:** Draft the motion, attach supporting documents, file with the court, and serve the opposing party.
---
This should cover the essential aspects of your guidance and provide a clear and concise summary.

So I need summary of the case?

Certainly! Here’s a concise summary of your case:
**Summary:**
You are dealing with an Indiana family law case involving a magistrate's denial of a stay pending appeal related to a hair follicle test and lawyer fees. You want to appeal this decision and need guidance on the process.
**Key Points:**
- **Reason for Denial:** Magistrate's decision based on likelihood of success, irreparable harm, potential harm to the other party, and public interest.
- **Steps to Appeal:**
- Prepare and file the notice of appeal.
- Serve it to the opposing party.
- Gather all relevant evidence.
- **Serving Documents:** Certified mail is a cost-effective option.
- **Motion for Stay Pending Appeal:**
- Draft the motion.
- Attach supporting documents.
- File with the court.
- Serve the opposing party.
Would you like more detailed information on any specific part?

So am I asking guidance on the process or is that a made up example

It looks like you are seeking guidance on the process of appealing a magistrate's denial of a stay pending appeal in an Indiana family law case involving a hair follicle test and lawyer fees.
To better assist you, could you please confirm if you need:
*. Detailed steps on how to file the appeal?
*. Guidance on drafting the Motion for Stay Pending Appeal?
*. Information on serving legal documents?
Your confirmation will help me provide the most relevant information.

Detailed steps of the appeal

Certainly! Here are the detailed steps to file an appeal in Indiana family law:

Steps to File an Appeal in Indiana Family Law:
*. **Prepare the Notice of Appeal:**
- **Identify the Court Order:** Clearly state the court order you are appealing.
- **Grounds for Appeal:** Outline the reasons for your appeal, such as errors in the original decision.
*. **File the Notice of Appeal:**
- **Submit to Court Clerk:** File the notice with the clerk of the court where the original order was issued.
- **Pay Filing Fees:** Ensure you pay any required fees.
*. **Serve the Notice of Appeal:**
- **Serve Opposing Party:** Serve a copy of the notice to the opposing party (e.g., your son's mother) via certified mail or a process server.
*. **Prepare the Record on Appeal:**
- **Gather Documents:** Collect all relevant documents, transcripts, and evidence presented in the original case.
*. **Draft the Appellate Brief:**
- **Outline Errors:** Clearly outline the errors in the original court’s decision.
- **Support Arguments:** Use legal precedents and relevant laws to support your arguments.
*. **File the Motion for Stay Pending Appeal

What should be included in the summary

Certainly! Here’s a concise summary of the user's case and the guidance provided:
---
**Summary:**
A user in Indiana family law sought guidance on appealing a magistrate's denial of a stay pending appeal involving a hair follicle test and lawyer fees. They needed detailed steps on filing an appeal and serving documents.
**Key Points:**
- **Reason for Denial:** Magistrate's decision based on likelihood of success, irreparable harm, potential harm to the other party, and public interest.
- **Steps to Appeal:**
- Prepare and file the notice of appeal.
- Serve it to the opposing party.
- Gather all relevant documents and evidence.
- Draft the appellate brief outlining errors in the original decision.
- File a Motion for Stay Pending Appeal.
- Attach supporting documents and serve the motion to the opposing party.
- **Serving Documents:** Certified mail is a cost-effective option.
---
This summary includes the user's situation, the specific guidance provided, and the steps they need to take.

Magistrate Denied Stay Appeal

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