Sec. 53-401. Appeal of orders. Stay of execution. Filing of orders.
Sec. 53-401. Appeal of orders. Stay of execution. Filing of orders. (a) Any order
rendered as provided in section 53-398 or 53-400 shall be deemed a final judgment for
the purpose of appeal, which, notwithstanding section 54-96, may be taken by the state
or the defendant.
(b) No appeal shall be taken from such order except within seven days thereof. The
effect of such order shall be automatically stayed for such seven-day period. If an appeal
is taken within such seven-day period, the party taking such appeal may, within such
period, file an application with the clerk of the court in which such order was issued
requesting a stay of execution of such order pending such appeal, which application
shall set forth the reasons for such request. A copy of such application shall be sent to
the adverse party by the applicant. Upon the filing of such application, the effect of such
order shall be further stayed until a decision is rendered thereon. A hearing on such
application shall be held promptly. Where an appeal is taken by the defendant, such
order shall be stayed if the defendant posts a bond, as provided in subsection (c) of this
section.
(c) At the hearing on such application, the court shall: (1) Upon motion of a defendant who is taking the appeal, set an amount of bond with surety for the stay of such
order as provided in subsection (b) of this section, which amount shall be as much as
the court deems sufficient to protect the state's interest in the matter; (2) grant the stay;
(3) deny the stay; or (4) condition the granting of the stay upon the giving of such bond
by the defendant.
(d) The clerk of the court shall file a certified copy of any order of the court discharging or modifying a CORA lien notice on the official records wherein the CORA lien
notice to which it relates is filed as soon as the time for taking an appeal from such order
has elapsed or, if an appeal is taken and an application for a stay of such order is filed,
as soon as a decision granting or denying such stay has been rendered. Such order shall
be accompanied by a notation of the court's decision on any application for a stay relating
thereto. Such filing may be accomplished by mailing a certified copy of such order to
the office wherein such official records are kept, with return receipt requested. Such
order of the court shall be effective upon the filing of it on such official records. No
charge or fee shall be imposed for the filing of any such order in this state.
(e) No appeal taken pursuant to this section shall stay the underlying criminal prosecution under this chapter.
(P.A. 82-343, S. 9.)
Cited. 229 C. 479.
Subsec. (a):
Cited. 206 C. 421.