It is not uncommon for attorneys to use the appellate process to stall civil court proceedings for a variety of strategic reasons during the discovery and pretrial phases of litigation. For example, the appeal of an interlocutory order can delay discovery or force a pending trial to be rescheduled. The appeal of a final judgment could hinder resolution of issues such as post-judgment enforcement and pending motions for attorney fees or sanctions. Once opposing counsel files a notice of appeal and moves to stay the trial court proceeding, the appeal can serve as an effective delay tactic.
Such strategies among others can be used to exhaust the financial resources of your client, make the recollection of actual events less clear with the passing of time, and delay the payment of an inevitable judgment. But an effective appellate motion practice can also be used to combat these roadblocks.
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