Petition may be made for an order to stay the judgment or order rendered by the Community Court, pending appeal. The petition shall be made first to the Community Court at the time of filing a notice of appeal or notice for permission to appeal. If the Community Court denies the petition it may be filed with the Court of Appeals. Stays shall be liberally granted.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to clarify the procedure and to give the courts discretion in granting or denying stays.)
A stay may, in the Court’s discretion, be conditioned on filing case or a bond in an amount set by the deciding court. The amount shall be sufficient to guarantee performance of the judgment or order plus interests and costs of appeal. Any surety on a bond must be approved by the deciding court.
(Res. 84 A 03, 2/14/1984)
Petition for release following a judgment of conviction shall be filed in the Community Court. If the petition is denied, a petition may be filed in the Court of Appeals. The petition’ shall be considered promptly upon such papers and affidavits as the parties present and after reasonable notice to all parties. The burden of establishing that the defendant will not flee or pose a danger rests with the defendant.
(Res. 84 A 03, 2/14/1984)