united-states civil-procedure new-jersey appeal motion
Denial of a motion to compel arbitration
<p>When a motion to compel arbitration is denied in a lower court and the defendant files an appeal, does that automatically stay proceedings in the lower court?</p>
<p>Since the rules and laws can vary from one court to another, the question is in relation to Special Civil Part (eviction) in NJ.</p>
<p>Based on my understanding, if the defendants can prove significant harm if the case proceeds in the lower courts before it has a chance to be reviewed in the Appellate Division it would cause a stay to proceedings.</p>
<p>Would an eviction be considered significant harm?</p>

<p>According to the <a href="https://www.njcourts.gov/sites/default/files/forms/appellateprocess.html#civil" rel="nofollow noreferrer">Appellate Process</a> on NJCourts.gov:</p>
<blockquote>
<p>The filing of a notice of appeal does not automatically stay the
judgment, order or decision that you are appealing. To secure a stay
pending appeal, you should move before the trial court or agency for
that stay. If it is denied, you may repeat the motion to the Appellate
Division.</p>
</blockquote>
<p>So apparently the answer to the question is that it is up to the discretion of the Judge in the lower courts whether to grant or deny a stay after an appeal is filed.</p>
