Can we file pre-emptive opposition to Defendant's motion to stay judgement pending appeal?

Question

We are pro per plaintiffs who were successful in obtaining a significant award in a civil unlimited case. Defendants were unsuccessful in post-trial motions, so they filed an appeal from judgement and another from post-trial order. Defendants are represented by a large and aggressive firm, who has a strategy of trying to stretch the matter in order to wear us out. We have started the process of trying to enforce our judgment,  but we think Defendants will seek a stay of enforcement pending appeal (despite their having to put up a 7 figure financial security). We feel pretty good about being able to convince the court to reject the stay based on the significant hardships precipitated by defendants' actions and irreparable harm harm we face (foreclosure on our family home), based on the balance of hardships, and the low likelihood of success of their appeal. I would like to preemptively file an opposition (which i understand is allowable) to avoid even more time delay.  Can we do this?

James L. Arrasmith · Answer

Based on the information provided, here's my analysis of your situation: 
 
1. Preemptive Opposition: 
In general, it is possible to file a preemptive opposition to an anticipated motion. However, this is not a common practice and may not be the most effective strategy. Courts typically prefer to address motions and oppositions in the standard order: motion, opposition, reply. 
 
2. Procedural Considerations: 
Before filing a preemptive opposition, consider the following: 
 
   a) There may not be a proper procedural mechanism for filing an opposition to a motion that hasn't been filed yet. 
    
   b) The court might not accept or consider your preemptive opposition, as it's not responding to an actual filed motion. 
    
   c) You may end up having to file another opposition once the actual motion is filed, potentially duplicating your efforts. 
 
3. Strategic Considerations: 
While your intention to avoid delays is understandable, a preemptive filing might not be the best strategic move: 
 
   a) It could alert the defendants to arguments they hadn't considered, allowing them to strengthen their motion. 
    
   b) You might not address all the points in their actual motion, requiring additional filings. 
    
   c) It could be seen as an overly aggressive move by the court, potentially affecting their perception of your case. 
 
4. Alternative Approaches: 
Instead of a preemptive opposition, consider these alternatives: 
 
   a) Prepare your opposition arguments in advance, so you can file quickly once their motion is submitted. 
    
   b) If allowed in your jurisdiction, file a request for expedited consideration of any stay motion once it's filed. 
    
   c) Continue with your enforcement efforts until a stay is actually granted. 
 
5. Legal Advice: 
Given the complexity of your case and the high stakes involved (potential foreclosure on your family home), it would be advisable to consult with an experienced appellate attorney. Even if you continue to represent yourselves pro per, a consultation could provide valuable insights into local court practices and the most effective strategies for your situation. 
 
Remember, while you may have been successful at trial, appellate procedure can be quite different and complex. An experienced attorney could help you navigate this process more effectively.

Q: Can we file pre-emptive opposition to Defendant's motion to stay judgement pending appeal?