§ 8.01-465.13:7.Stay of proceedings pending appeal of foreign-country judgment.
Chapter 17.2. Uniform Foreign-country Money Judgments Recognition Act · Last amended 2014 · Last verified July 16, 2026
Full Text of § 8.01-465.13:7
Plain-English Summary
An appeal abroad does not automatically freeze a Virginia recognition proceeding, but this section lets the court grant that pause when it makes sense. If a party establishes that an appeal from the foreign-country judgment is pending or will be taken, the court “may stay” any proceedings regarding that judgment.
The stay can run until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so — a built-in check against a debtor using an unpursued appeal to stall indefinitely.
Notice the word choice: “may,” not “shall.” Chapter 17.1's parallel provision, § 8.01-465.4, makes a stay mandatory once a debtor makes the required showing and posts security. This section leaves the decision to the court's discretion and does not mention any security requirement, reflecting the more case-by-case character of foreign-country judgment recognition generally.
Frequently Asked Questions
Is a stay under this section mandatory or discretionary?
Discretionary — the court “may stay” proceedings, not “shall stay” them.
What must a party show to seek a stay under this section?
That an appeal from the foreign-country judgment is pending or will be taken.
How long can a stay under this section last?
Until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Does this section require the appellant to post security, as Chapter 17.1's stay provision does?
No, this section contains no security or bond requirement.
Does this stay provision apply to sister-state judgments filed under Chapter 17.1?
No, it applies to proceedings regarding a foreign-country judgment under this chapter; the comparable stay rule for Chapter 17.1 is § 8.01-465.4.
Amendment History
2014, c. 462.