Which instrument stays enforcement during appeal?

• A. Final order
• B. Interim order
• C. Recommended order
• D. Writ of supersedeas

Answer: (D)

A writ of supersedeas is the tool used to stay enforcement of an order or judgment while an appeal is pending. It acts to suspend the enforcement actions so the appellate process can proceed without irreparably changing the situation or rendering the appeal moot. Often, obtaining a supersedeas requires posting a bond or undertaking to protect the party who would be harmed if the outcome of the appeal isn’t favorable.

Why the other options don’t fit: a final order is the decision on the merits and may be appealed, but it doesn’t automatically stop enforcement. An interim order is a temporary ruling issued during the proceedings and not specifically a stay of enforcement of the final decision. A recommended order is a proposed disposition by a hearing officer and does not itself suspend enforcement.