Local Rule LR 11.02 / LR 7069-2: Writ of Execution
Bankr. S.D. W.Va. — Civil rule
Unless otherwise ordered by the Court, a writ of execution cannot be issued until ten days after the entry of the judgment order. A writ of execution cannot be issued if the judgment debtor has obtained a stay pending appeal from the Court and posted a supersedeas bond in the amount set by the Court. No bond is required for an appeal taken by the United States or an agency thereof.
A writ of execution shall be made returnable not less than thirty (30) days nor more than ninety (90) days after issuance. The praecipe should indicate the return date desired by the judgment creditor. The party requesting the writ must furnish the Clerk with a completed U.S. Marshal's Process Receipt and Return Form 285.