What Is a Motion to Stay?
A Motion to Stay Proceedings is a court ruling that temporarily stops a judicial proceeding. It suspends a case or a particular proceeding within it. The document can also be used to postpone an eviction.
- Stay of Proceedings;
- Stay Motion.
A judge is within their rights to grant a Stay Motion based on the documentation filed by the party to the case or without a formal request from either party. Usually, it is done to postpone a case until one or both parties comply with a court procedure or order.
A Motion to Stay Proceedings is necessary because another action underway may affect the current case or the rights of the parties in the case. For instance, a defendant might face a lawsuit from a plaintiff in two separate cases – in federal court and state court. In this scenario, a court may agree to apply a Motion to Stay in deference to the other court which will allow the defendant to concentrate on just one trial.
Select your state from the list below to download a form that can be used in your local court. If your state is not listed below, refer to the website of your state's judiciary for information on how to file a Motion to Stay compliant with their requirements.
- New Hampshire;
- New Jersey;
- New York;
- North Carolina;
How to File a Motion to Stay?
Follow these steps to file a Motion to Stay in a court:
- Start composing a document that requests the stay order. Write down the name of the judge and the county where the court is situated. Add your full name and contact information. Refer to the case you are a party to;
- Explain in full detail the reasons that compel you to file a Stay Motion. List pending related cases you are aware of, indicate whether you want the stay order to extend to them, and support your point of view with documentation and declarations that show a stay order is vital and appropriate for the purposes of coordination;
- Sign and date your request. Make a copy of the motion for your own records. Send the original motion via certified mail to obtain a return receipt. Retain any court response for your documentation.
What Is a Motion to Stay Pending Appeal?
Usually filed via the same form, a Motion to Stay Pending Appeal will suspend the proceedings and the effect of the final judgment in a case where an appeal has been filed. The document must show that moving in the court of the first instance is not practicable, list the facts that prove it, and request that the original decisions of the court are not enforced until the appeal process is complete.
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