Also known as: stays · stayed · staying · stayor · suspension · halt proceedings
Written by attorneys · grounded in primary & secondary sources — see below
A judicial directive that postpones or suspends a legal proceeding, the enforcement of a judgment, or discovery for a period the court deems appropriate.
Samantha Stone files a derivative action against Stonehaven Properties alleging mismanagement. The corporation promptly commences an internal inquiry into the demand allegations. The court stays the proceeding for ninety days while the inquiry proceeds.
A plaintiff obtains a money judgment against a corporate defendant. The defendant posts a supersedeas bond. The court grants a stay of enforcement pending appeal for the period approved by the court.
A parent petitions to modify a custody order. The court issues an order staying enforcement of the existing visitation schedule until a full evidentiary hearing can be held.
Select any source to read its text and confirm it supports the definition.
A party moves for sanctions after discovering spoliation. The court stays all further discovery and proceedings for thirty days to allow investigation of the alleged misconduct.
Sterling Dynamics, a limited partnership, faces a derivative suit and appoints a special litigation committee. The committee moves the court to stay all discovery pending completion of its investigation.
A judgment debtor seeks relief from execution. The court grants a stay of enforcement under Rule 62 for thirty days after entry of the judgment to permit posting of security.
A court may stay the proceeding if the corporation has commenced an inquiry into the allegations in the demand or complaint. The stay lasts for the period the court deems appropriate to allow the inquiry to conclude.
Execution is automatically stayed for thirty days after entry unless the court orders otherwise. A party may obtain a further stay by posting a bond or other security approved by the court.
No. The rule merely postpones enforcement. An appeal may still be taken within the ordinary time limits while the stay is in effect.
The court must stay discovery for the time reasonably necessary for the committee to investigate, unless good cause is shown otherwise.
…was made clear in Bell v. Burson , 402 U. S. 535, holding that there must be an opportunity for a fair hearing before mere suspension of a driver's license. A driver's license clearly does not rise to the level of "necessity" exemplified by wages and welfare benefits. Rather, as the Court accurately stated, it is an…