Also known as: stays of proceedings · stay
Written by attorneys · grounded in primary & secondary sources — see below
A court order that temporarily suspends litigation or other judicial proceedings. It provides time for investigation, compliance, or resolution of threshold issues before the action continues.
Stella Shapiro files a derivative action against Spectrum Financial alleging mismanagement. The corporation commences an internal inquiry into the demand. The court grants a stay of the derivative proceeding for the period needed to complete the inquiry.
Sylvia Santos petitions for visitation rights with a child living with another caregiver. The court stays the custody proceedings while evaluating whether an overnight stay arrangement satisfies the statutory definition of visitation.
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Sterling Dynamics faces a derivative claim as a limited partnership. It appoints a special litigation committee to review the claims. The court stays discovery for the time reasonably necessary for the committee to complete its investigation.
Sydney Santos, convicted and sentenced to death, exhibits signs of incompetence while on death row. The court stays the execution proceedings pending a full competency determination by mental health experts.
Spencer Silver challenges a firearms restriction in federal court. The district court stays further proceedings on the merits while the appellate court considers a controlling question of law under the statute.
Sapphire Technologies launches a tender offer opposed by state regulators. The court stays the state enforcement proceedings while the federal court resolves whether the state law is preempted.
A court may stay a derivative proceeding when the corporation commences 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.
The court must stay discovery for the time reasonably necessary for the committee to investigate, unless good cause is shown otherwise. The stay does not prevent the court from granting extraordinary relief such as a temporary restraining order.
An application for an appeal under the statute does not automatically stay district court proceedings. The district judge or the court of appeals must expressly order a stay for proceedings to be suspended.
…in hospitals as inpatient procedures. For pregnancies in the first trimester, abortion in the hospital with or without overnight stay "is probably the safest practice." An abortion in an extramural facility, however, is an acceptable alternative "provided arrangements exist in advance to admit patients promptly if…