lilypadfrog
15:36
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
Stay of Proceedings
Read a random definition: Set
A quick definition of Stay of Proceedings:
A stay of proceedings is when a court stops or pauses a trial or legal case for a little while or a long time. Sometimes the court can start the case again later. This can happen automatically or by the judge's decision. If someone wants a stay, they have to show that they will probably win the case, that they will be hurt badly if the stay is not granted, that the other people in the case won't be hurt too much, and that it's good for the public to have a stay.
A more thorough explanation:
A stay of proceedings is a decision made by a court to temporarily or indefinitely stop or suspend a trial or legal proceeding. The court may later lift the stay and continue the proceeding. Some stays are automatic, while others are up to the judge's discretion.
For example, if a defendant in a criminal case appeals their conviction, the trial court may stay any further proceedings until the appeal is resolved. This means that the defendant will not be sentenced or serve any time in prison until the appeal is decided.
In order to obtain a stay, the party requesting it must show that they are likely to succeed on the merits of their appeal, that they will suffer irreparable harm if the stay is not granted, that the other parties will not be significantly harmed, and that granting the stay is in the public interest.
Overall, a stay of proceedings is a way for the court to pause a legal case while certain issues are resolved, such as an appeal or other legal matters.