A motion to stay is a legal request filed by a party in a lawsuit, asking the court to temporarily halt or suspend a portion or the entirety of the legal proceedings. The party filing the motion generally seeks a stay to secure additional time to prepare their case, address new legal developments, or await the outcome of related litigation or administrative proceedings. A stay can be granted for various reasons, including preventing irreparable harm, preserving the status quo, or avoiding unnecessary or duplicative litigation. The decision to grant or deny a motion to stay is at the discretion of the court, which will weigh factors such as potential harm to the parties, the public interest, and the overall interests of justice. If granted, the stay will remain in effect for a specified period or until certain conditions are met.
“We will affirm the superior court's exercise of discretion unless it is "manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons." (See Quigley v. City Court of Tucson (1982) 132 Ariz. 35…)
A court has the power to stay execution of a judgment where the judgment debtor has another action pending on a disputed claim against the judgment creditor. (Erlich v. Super. Ct. (1965) 63 Cal.2d 551 [47 Cal.Rptr. 473, 407 P.2d 649].) “The rationale for this rule is based on equitable principles…”
A stay order suspends all proceedings in the action to which it applies. (Rules of Court, Rule 3.515(h).) “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.)
“The scope of discovery under the Colorado Rules of Civil Procedure is very broad.” (See In re Silva v. Basin Western, Inc. (2002) 47 P.3d 1184…)
Connecticut Practice Book § 13-5 provides, in pertinent part: “Upon motion by a party from whom discovery is sought, and for good cause shown, the judicial authority may make any order which justice requires to protect a party from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery not be had…”
“Pursuant to Rule 26(c), the Court of Chancery may, in its discretion, grant a stay of discovery to protect a party from undue burden and expense.” (See Travelcenters of America LLC v. BROG, Civil Action No. 3751-CC, at *2 (Del. Ch. Nov. 21, 2008).)
Florida Appellate Courts have recognized that a trial court has broad discretion to grant or deny an application to stay a case, pending disposition of a previously filed, similar federal case. (See Ricigliano v. Peat, Marwick, Main Co. (1991) 585 So.2d 387…)
“The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants. How this can best be done calls for the exercise of judgment, which must weigh competing interests and maintain an even balance.” (Austin v. Nagareddy (2018) 811 S.E.2d 68…)
“The power to stay the execution on a judgment rests within the discretion of the trial court.” (See I.R.C.P. 62(a); Haley v. Clinton (1993) 123 Idaho 707 …)
“The parties must facilitate discovery between themselves and attempt to resolve disputes without intervention from the trial court if possible.” (Ibrahim v. Reprod. Genetic Inst., 2013 Ill. App. 120113, 24-25 [Ill. App. Ct. 2013].)
“Trial Rule 62(B) provides in pertinent part, in its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the filing and disposition of . . . (5) an appeal." (See Hilliard v. Jacobs (2010) 927 N.E.2d 393…)
A motion to stay discovery is properly brought under Rule 26(c) of the Mass. R. Civ. Procedure Protective Orders provision. (See e.g., E.A. Miller, Inc. v. South Shore Bank, 405 Mass. 95, 99-100 (Mass. 1989)…)
“A district court has the discretionary authority to stay a civil proceeding pending the outcome of a parallel criminal case when the interests of justice so require.” (See Bridgeport Harbour Place I, LLC v. Ganim (2002) 269 F. Supp. 2d 6, 8.)
A statutory stay of execution fills the place of the writ of supersedeas under an older system of practice, though it is of much broader scope because of the administration of law and equity in Missouri in the same court.” (See The Daniel Henry Co. v. Metal Rubber Co. (1938) 234 Mo. App. 792…)
“Rule 62 of the North Carolina Rules of Civil Procedure states, [i]n its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60 ...." (See Bossian v. Bossian (2022) 875 S.E.2d 570…)
“Rule 26(c)(1) of the North Dakota Rules of Civil Procedure authorizes the trial court to stay discovery pending a dispositive motion.” (See Kouba v. State (2004) 687 N.W.2d 466…)
“A motion for a stay in a civil action . . . prior to the date of the oral argument in the appellate court or of submission to the appellate court for consideration without argument shall be made first to the court which entered the judgment or order.” (See Begum v. Hewitt, No. A-4295-19, at *11 (App. Div. May 14, 2021).) “Thereafter the motion shall be made to…”
“Generally, discovery issues ‘are within the district court's sound discretion, and [this court] will not disturb a district court's ruling regarding discovery unless the court has clearly abused its discretion.’” (Drake v. Nelsen, No. 66601, at *5 [Nev. App. May 6, 2016] quoting Las Vegas Sands Corp. v. Eighth Judicial Dist. Court of State (2014) 331 P.3d 905…)
“[T]he court in which an action is pending may grant a stay of proceedings in a proper case, upon such terms as may be just.” (Civ. Prac. Law & Rules, § 2201.)
A court may, on its own initiative or on motion, stay the enforcement of a judgment. (Civ. Prac. Law & Rules, § 5240.) The purpose of this “broad discretionary power” is to permit the trial court to “prevent unreasonable annoyance, expense, embarrassment…”
In the discovery context, courts have held that, “it is appropriate to stay discovery until [an] underlying action is determined. The purpose of this is to avoid subjecting parties to the burden and expense of discovery.” (Watley v. Wilkinson, Franklin App. No. 03AP-1039, 2004-Ohio-5062, at ¶ 18 citing…)
“The decision to stay an action pending resolution of another suit is also a matter to be decided in the exercise of the Trial Court's sound discretion.” (See Madill Bank and Trust Co. v. Herrmann, (1987) 738 P.2d 567…)
“As a general rule, the granting or denial of a motion to stay a judicial proceeding lies within the sound discretion of the trial court.” (See North Pacific Ins. Co. v. Wilson's Distributing (1996) 138 Or. App. 166…)
“‘As a general rule, [an Appellate] Court will not provide interim supervision of discovery proceedings conducted in connection with litigation pending in the several trial courts. In the absence of unusual circumstances, we will not review discovery or sanction orders prior to a final judgment in the main action.’” (Spivack v. Berks Ridge Corp. Inc. (1990) 402 Pa. Super. 73, 80 quoting McManus v. Chubb Group of Insurance Companies (1985) 342 Pa. Super. 405…)
“R. Civ. P. Rule 37 provides that aggrieved parties, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery. The motion must include certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make the discovery.” (See Rule 37(a)(2); Triton Realty v. Essex Mutual Ins. Co., PC No. 03-2061, at *1 (R.I. Super. Mar. 23, 2006).)
“Both the Federal and Texas Arbitration Acts require courts to stay litigation of issues that are subject to arbitration.” (In re Merrill Lynch Tr. Co. FSB (2007) 235 S.W.3d 185, 195 citing…)
Tex. Civ. Prac. & Rem. Code § 52.001 requires the court, in to fix an amount that the of security required to suspend or stay a judgment. (Id.) When “a judgment is for money, the amount of security must equal the sum of: (1) the amount of compensatory damages awarded in the judgment…”
Under Tex. R. App. P. 52.10 a party may file a motion to stay any underlying proceedings or for any other temporary relief pending the court's action on the petition.
“A stay in this context is a suspension of proceedings until a specified event occurs in another case. It is in the nature of a continuance." (See Vt. Fed'n of Sportsmen's Clubs v. Birmingham (2020) 229 A.3d 704…)
“In considering a stay request, federal courts begin by considering the extent to which a defendant's Fifth Amendment rights are implicated.” (See King v. Olympic Pipe Line (2000) 104 Wn. App. 338…)
“The general rule is that either the trial court or the appellate court has the inherent power, independent of statute, to grant a stay.” (See Brown Deer v. Milwaukee (1959) 8 Wis. 2d 631…)
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