Discovery
Scope and Framework
A discovery stay pauses discovery obligations, commonly pending a motion to dismiss, a jurisdictional challenge, or an appeal. Courts weigh the motion's likely success, the breadth of discovery sought, and the burden of proceeding.
Stays are not automatic in most civil cases.
Alternative Names:
Stay of Discovery, Discovery Hold
Why it Matters?
The absence of an automatic stay means a defendant with a strong dismissal motion may fund substantial discovery on claims that will not survive, which is the argument for seeking one. Courts are more receptive where the motion is jurisdictional or immunity-based than where it challenges pleading sufficiency. The Private Securities Litigation Reform Act provides an automatic stay in securities cases, which has no general analog.
Frequently Confused with
Related terms
Frequently asked questions
Is discovery automatically stayed by a dismissal motion?
When are courts most receptive?
