Pleadings and Motions
Procedural Motions
Stays may be sought pending appeal, arbitration, a related proceeding, bankruptcy, or a parallel criminal case. Courts weigh judicial economy, prejudice to the non-moving party, and the likelihood the other matter will resolve issues.
The bankruptcy automatic stay operates without motion.
Alternative Names:
Stay Motion, Motion for Stay of Proceedings
Why it Matters?
Parallel criminal proceedings present the strongest case for a stay, since a defendant facing both may be forced to choose between asserting the Fifth Amendment and defending the civil case. Courts weigh that burden seriously. Stays pending arbitration are frequently mandatory rather than discretionary where the claims fall within the agreement, which is a different analysis than the discretionary factors.
Frequently Confused with
Related terms
Frequently asked questions
What is the strongest ground for a stay?
Are arbitration stays discretionary?
