stay

1. stay, verb

To stop, arrest, or forbear. To "stay" an order or decree means to hold it in abeyance, or refrain from enforcing it

2. stay, noun

A stopping; the act of arresting a judicial proceeding by the order of a court. Also that which holds, restrains, or supports. A stay is a suspension of the case or some designated proceedings within it. It is a kind of injunction with which a court freezes its proceedings at a particular point. It can be used to stop the prosecution of the action altogether, or to hold up only some phase of it, such as an execution about to be levied on a judgment.

Automatic stay in bankruptcy.

See automatic stay

@ stay laws

Acts of the legislature prescribing a stay of execution in certain cases, or a stay of foreclosure of mortgages, or closing the courts for a limited period, or providing that suits shall not be instituted until a certain time after the cause of action arose, or otherwise suspending legal remedies; designed for the relief of debtors, in times of general distress or financial trouble

@ stay of execution

The stopping or arresting of execution on a judgment, that is, of the judgment-creditor's right to issue execution, for a limited period. This is given by statute in many jurisdictions, as a privilege to the debtor, usually on his furnishing bail for the debt, costs, and interest. Or it may take place by agreement of the parties.

See e.g. Fed.R.Civil P. 62.

Term may also refer to the stopping of the execution of capital punishment, commonly to permit further appeals by defendant.

See e.g. Fed.R.Crim.P. 38(a)

@ stay of proceedings

The temporary suspension of the regular order of proceedings in a cause, by direction or order of the court, usually to await the action of one of the parties in regard to some omitted step or some act which the court has required him to perform as incidental to the suit; as where a nonresident plaintiff has been ruled to give security for costs. It is similar to an injunction with which a court freezes its proceedings at a particular point. It can be used to stop the prosecution of the action altogether, or to hold up only some phase of it, such as an execution about to be levied on a judgment.

See also automatic stay.

A "stay" does not reverse, annul, undo or suspend what already had been done or what is not specifically stayed nor pass on the merits of orders of the trial court, but merely suspends the time required for performance of the particular mandates stayed, to preserve a status quo pending appeal. Reed v. Rhodes, D.C.Ohio, 472 F.Supp. 603, 605.

See Fed.R.Civil P. 62,

@ stay of proceedings to enforce judgment

See also injunction

- restraining order

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