Stay of proceedings
Encyclopedia
A stay of proceedings is a ruling by the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

 in civil
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

 and criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...

, halting further legal process in a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...

. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.

United Kingdom

In United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 civil procedure a stay of proceedings is governed by the Civil Procedure Rules. In criminal trials, it is governed by the Prosecution of Offences Act 1985.

A court in the United Kingdom may issue a stay in a winding-up upon the creation of an application for rescission
Rescission
In contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract .-In court:Rescission is an...

, an order is made against a false or mistaken institution, the petition debt is paid in full, the pertaining institution ceases to exist, or if a winding-up order already exists.

In bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....

, a case can be stayed if a certification for annulment
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...

 exists or an IVA
Iva
Iva can mean:* Iva, the name of a tree which grows on mountains, and means strong .* Iva, South Carolina, a town in the United States* Iva, Samoa, a village* Iva , a 1993 film by Izu Ojukwu...

 is being negotiated.

United States

According to United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...

, a stay of proceedings can be issued in a case "brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration" when the ruling on the case is pending, can be stayed "until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration."

See also

  • Continuance
    Continuance
    In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules...

  • Preliminary injunction
    Preliminary injunction
    A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...

  • Subpoena ad testificandum
    Subpoena ad testificandum
    A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the Ecclesiastical Courts of the High Middle Ages, especially in England...

  • Subpoena duces tecum
    Subpoena duces tecum
    A subpoena duces tecum is a court summons ordering a named party to appear before the court and produce documents or other tangible evidence for use at a hearing or trial....

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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