Sunday, December 4, 2011

What is an immediate stay as a response to a court order?

Please explain what it means to file an immediate stay as a response to a court order. Thank you.|||A STAY is at least a temporary stop. Like if someone is going to be executed at midnight..... and one minute to midnight the prison hears that there is a STAY OF EXECUTION...... the person does not get executed at that time.... but may be executed another day.|||A stay prevents the order from going into effect. So if a party files a motion for an immediate stay, he is asking the court to agree that the order will not go into effect for either a certain period of time OR until the order is reviewed on appeal.





A stay is also automatic in certain cases as provided for in state law or state rules of procedure. For example, in Florida, when the state appeals certain orders of a trial court, a stay is automatic.

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