what does a lawyer mean by a stay

Stay Law and Legal Definition In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. A stay of execution prevent someone from having the death penalty carried out for a specified period of time.

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What does stay mean in law?

In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted.

What does a stay of proceedings mean in court?

A stay of proceedings may stop a particular process in a court case or it may stop the case altogether. Proceedings may be interrupted in this manner in either a criminal procedure or a civil procedure. The verdict may be announced in a civil trial, for example, but the court may stay the award hearing.

What does a stay mean in a bankruptcy case?

For example, a stay in a bankruptcy case means that creditors cannot attempt to collect debts from the person who filed for bankruptcy. Holiday bookings jump after England travel rules change.

What does it mean when a lawyer is retained?

When a lawyer is "retained," that means that someone has hired her, and the money paid to the attorney is known as the retainer. The agreement signed when someone hires an attorney is called the retainer agreement.

What is a stay of proceedings?

Proceedings, in the legal sense, generally refer to the process of settling a case in court. When this process is stopped, either permanently or temporarily, it may be referred to as a stay of proceedings. Although one of the parties to a case may request a stay, only a judge can order it.

What happens when a criminal case is stayed?

When this happens, the stay often becomes permanent. If this is done in a criminal case before the verdict is pronounced, the accused remains innocent, no matter how far the trial has progressed, because his guilt has not been proven.

Why do courts order a stay of proceedings?

There are numerous reasons why a court may order a stay of proceedings. In some instances it is done because some requirement has not been met. Plaintiff misconduct can provide the court with a reason to determine it best to stop a case at a certain point. It is also possible that a state court received the order to halt ...

Can a plaintiff file a motion for a stay?

This cannot be done by the plaintiff, defendant or the legal counsel of either party. One of the parties to a case may be able to file a motion for a stay. This is a document that will be presented to a judge asking for this action to be taken. Usually, it must contain the reason that this action is being requested and the length ...

Can a judge order a stay of a case?

Although one of the parties to a case may request a stay, only a judge can order it. Furthermore, a judge can make the order without a request from either of the parties. Such an injunction may be ordered in state, federal, and international courts, such as the International Criminal Court (ICC). A stay of proceedings may stop a particular process ...

What is a motion to stay?

In law, a motion to stay is a request to temporarily stop a case or halt proceedings. A motion to stay capital execution may be used in controversial death penalty cases to allow a condemned prisoner more time to appeal the judgment.

Why do civil cases stay?

A stay may be used in civil cases to allow the paying party time to raise or file an appeal. In most cases, monetary judgments are automatically stayed for a set period of days or weeks to allow for financial organization.

Why do people stay on execution?

Motions to stay capital execution are typically used in controversial death penalty cases in order to allow an condemned prisoner extra time to appeal the judgment. A stay of execution prevents the judgment of a trial from being carried out.

Why do people stay on death penalty?

A motion to stay capital execution may be used in controversial death penalty cases to allow a condemned prisoner more time to appeal the judgment. A motion to stay may be imposed if a participant in a case has not complied with a court order.

Can a judge order a stay of a case?

Sometimes, if an action outside the case may affect the participants, a judge may order a stay until the outside situation resolves. For instance, a judge could grant a motion to stay a case until the results of DNA testing are completed or reviewed by an expert.

Can a judge refuse a motion to stay?

Stays are typically granted or refused by the judge in charge of a legal case, or the governing legislative body. Although most motions to stay are requested by an attorney, a judge can choose to stay a case without a request in some circumstances. In law, a motion to stay is a request to temporarily stop a case or halt proceedings.

What is a stay of imposition?

A stay of imposition occurs when the judge sentences the defendant, but it is not imposed provided certain conditions are met. These conditions can include any typical conditions in a sentence (e.g. jail time... 0 found this answer helpful. found this helpful.

What are the three types of stays?

There are three general types of stays: Stay of Adjudication, Stay of Imposition, and Stay of Execution. A stay of adjudication occurs when the conviction is not reported, therefore there is no sentencing. A stay of imposition occurs when the judge sentences the defendant, but it is not imposed provided certain conditions are met.

What does it mean when a judge hangs over your head?

Ultimately, it means that the judge did not execute or impose the full sentence available. It will mean that jail time is typically hanging over her head to incentivize her to complete probation successfully in order to avoid serving any of those days.#N#More

What does "stay of proceedings" mean?

This simply means that the parties to the suit are prevented from taking further actions in relation to the subject matter pending the occurrence of an event or a determination of the suit. The stay order could be “stay of proceedings” which could be at the interlocutory stage or stay of Execution ( If a final decision).

What does "stay" mean in bankruptcy?

A stay order simply means that certain parties are not allowed to take certain actions while the order is in effect . For example, a stay in a bankruptcy case means that creditors cannot attempt to collect debts from the person who filed for bankruptcy. 23.7K views. ·.

What does it mean when a court grants a stay?

Courts will grant a stay in a case when it is necessary to secure the rights of a party. On the other hand staus quo order in law means that court has ordered that the present condition be maintained and no change etc. be done. If there will be any alteration or cha. Continue Reading.

How long can a civil case stay?

Under rule 62 of the Federal Rules of Civil Procedure, every civil judgment is stayed for ten days after it is rendered.

What does "stay order" mean?

Stay Order means that the operation of the Court’s Order is STAYED or standstill as if it the Order does not exist. So the execution of the Order will be stayed or standstill as it was before the Order.

How long does it take to get a stay of execution?

In respect of final judgment where execution is necessary, then in most common law jurisdictions an automatic 7 day stay of execution applies. Within that 7 day window you would need to file an appeal and then apply by way of motion to the trial court for a stay of execution pendin. Continue Reading.

When is a motion for stay necessary?

The motion for stay becomes necessary when a party to civil dispute wishes to preserve the things as it is. Somethings are considered as perishable in law, sometimes a immovable property could became subject of demolishation, sometimes it could be simple transfer of posting.

What does a bankruptcy stay?

Filing bankruptcy automatically stays (stops) most actions against the debtor or the debtor’s property. The stay is effective even if the creditor doesn’t yet know about it. The stay covers such things as foreclosures, lawsuits, or garnishments. 11 U.S. C. 362.

What happens when a relief from stay is granted?

When relief from stay is granted, it does not remove the property from the bankruptcy estate or grant the creditor ownership of the property. It simply removes the stay and restores the parties to their state law rights. Creditors can then enforce those rights to the extent that the relief from stay order permits.

How to get relief from stay?

To get relief from stay, you need a lawyer. The lawyer needs information about the claim against the debtor or the debtor’s property; information about the value of any collateral for the debt; and information about other liens or claims against the property.

What happens if a mortgage holder gets relief from stay?

Thus, if a mortgage holder gets relief from stay, it doesn’t grant the creditor ownership of the collateral, it just frees the creditor to exercise whatever remedies the creditor had outside of bankruptcy. To get relief from stay, you need a lawyer.

How long does it take for a stay motion to be heard?

Relief from stay motions are generally heard on short notice (10-20 days); the court may grant relief at the initial hearing or set an evidentiary hearing to make a final decision. In the typical individual bankruptcy case, the automatic stay is replaced by the discharge injunction at the end of the case. Image courtesy of Pixabay.

Who gets relief from stay to foreclose?

Most often, it is the secured creditor who wants relief from stay to foreclose on real estate or to repossess a car. Creditors can frequently get relief from the stay to foreclose on property in which the debtor has no equity or where the property is not insured.

Can a creditor get relief from an automatic stay?

Such relief is generally granted if the creditor agrees to limit the collection of his judgment to the insurance. Another common situation here a creditor might seek relief from the automatic stay is the multi-party case where the plaintiff does not want to try the case without the debtor being a party ...

Why do lawyers use retainers?

In return, the lawyer performs some legal services whenever the client needs them. Retainers are most useful for business that need constant legal work, but do not have enough money to hire a lawyer full time. Also, individuals who are likely to need a lot of legal work might want to have a lawyer on retainer.

What is a retainer agreement?

When a lawyer is "retained," that means that someone has hired her, and the money paid to the attorney is known as the retainer. The agreement signed when someone hires an attorney is called the retainer agreement.

Do I need to pay an attorney for an accident?

Most insurance policies, including auto and homeowner's insurance, will pay for an attorney should you be involved in an accident. If this is so, there is no need to pay an attorney as additional insurance against these lawsuits. Check your employee benefits. If you are an employee of a large company, or a member of a union, ...

Can I pay a lawyer on call?

If you are an employee of a large company, or a member of a union, a lawyer on call may be part of your benefits. These attorneys can handle most routine legal matters, such as wills and real estate transactions, as well as certain law suits. Paying another lawyer on retainer when you already have one through your employer usually does not make ...