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A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
A petition for stay is a legal action filed in an appeals court asking the court to stop (stay) ... 871 See also. Stay of proceedings; References This ...
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
There is a major split in the United States courts of appeals as to whether a stay of proceedings should issue in the district court while interlocutory appeals on the arbitrability of disputes are decided. [9] An interlocutory appeal under the collateral order doctrine usually merits a stay of proceedings while the appeal is being decided.
Arizona Rules of Civil Appellate Procedure, Rule 7, provides that "except in cases involving custody of children", an appellant may obtain a stay on a lower court judgment and all other further proceedings by filing a supersedeas bond in the Superior Court. [6] In California, for instance, the supersedeas bond amount must be 150% of the ...
In the 1981 California case of Martinez v. Superior Court [31] the court used the "reasonable likelihood of prejudice standard" to grant a mandamus petition and order a change of venue in a murder prosecution. The court emphasized extensive publicity over the course of a year prior to the trial, the small size of the county where the trial was ...
Bail is required to ensure the defendant will come back to court if they are released. When there is either a public safety risk (e.g. accusations of violent crime) or a risk that the defendant won't show up to court (e.g. the defendant has a history of not showing up to court), the judge will deny bail and require the defendant to stay in custody.
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [1] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.