Stay

Stay in the United States

A formal stopping of a judicial proceeding or some other process. A stay is put into effect by an order from a court. The stay holds the status quo until some specified action occurs. Stays differ from recesses and continuances, which are simply short or long-term adjournments of proceedings. A recess is like an intermission, and proceedings resume at a specified time. Resumption of proceedings stopped by a stay is typically contingent on the completion of some other action.

See Also

Injunction (Criminal Process).

Analysis and Relevance

A stay resembles an injunction in that it may suspend particular actions. The stay permits consideration of some issue that might not be otherwise possible. Stays are often obtained in capital punishment cases to delay executions long enough to permit additional appeals. If an appeal is unsuccessful, the stay is dissolved and the punishment is implemented. When a court issues a stay, it makes no ruling on the merits of, for example, an additional appeals issue. Stays may also be obtained to delay the execution of orders in various civil actions.

Notes and References

  1. Definition of Stay from the American Law Dictionary, 1991, California

Stay Definition

The arresting of a judicial proceeding or process.

Stay in Foreign Legal Encyclopedias

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Stay Stay in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Stay Stay in the Constitutional Law Portal of the American Encyclopedia of Law.
Stay Stay in the Tax Law Portal of the American Encyclopedia of Law.
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Stay Stay in the Employment and Labor Portal of the American Encyclopedia of Law.
Stay Stay in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Stay Stay in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

The arresting of a judicial proceeding or process.

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Notice

This definition of Stay Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

The legal procedure of stopping a judicial proceeding by the order of a court. The proceeding may be stopped under the authority of the various stay laws that have been enacted by legislation. These stay laws are applicable in legal proceedings in both civil and criminal cases if the situation covered by the legislation exists. For example, in a criminal case, when a woman is capitally convicted and she is proven to be with child, there will be a stay of execution until after her delivery. In a civil case concerning legal remedies against debtors, a moratorium may grant a term of suspension of certain of these legal remedies during times of financial distress.

(Revised by Ann De Vries)

What is Stay?

For a meaning of it, read Stay in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Stay.

Stay in Immigration Law

In this area of law, Stay means: An order by an Immigration Judge, or a rule of law, that stops the Department of Homeland Security from removing an alien.

Meaning of Stay

In plain or simple terms, Stay means: Stopping a judicial proceeding by order of a court.

Resources

See Also

  • Legal Topics.
  • Capital Punishment.

    Further Reading (Articles)

    Way to stay! Produce a dependable “stay” in your dog, no matter what the distraction.(TRAINING), Whole Dog Journal; March 1, 2006; Richmond, Mardi

    Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility Than Believed, but Stay Violations Still Have Teeth, Florida Bar Journal; December 1, 2012; Easley, Dorothy F.

    Appellate stays and bonds.(Florida), Florida Bar Journal; May 1, 2001; Elligett, Raymond T., Jr. Scheb, John M.

    Stay Well™ at MGM Grand Continues to Lead Hotel Wellness Trend in Las Vegas with Significant Expansion of Delos[R]-Designed Wellness Hotel Rooms, Life Science Weekly; October 1, 2013

    Extended-Stay Hotels, The Washington Post; July 23, 1989; James T. Yenckel

    Extended stay hotels service mobile society, Vermont Business Magazine; October 1, 2000; Hedbor, Eloise Roberts

    Stay-at-Home Dads: Uncommon and Exceptional – Findings from the 2013 DDB Life Style Study[R], Pediatrics Week; July 6, 2013

    Stay-at-Home Moms Report More Depression, Sadness, Anger; But low-income stay-at-home moms struggle the most.(Survey), Gallup Poll News Service; May 18, 2012; Mendes, Elizabeth Saad, Lydia McGeeney, Kyley

    Extended-Stay: A World Of Possibilities., Hotels; November 1, 2000; Hensdill, Cherie

    Extended Stay America Inc. Eyes Ontario, Calif., Airport Hotel Market.(Originated from The Business Press, Ontario, Calif.), Knight Ridder/Tribune Business News; July 23, 1996; Messinger, Rob

    Extended-stay properties emerge as new superstars of lodging sector., Knight Ridder/Tribune Business News; November 14, 2004

    Extended Stay Hotels buy 16 properties in 9 states., Herald-Journal (Spartanburg, SC); May 12, 2005

    Stay before Things Take Off?, Mondaq Business Briefing; February 10, 2014

    The Stay of Judgments and Proceedings in Florida State Courts, Florida Bar Journal; January 1, 2012; Russo, Anthony J.

    STAY-AT-HOME MOMS ARE MORE LIKELY YOUNGER, HISPANIC AND FOREIGN-BORN THAN OTHER MOTHERS., States News Service; October 1, 2009

    Extended Stay sells for $8 billion., Herald-Journal (Spartanburg, SC); April 19, 2007

    Burgeoning exte
    nded stay continues to out perform.(Global update: research)(Candlewood Suites)(Intercontinental Hotels Group), Hotels; May 1, 2004; Strauss, Karyn

    Extended-stay’s lower tier stays in high-performing mode.(Trends & Stats), Hotel & Motel Management; September 20, 2004; Lomanno, Mark V.

    STAY AWHILE… | SURGING EXTENDED-STAY HOTEL MARKET A SUITE DEAL FOR BUSINESS TRAVELERS LOOKING TO LIVE ON THE CHEAP WHILE ON ASSIGNMENT, The Beacon News – Aurora (IL); June 7, 1998

    STAY FOR A WHILE… HOTELS WITH COMFORTS OF HOME FIT RIGHT INTO CORPORATE LIFE, Sun Publications (IL); May 21, 1998


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