Asked in Law & Legal IssuesCourt Procedure
Law & Legal Issues
How do you stay a court case?
May 23, 2010 9:16PM
A "stay" can only be issued by a judge. If a stay is desired by a participant in the case, their only option is to present a motion to the judge requesting it. The judge will consider and rule on your motion either granting it, or not.
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Asked in Law & Legal Issues, How To
How to Respond to an order of stay?
You did not include any details here, so I am flying seat of my pants. If you dont agree with the stay, file an objection to this stay. There are stays in civil court and in bankruptcies. But basically, if you dont agree with this, file an objection, state WHY you object and include different laws or case law to support your case. for example, in a bankruptcy case, it would be entitled" objection to lift of automatic stay", which most times, the bankruptcy places the stay automatically, and opposing attorneys want to life this stay. In civil court, they file to have a stay put in place. In that case, it would be "objection to stay of (fill in the blank)" Get the idea? Another View: In plain English a "stay" means STOP or CEASE. In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. You can appeal the order by filing a motion to re-consider, HOWEVER - until you file that motion and the matter is taken up for re-consideration, YOU MUST OBEY IT.
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What does a court case being struck out mean?
Struck out means that the case against you has been dismissed by the court. In other words the court feels that there is no case to answer,or the court after hearing the prosecution case feels that there is not sufficient evidence to try the accused, and the court finds that it's in the best interest that "the case be struck out."