What is a Stay of Execution?

What is a stay? Staying refers to a stay of execution that has been granted by a court order. Stay pending refers to a status in which an action, such as a lawsuit, is pending before a court. A plaintiff is not usually granted a stay unless they have been awarded a temporary restraining order (TRO).

In most cases, if a judge finds that a plaintiff is not likely to win the case, he may issue an ex parte order, which is simply a temporary stay. Temporary restraining orders are sometimes issued without a trial date, and the effect of the order is the same as a TRO. Temporary restraining orders are generally considered effective only when a lawsuit has been filed. If no lawsuit has yet been filed, the plaintiff would need to apply for a stay with the clerk of court. Some jurisdictions also allow a stay to be granted even if the case has been set for trial.

A stay is used mainly so that a plaintiff can continue their day-to-day activities while the case is being processed, such as depositions, conference calls, etc. The stay will remain in effect only until the conclusion of the case. It will not affect the final verdict. If a plaintiff wants their case to be completed without having to worry about a stay, they may submit a plea to the court for an automatic stay.