Stay

A legal order called a stay is often necessary in a legal proceeding in which an individual’s rights are being challenged. A stay will prevent a party from continuing to pursue a claim while it is pending. A court order to stay is either granted by a judge or entered voluntarily by one of the parties. It is usually referred to as a “stay of execution,” “stay of execution” or “postpone.”

A legal decision by a court either to continue or terminate a case or pending proceedings permanently or temporarily. A court can later lift the stay and resume the proceedings. In many cases, a stay is automatic, however, some stays are under judicial discretion. Usually, a motion to stay is made on an appeal, in which case the stay of execution is given only until the appeal is concluded.

In most legal matters, a legal document is called “the writ of quo warranto.” The writ of quo warranto is used to describe a legal judgment or order. It is written in Latin, meaning, “by what authority this judgment is executed.” Other words that have been used to describe stays include quo warranto, “this order staying”, and quo warranto prose. Quo warranto is most commonly seen in judgments and writs of mandamus.

Navigation