A court order to stay or prevent a pending case from continuing is referred to as a stay. A court can later temporarily lift the stay and proceed with the case. Some stays are temporary, while others are at the discretion of the court. Usually, however, the stay of an application usually remains in the court assigned to the case below.
There are some situations where the stay may be lifted. These situations include emergencies involving emergency conditions that occur before the stay is issued. Also, if there has been a motion to dismiss issued by the opposing party, then the stay will be lifted. Likewise, if a stay is requested by the party involved in the case and it is not granted, then the stay will be lifted. There are other situations where the stay may be lifted by the court after the execution of the court order.
There are a number of reasons why a court may issue a stay. In most instances, these reasons are to protect the interests of the parties involved in the matter. For example, a stay is often granted in cases involving minor children, medical malpractice, or criminal litigation. The issuance of a stay is not intended to prejudice the interests of either party in any way and is only used as a safeguard during the pending litigation.