Stay Home Action

A legal restraint, often called a stay, is a judicial order that prohibits the enforcement of a judicial decision or order. A judge, through the rules of law, may issue a temporary stay that forbids the party from subjecting the person to an action. This is referred to as a writ of prohibition or quo warranto. A quo warranto typically refers to a request that the courts hold a trial to determine the validity of a complaint, whether there is probable cause to support the action, or whether the plaintiff has suffered any injury that would prevent him/her from recovering the damages claimed. The writ of quo warranto typically includes a statement of the facts pertinent to the complaint, along with oral and written notice of the date, time, and place of the initial conference, all other notices of parties required by the law, and any motions made during the course of the case.

In an action based on fraud, a stay may be issued nationwide or to any county, district, or state until the plaintiff can prove that the defendant is under the statutes or the laws of the state. An effective April 13, 2021, ruling by the Michigan Supreme Court allows for the stay of a state court order that requires a bank to foreclosure a home to a claimant based on a fraudulent mortgage application. The court found that a stay is appropriate because the foreclosure process is supervised by the state, and that a bank is not under compulsion to foreclose on a property under federal law.

There is no statutory limitation on the basis of a stay, and it is entirely up to the courts, not the parties, to impose a stay. The stay will remain in effect while the case is being processed, and during the period immediately following the issuance of the final order of the court. If you have been served with a complaint or notice of service and wish to know if you have a stay, you should ask the court clerk immediately. The clerk will be able to tell you whether a stay has been requested or if the case has been dismissed.