A stay of proceedings is a ruling by the court in civil and

criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...

that halts further legal process in a trial or other legal proceeding.Hall Ellis Solicitors, dictionary entry
/ref> The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings indefinitely.

United Kingdom

In civil procedure, stays of proceedings are governed by the Civil Procedure Rules. In criminal trials, they are governed by the Prosecution of Offences Act 1985.
ss 22(4), 22A, 22B

Scope of power to order

Court have the power to stay: * the whole or part of any part of litigation before it * litigation permanently or temporarily * the proceedings pending some contingent event, such as conclusion of an appeal or a period allowed for mediation.

Inherent power

UK courts also maintain an inherent jurisdiction to manage legal proceedings before them,China Export & Credit Insurance Corporation v Emerald Energy Resources Ltd [2018] EWHC 1503 (Comm) (22 June 2018), para 61
/ref> but it is rarely exercised. Stays of proceedings are usually made under case management powers,CPR 3.1(2)(f)
/ref> and may be ordered upon the application by one of the parties or by the court's own motion (the latter being infrequent). A court may issue a stay in a winding-up upon the creation of an application for rescission (contract law), rescission, an order being made against a false or mistaken institution, the petition debt being paid in full, the pertaining institution ceasing to exist, or the prior existence of a winding-up order.Stay of Proceedings
". Insolvency.gov.uk In bankruptcy, a case can be stayed if a certification for annulment exists or an

individual voluntary arrangement An individual voluntary arrangement (IVA) is a formal alternative in England and Wales for individuals wishing to avoid bankruptcy in England and Wales, bankruptcy. In Scotland, the equivalent statutory debt solution is known as a protected tr ...

is being negotiated. When the parties agree to terms of settlement while litigation is on foot, they may file a Tomlin order to stay the proceedings. Once approved by the court, the proceedings are permanently stayed pending an application by one of the parties to enforce the terms of the settlement agreement.

Lifting of stays

When a stay of proceedings is lifted, the proceedings continue. Allowances are made for interference of the stay with any case management directions (which specify dates which the parties must take steps in the action), so that parties are not time prejudiced by the making or interference caused by the stay.

Examples of stays

In ''R v. Crawley and others'' 014EWCA Crim 1028 a stay was given. As part of the Conservative government's fiscal austerity policy, the Ministry of Justice decided to cut the fees paid to barristers for Very High Cost Cases (VHCC) by 30% in November 2013. Due to the amount of papers involved this case was classed as a VHCC by the Legal Aid Authority (LAA) who pay the defendant's costs, as free representation ( legal aid, is required under the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...

). Barristers in protest of the cuts refused the instructions to act on behalf of the defendants at the reduced fees and so no suitably qualified barristers could be found to represent the defendants. As the defendants would not be able to have a fair trial without suitable representation, which is in breach of their right to a fair trial under Article 6 of the European Convention on Human Rights, the case could not proceed and was stayed. An adjournment was found to be unlikely to resolve the case and excessive delay would contradict a further requirement of the ECHR (Article 6(1)), which requires the timely handling of the prosecution.

Stays of execution

Stays of execution have a similar effect in respect of execution of judgments. No step may be taken to enforce a judgment while a stay of execution remains in force.

United States

According to the legal code, a stay of proceedings can be issued in a case "brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration" when the ruling on the case is pending, can be stayed "until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration".Cornell Law- Title 9, Chapter 1,3
/ref> "The standard for stay determinations ostensibly includes four factors: (1) the likelihood of success on appeal; (2) the likelihood of irreparable harm pending appeal; (3) the balance of the hardships; and (4) the public interest." For example, in the 2010s, as federal and state judges struck down

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

bans across the country, many judges stayed the rulings during the appeals process. Although a state's ban was struck down, such as that of

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

, the stay prevented implementation of their ruling pending a higher court decision and so prevented same-sex couples from obtaining a marriage license.

References

{{DEFAULTSORT:Stay Of Proceedings Civil procedure Criminal procedure