Under the Indian legal system, a stay order is the act of temporarily stopping or suspending a judicial procedure by court order. When it is essential to protect the interests of the opposing party, a judge may grant a stay on the acts of one party in a lawsuit. The stay prevents the parties from taking further action in the case until the issue is resolved.
The judge will usually set a date certain when the stay will expire - this is called a "expiration date". If the matter isn't resolved by then, the case will be reinstated and continue from where it was left off. Stays are often issued by default when one party fails to appear at a hearing or trial. In these cases, there is no formal announcement of intent from either party, so the judge can only assume that the case should be stayed until it can be resolved.
In some situations, such as when a plaintiff files for bankruptcy protection, a stay goes into effect immediately, even before the defendant has been served with process. The court can also sua sponte issue a stay if it feels like it needs more time to resolve the case. For example, if evidence comes to light after the start of proceedings that would affect the validity of one of the parties' claims, the judge could issue a stay so that those issues can be resolved first.
Stay orders are very common in civil lawsuits involving claims of copyright infringement.
Stay: the act of temporarily halting a legal procedure by court order. A stay is a suspension of a case or of a specific proceeding within a lawsuit. A judge may grant a stay on the motion of a party to the case or issue a stay on his or her own initiative, without the request of a party. Stays are often used by courts to give parties time to work out their issues; if they do not, then the case will be reinstated back to its original status before the stay was issued.
Vacate: to cause to disappear from consciousness or awareness; to make empty or void. A judgment is vacated when it is set aside by a court order or by operation of law. A voluntary dismissal by a plaintiff desists any further action and releases the defendant from liability; however, if the trial court's approval is obtained, the plaintiff can re-file the suit against the same defendant within one year of the date of the order dismissing the case. An involuntary dismissal at the end of plaintiff's case or during trial prevents him or her from presenting evidence in support of his or her claim. In both cases, the court should notify the parties of its decision in writing or on the record in open court.
Vacation: a temporary leave of absence, usually for health reasons. Employees have a right to take vacation days without losing pay. Employers cannot fire employees for taking vacation time.
The act of temporarily halting a legal procedure by court order. Stays can be either temporary or permanent. A temporary stay is usually granted for a limited time period, such as during appeal proceedings. A permanent stay is placed in place once a decision has been made by a higher court.
Immediate stays are those that are put in place immediately upon their issuance by a court. Other types of stays include temporary stays and preliminary injunctions. A temporary stay is one that will expire after a certain date; it allows the parties involved in the case to seek a new ruling from the court before it becomes final. A preliminary injunction is a stay that is placed in place while another case is pending between the same parties in order to prevent them from harming each other during the pendency of these cases.
The effect of an immediate stay is that all proceedings are halted while the trial court decides whether to continue the stay or not. If the judge decides to lift the stay, then the case can continue from where it was stopped. Otherwise, the party who got the stay issued would not be able to proceed with the case further.
Immediate stays are very useful for both plaintiffs and defendants.