stay of proceedings

A stay of proceedings is an order of a court made during the course of litigation to postpone or suspend the whole or any part the proceedings. A stay may be permanent or temporary, and may be made contingent on some future event, such as an appeal, payment of costs, conclusion of a period set aside for mediation or where it is otherwise desirable. For instance, it may be desirable for the court to impose a stay to encourage compliance with its orders.

While a stay is in force, the proceedings remain live, but no substantive action may take in the litigation, other than to lift the stay.

A court has a general power to stay any proceedings under s49(3) of the Supreme Court Act 1981.

Usage: The stay of proceedings was ordered on the hearing of the application notice filed by the defendant.

Related Words: security for costs; litigation; injunction; stay of execution.