What is a stay in civil law?
A stay is a legal order that puts a pause on an action in civil law. In Hawaii, a stay is usually issued by a judge or court to temporarily suspend a lawsuit, enforcement of a judgment, or other legal proceedings. A stay can be granted in a variety of circumstances depending on the specifics of the case. For example, a stay can be used in a civil lawsuit to give a defendant time to file a response to the court or to prevent a plaintiff from executing a judgment until an appeal can be heard. Another example would be delaying the foreclosure of a property so that the individuals involved have time to consider their options. A stay can be permanent, meaning an action is indefinitely suspended, or temporary, meaning the order will expire after a set period of time. In addition, a court may choose to lift the stay if the parties involved do not abide by the requirements of the stay. If the stay is lifted, the action will continue as usual. In Hawaii, stays are not common, but they can be filed with a court if a case warrants it. While considering a stay, a court will usually consider the potential harm that would result if the stay is granted or is not granted.
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