What is a motion to stay proceedings pending appeal in civil litigation?

A motion to stay proceedings pending appeal in civil litigation is a request made to the court to pause any further proceedings in a civil case before a ruling or judgment has been made. This would allow the parties involved to file an appeal before the case is decided in the court of law. In North Dakota, this motion for a stay of proceedings must be filed before a ruling is made in order to be considered. Further, the party must demonstrate that appeal should be considered, as well as the potential harm that may be caused without a stay of proceedings. In most cases, the decision to grant a motion for a stay of proceedings will be done on a case-by-case basis. The court will look at the factors including the potential harm that could be caused by not granting the motion. If the court finds that the motion should be granted, the proceedings of the case will be paused until the appeal is filed and heard. The stay of proceedings can be for a specific length of time, or until the appeal is heard. If the party making the motion is unable to show specific reasons for why the motion should be granted, the court may reject the motion and continue with the proceedings of the case.

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