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

A motion to stay proceedings pending appeal is a request made by a party during a civil litigation case in South Carolina that asks for a delay in proceedings due to the filing of an appeal. This type of motion is also sometimes referred to as a stay of execution or a stay of proceedings. In essence, this request allows the party who filed the appeal to “put the brakes” on the case and not have to go through the proceedings while their appeal is being reviewed by the court of appeals. This motion will typically ask the court to issue an order that halts all proceedings, meaning that the case will essentially be “on hold” until the appeal is finished. The reasoning behind the motion to stay proceedings pending appeal is to help ensure that any proceedings that may occur during the duration of the appeal will not be invalidated or become moot if the Appeals Court decides to overturn the original ruling. As such, staying the proceedings will allow the appeals court to make the correct ruling on the case without the proceedings getting in the way. For example, let’s say that a party files an appeal against a motion to dismiss that was granted by the court. In this case, the appealing party may file a motion to stay proceedings pending appeal in order to prevent the case from progressing and potentially being settled before the appeals court has the chance to review it.

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