What is a motion to stay proceedings pending resolution of an interlocutory appeal in civil litigation?
A motion to stay proceedings pending resolution of an interlocutory appeal in civil litigation is a request that a court temporarily delay proceedings in a case until an appeal of an intermediate court order can be decided. This intermediate court order is known as an interlocutory order. If the court grants the motion, the proceedings in the case will be temporarily suspended until the resolution of the appeal. In Hawaii, a motion to stay proceedings pending resolution of an interlocutory appeal in civil litigation is typically made either in the trial court or in the appellate court. In the trial court, a party can file a motion asking the court to stay proceedings until an appeal of a particular interlocutory order can be decided. In the appellate court, a party can file a motion asking the court to stay proceedings in the trial court until the appeal has been decided. In both instances, the court will typically consider the likelihood of success of the appeal, the risk of prejudice to the non-appealing party, and whether the parties and the court will be inconvenienced by the stay. If the court decides to grant the motion to stay proceedings, the proceedings will be suspended until the resolution of the appeal.
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