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 legal document filed to temporarily stop an action from continuing until a related issue is decided. In New Mexico, an interlocutory appeal is an appeal from a decision made by a lower court that is not a final decree. A motion to stay proceedings requests the court to hold off on the decision until the related appeal is decided. The motion to stay proceedings must be filed with the court and supported by a verified written argument. It must include the facts and circumstances that led to the appeal, the date of the lower court’s decision, and the date the appeal was filed. The motion must also contain a statement of harm the party will face if the stay is not granted. The opposing party has the chance to respond to the motion with their own argument. Once the motion to stay is filed, the court will rule on whether to grant or deny it. If a stay is granted, the court will suspend the proceedings until the appeal has been heard and a decision has been made. This is beneficial for the appealing party because it allows them to appeal without having to go through the entire process of litigation. The other party is protected because it prevents the appealing party from using litigation delays for their own benefit.

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