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 procedure where a party in the lawsuit asks the court to stop or delay proceedings in a trial, before a ruling is made, while an appeal is taken on a decision made by the trial court. This type of motion is mainly used when the party involved believes that a decision made by the trial court was incorrect and needs to be resolved before continuing the trial. In North Carolina, a request for an interlocutory appeal can be made when a case involves a substantial issue that could possibly cause a huge impact on the case. The motion to stay proceedings is typically filed after the party has filed a written notice of appeal to the trial court saying that he or she intends to appeal the decision to a higher court. The court then has to determine whether or not to grant the motion to stay proceedings. In order to do so, the court looks at the potential harm the parties will face if the motion is granted or denied. If the motion is denied, the case will continue to move forward until a ruling has been made. If the motion is granted, the proceedings will be suspended until the appeal has been decided. Ultimately, it is up to the court to decide whether or not a motion to stay proceedings pending resolution of an interlocutory appeal should be granted or denied in a civil litigation case in North Carolina.
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