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 that can be filed in a Tennessee court. This motion asks the court to suspend or pause the litigation proceedings while an intermediate appeal is pending. An interlocutory appeal is an appeal of a specific decision or order that has been made by a lower court, such as a motion to dismiss or a summary judgment request. These appeals are filed in the same court that issued the decision that is being challenged. The appeal can be made by either party involved in the case, such as the plaintiff or the defendant. When a motion to stay is filed, the court order in question is put on hold while the intermediate appeal is being heard. This means that the parties involved will not proceed in the case until the appellate court issues its ruling on the appeal. It also prevents any further legal costs or damages from being accrued while the appeal is pending. In Tennessee, a motion to stay must be filed with the lower court before an interlocutory appeal is filed with the appellate court. The motion must include a detailed explanation of why the appeal should be allowed and why the case should be put on hold. The court will then consider the motion and rule on whether it should be granted. If it is not granted, the parties cannot proceed with the appeal and the case must continue in the lower court.
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